Idaho State Statutes - Idaho Attorney Directory

The department, working in
conjunction with the court and other public and private agencies and persons,
shall have the primary responsibility to implement the purpose of this
chapter. To this end, the department is empowered and shall have the duty to
do all things reasonably necessary to carry out the purpose of this chapter,
including, but not limited to, the following:
(1) The department shall administer treatment programs for the protection
and care of neglected, abused and abandoned children, and in so doing may
place in foster care, shelter care, or other diagnostic, treatment, or care
centers or facilities, children of whom it has been given custody. The
department is to be governed by the standards found in chapter 12, title 39,
Idaho Code.
(2) On December 1, the department shall make an annual statistical report
to the governor covering the preceding fiscal year showing the number and
status of persons in its custody and including such other data as will provide
sufficient facts for sound planning in the conservation of children and youth.
All officials and employees of the state and of every county and city shall
furnish the department upon request, such information within their knowledge
and control as the department deems necessary. Local agencies shall report in
such uniform format as may be required by the department.
(3) The department shall be required to maintain a central registry for
the reporting of child neglect, abuse and abandonment information. Provided
however, that the department shall not retain any information for this purpose
relating to a child, or parent of a child, abandoned pursuant to chapter 82,
title 39, Idaho Code.
(4) The department shall make periodic evaluation of all persons in its
custody or under its supervision for the purpose of determining whether
existing orders and dispositions in individual cases shall be modified or
continued in force. Evaluations may be made as frequently as the department
considers desirable and shall be made with respect to every person at
intervals not exceeding six (6) months. Reports of evaluation made pursuant to
this section shall be filed with the court which vested custody of the person
with the department. Reports of evaluation shall be provided to persons having
full or partial legal or physical custody of a child. Failure of the
department to evaluate a person or to reevaluate him within six (6) months of
a previous examination shall not of itself entitle the person to a change in
disposition but shall entitle him, his parent, guardian or custodian or his
counsel to petition the court pursuant to section 16-1622, Idaho Code.
(5) In a consultive capacity, the department shall assist communities in
the development of constructive programs for the protection, prevention and
care of children and youth.
(6) The department shall keep written records of investigations,
evaluations, prognoses and all orders concerning disposition or treatment of
every person over whom it has legal custody. Department records shall be
subject to disclosure according to chapter 3, title 9, Idaho Code, unless
otherwise ordered by the court, the person consents to the disclosure, or
disclosure is necessary for the delivery of services to the person.
Notwithstanding the provisions restricting disclosure or the exemptions from
disclosure provided in chapter 3, title 9, Idaho Code, all records pertaining
to investigations, the rehabilitation of youth, the protection of children,
evaluation, treatment and/or disposition records pertaining to the statutory
responsibilities of the department shall be disclosed to any duly elected
state official carrying out his official functions.
(7) The department shall establish appropriate administrative procedures
for the processing of complaints of child neglect, abuse and abandonment
received and for the implementation of the protection, treatment and care of
children formally or informally placed in the custody of the department under
this chapter including, but not limited to:
[(a)](1) Department employees whose job duties are related to the child
protective services system under this chapter shall first be trained as to
their obligations under this chapter regarding the protection of children
whose health and safety may be endangered. The curriculum shall include
information regarding their legal duties, how to conduct their work in
conformity with the requirements of this chapter, information regarding
applicable federal and state laws with regard to the rights of the child,
parent and others who may be under investigation under the child
protective services system, and the applicable legal and constitutional
parameters within which they are to conduct their work.
[(b)](2) Department employees whose job duties are related to the child
protective services system shall advise the individual of the complaints
or allegations made against the individual at the time of the initial
contact, consistent with protecting the identity of the referrant.
(8) The department having been granted legal custody of a child, subject
to the judicial review provisions of this subsection, shall have the right to
determine where and with whom the child shall live, provided that the child
shall not be placed outside the state without the court's consent. Provided
however, that the court shall retain jurisdiction over the child, which
jurisdiction shall be entered on any order or petition granting legal custody
to the department, and the court shall have jurisdiction over all matters
relating to the child. The department shall not place the child in the home
from which the court ordered the child removed without first obtaining the
approval of the court.
(9) The department shall give to the court any information concerning the
child that the court may at any time require, but in any event shall report
the progress of the child under its custody at intervals of not to exceed six
(6) months. The department shall file with the court at least five (5) days
prior to the permanency hearing under section 16-1622, Idaho Code, the
permanency plan and recommendations of the department. There shall be a
rebuttable presumption that if a child is placed in the custody of the
department and was also placed in out of the home care for a period not less
than fifteen (15) out of the last twenty-two (22) months from the date the
child entered shelter care, the department shall initiate a petition for
termination of parental rights. This presumption may be rebutted by a finding
of the court that the filing of a petition for termination of parental rights
would not be in the best interests of the child or reasonable efforts have not
been provided to reunite the child with his family, or the child is placed
permanently with a relative.
(10) The department shall establish appropriate administrative procedures
for the conduct of administrative reviews and hearings as required by federal
statute for all children committed to the department and placed in out of the
home care.
(11) At any time the department is considering a placement pursuant to
this act, the department shall make a reasonable effort to place the child in
the least disruptive environment to the child and in so doing may consider,
without limitation, placement of the child with related persons.

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