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Idaho Juv. R. 16

Idaho Rules of Court

Idaho Juvenile Rules

Part II. Juvenile Corrections Act (J.C.A.) Proceedings

Rule 16. Expanding a Juvenile Corrections Act Proceeding to a Child Protective Act Proceeding (J.C.A.)

(a) If at any stage of a J.C.A. proceeding the court has reasonable cause to believe that a juvenile living or found within the state is neglected, abused, abandoned, homeless, or whose parent(s) or other legal custodian fails or is unable to provide a stable home environment, as set forth in I.C. Section 16- 1603, the court may order the proceeding expanded to a C.P.A. proceeding or direct the Department of Health and Welfare to investigate the circumstances of the juvenile and his or her family and report to the court as provided in I.C. § 16-1609. Any order expanding the proceeding to a C.P.A. proceeding must be in writing and contain the factual basis found by the court to support its order. The order shall direct that copies of all court documents, studies, reports, evaluations, and other records in the court files, probation files, and juvenile corrections files relating to the juvenile/child be made available to the Department of Health and Welfare at its request.

(b) Upon expanding the proceeding to a C.P.A., the court may order the juvenile placed in shelter care under the C.P.A. if that is in the best interest of the juvenile and needed for the juvenile's protection. If the juvenile is placed in shelter care, a shelter-care hearing under the C.P.A. must be held within 48 hours, excluding Saturdays, Sundays, and holidays, and notice thereof shall be given to the juveniles parents(s), guardian, or custodian, and to the Department of Health and Welfare.

(c) A copy of the order expanding a J.C.A. proceeding to a C.P.A. proceeding shall be given to the juvenile's parent(s), guardian, or custodian, the Idaho Department of Health and Welfare, the prosecuting attorney and other counsel of record, and the Department of Juvenile Corrections if the juvenile is currently under commitment to the Department, pursuant to these rules and the rules of civil procedure.

(d) No further C.P.A. petition will be required. A petition may be filed to include other children that come within the jurisdiction of the C.P. A. but who are not before the court under the Juvenile Corrections Act. Any petition must be filed 14 days before the date set for the adjudicatory hearing. Any adjudicatory hearing pursuant to I.C. Section 16-1608 will be held within 30 days of the court's determination to expand the proceeding to a C.P.A. proceeding. A notice of the hearing will be served upon the parent(s), the Department of Health and Welfare, the juvenile, and the Department of Juvenile Corrections if the juvenile is currently under commitment to the Department, as though a petition under the C.P.A. has been filed. The burden of going forward with the evidence at the adjudicatory hearing shall remain with the prosecuting attorney.

(e) The proceeding under the J.C.A. will continue unless otherwise ordered by the court. The court may consolidate hearings under both the J.C. A. and the C.P.A. if the purposes of both acts can be served and the rights of the participants are not prejudiced.

(f) The Department of Juvenile Corrections shall have standing as an interested party in the child protective action if the juvenile is in the custody of the Department.

(g) Form of order expanding the Juvenile Correction Act proceeding to a Child Protective Act proceeding. The order expanding the Juvenile Correction Act proceeding to a Child Protective Act proceeding shall substantially conform to the following format:

IN THE DISTRICT COURT OF THE __________ JUDICIAL DISTRICT OF THE

STATE OF IDAHO, IN AND FOR THE COUNTY OF __________

MAGISTRATE DIVISION

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)

In the Interest of: ) Case No. _______

)

) ORDER EXPANDING JUVENILE

) CORRECTIONS ACT (J.C.A.)

) PROCEEDING TO CHILD

A Child Under Eighteen ) PROTECTIVE ACT (C.P.A.)

(18) Years of Age ) PROCEEDING

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This matter came before the Court under the J.C.A. on the ___ day of __________, 20 ___. Based upon the J.C.A. proceeding, the Court has reasonable cause to believe that the above-named child is neglected and/or abused and/or abandoned and/or homeless or that the child's parent(s)/ guardian(s)/custodian(s) fail(s) or is/are unable to provide a stable home environment pursuant to Idaho Code Section 16-1603.

In support thereof, the Court does hereby enter findings of fact as follows:

1. The birth date, sex and residence address of the above-named child are: ___

2. The names and residence addresses of the child's parent(s)/guardian(s)/

custodian(s) are: ________________________________________________________

(If neither parent is within the state, or if the residence address of neither parent is known, the name and address of any known adult relative residing in Idaho is: ______________________________________________________

3. The specific facts which bring the child(ren) within the purview of the

Child Protective Act are:

(a) _______________________________________________________________________

_____________________________________________________________________________

(b) _______________________________________________________________________

_____________________________________________________________________________

(d) _______________________________________________________________________

_____________________________________________________________________________

4. (__________) It appears from such findings that the child--should

(__________) should not (__________)--be removed from existing conditions

and surroundings to protect his/her health or welfare and that continuation

in the home--would (__________) would not (__________)--be contrary to the

welfare of the child(ren).

5. (__________) Reasonable efforts were made to prevent the removal of the

child(ren) from the home, but were not successful, or were not required,

based on the following specific facts:

(a) _______________________________________________________________________

_____________________________________________________________________________

(b) _______________________________________________________________________

_____________________________________________________________________________

(d) _______________________________________________________________________

_____________________________________________________________________________

Based upon the foregoing findings and conclusions,

THE COURT HEREBY ORDERS that pursuant to I.J.R. 16, the J.C.A. proceeding is hereby expanded to a C.P.A. proceeding. The filing and service of this Order shall have the same effect as the filing and service of a C.P.A. petition.

THE COURT FURTHER ORDERS that: (initial if applicable)

(__________) the above-named child(ren) shall be taken forthwith to a place of shelter care by either a peace officer or an Idaho Department of Health and Welfare (I.D.H.W.) caseworker, based upon the best interest of the child(ren) and the need for the child(ren)'s protection and further, that said child(ren) is/are hereby placed in the temporary custody of the I.D.H.W. pending the shelter care hearing and/or further order of the Court; and the shelter care hearing under the C.P.A. shall be held within 48 hours of entry of this Order excluding weekends and holidays and notice of state action shall be given to the child's parent(s)/guardian(s)/ custodian(s) and I.D.H.W. as provided by I.J.R. 16(c), 31(a)(4), and 33.

(__________) the above-named child(ren) does/do not appear endangered by present circumstances and may remain in the custody of the parent(s)/ guardian(s)/custodian(s) pending the adjudicatory hearing and/or further order of the Court; and the adjudicatory hearing under the C.P.A. shall be held within 30 days of entry of this Order and notice thereof shall be served by summons upon the child(ren), his/her/their parent(s)/guardian(s)/ custodian(s), and notice thereof shall be given to I.D. H.W. and the Department of Juvenile Corrections if the juvenile is in the custody of the Department, as provided by Rule 16(d), I.J.R.

(__________) the Idaho Department of Health and Welfare shall investigate the applicability of the Indian Child Welfare Act (25 USC 1901) to this proceeding.

(__________) copies of all court documents, studies, reports, evaluations, and other records in the court files, probation files and juvenile corrections files relating to the child(ren) shall be made available to the Idaho Department of Health and Welfare at its request.

(__________) Other: ______________________________________________________

___________________________________________________________________________

DATED this ___ day of __________, 20 ___.

__________

JUDGE

Copies: H. & W. [ ] Juv. Prob. [ ] Parent [ ] Pros.Att. [ ] Def. Att. [ ] Other [ ]

(h) Form of order directing the Department of Health and Welfare to investigate. The order directing the Department of Health and Welfare to investigate the circumstances of the juvenile and his or her family shall substantially conform to the following:

IN THE DISTRICT COURT OF THE __________ JUDICIAL DISTRICT OF THE

STATE OF IDAHO, IN AND FOR THE COUNTY OF __________

MAGISTRATE DIVISION

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)

In the Interest of: ) Case No. _______

)

) ORDER FOR INVESTIGATIVE

) REPORT TO THE COURT

A Juvenile under 18 ) UNDER I.J.R. 16

years of age )

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Pursuant to Rule 16 of the Idaho Juvenile Rules and Section 16- 1609, Idaho Code, and good cause appearing therefor;

IT IS HEREBY ORDERED that the Department of Health & Welfare shall conduct an investigation and shall report to the court information concerning the juvenile. This investigation shall include but may not be limited to the circumstances of the juvenile and his/her family. It shall also include appropriate family, social, educational, psychological and law enforcement information as they relate to the juvenile. This report shall be delivered to the court with copies to each of the parents or their attorney, any other legal custodian and the prosecuting attorney at least two (2) days before the date set by this court for hearing on this matter, __________, 20 ___, at __________: ___ __________ m. The Department of Health and Welfare shall include with the investigation report a recommendation to this court as to the application of Idaho Juvenile Rule 16 or the application of the Idaho Child Protective Act.

IT IS FURTHER ORDERED that copies of all court documents, studies, reports, evaluations and other records in the court files, probation files and juvenile corrections files relating to the juvenile be made available to the Department of Health and Welfare at its request.

In support thereof, the Court does hereby enter findings of fact as follows:

1. The birth date, sex and residence address of the above-named juvenile are __

2. The names and residence addresses of the juvenile's parent(s), guardian(s)

or custodian(s) are _______________________________________________________

If neither parent is within the state, or the residence or whereabouts of the

parents are unknown, the name of any known adult relative residing in Idaho

is ________________________________________________________________________

3. The facts which have caused the court to order this report are:

a. ________________________________________________________________________

___________________________________________________________________________

b. ________________________________________________________________________

___________________________________________________________________________

c. ________________________________________________________________________

___________________________________________________________________________

ORDERED this ___ day of __________, 20 ___,

___________________________________

Magistrate Judge

Copies: H. & W. [ ] Juv. Prob. [ ] Parent [ ] Pros.Att. [ ] Def. Att. [ ] Other [ ]

[Adopted effective July 1, 1996. Amended effective July 1, 1999; July 1, 2002.]

Idaho Juv. R. 58

Idaho Rules of Court

Idaho Juvenile Rules

Part V. Miscellaneous

Rule 58. Indian Child Welfare Act--Notice Required

In any child custody proceeding where the court or any party knows or has reason to know that a child who is the subject of the proceedings is the biological child of an Alaskan Native or a member of an Indian tribe, the parties and the court shall provide notice of the proceedings to the child's parent(s) or Indian custodian and to the appropriate Indian tribe, and otherwise comply fully with 25 U.S.C. 1901, et seq., and the notice requirements of 25 C.F.R. § 23.11.

[Adopted effective July 1, 1996.]