Idaho State Statutes - Idaho Attorney Directory

(1) A motion for revocation or
modification of an order issued under section 16-1619, Idaho Code, may be
filed by the department or any party; provided that no motion may be filed by
the respondents under this section within three (3) months of a prior hearing
on care and placement of the child. All persons required to be summoned or
notified of the original petition pursuant to section 16-1611, Idaho Code,
shall be served with notice of a motion for review of a child's case.
(2) If the motion filed under subsection (1) of this section alleges that
the child's best interests are no longer served by carrying out the order
issued under section 16-1619, Idaho Code, or the department or other
authorized agency has failed to provide adequate care for the child, the court
shall hold a hearing on the motion.
(3) A hearing for review of the child's case and permanency plan shall be
held no later than six (6) months after entry of the court's order taking
jurisdiction under the act, and every six (6) months thereafter, so long as
the child is in the custody of the department or authorized agency.
(4) A hearing shall be held to review the permanency plan of the
department prior to twelve (12) months from the date the child is removed from
the home or the date of the court's order taking jurisdiction under this
chapter, whichever occurs first. The court shall review, approve, reject or
modify the permanency plan of the department and review progress in
accomplishing the permanency plan. This permanency hearing may be combined
with the review hearing required under subsection (3) of this section.
(5) By order of the court a hearing officer may be appointed to conduct
hearings under this section.
(6) The department or authorized agency may move the court at any time to
vacate any order placing a child in its custody or under its protective
supervision.
(7) The department or any party may move the court requesting relief from
the duty imposed on the department pursuant to the provisions of section
16-1629(9), Idaho Code, that it seek termination of parental rights. The court
may grant the department's motion if it appears based on compelling reasons in
the record that the presumption has been rebutted.

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