Idaho State Statutes - Idaho Attorney Directory

(1) After a petition has
been filed, the court shall set the time and place for hearing. The petitioner
shall give notice to any person entitled to notice under section 16-1505,
Idaho Code, the authorized agency having legal custody of the child and the
guardian ad litem of the child and of a parent. The petitioner shall give
notice to the Idaho department of health and welfare if the petition for
termination was not filed in conjunction with a petition for adoption or by an
adoption agency licensed by the state of Idaho.
(2) Notice shall be given by personal service on the parents or guardian.
Where reasonable efforts to effect personal service have been unsuccessful or
are impossible because the whereabouts of parties entitled to notice are not
known or reasonably ascertainable, the court shall order service by registered
or certified mail to the last known address of the person to be notified and
by publication once a week for three (3) successive weeks in a newspaper or
newspapers to be designated by the court as most likely to give notice to the
person to be served. The hearing shall take place no sooner than ten (10) days
after service of notice, or where service is by registered or certified mail
and publication, the hearing shall take place no sooner than ten (10) days
after the date of last publication.
(3) Notice and appearance may be waived by a parent in writing and
witnessed by a district judge or magistrate of a district court, or equivalent
judicial officer of the state, where a person waiving notice and appearance
resides or is present, whether within or without the county, and shall be
substantially in the following form:
IN THE DISTRICT COURT OF THE .... JUDICIAL DISTRICT OF THE STATE OF IDAHO, IN
AND FOR THE COUNTY OF ....
In the Matter of the termination )
of the parental rights to )
................... )
................... )
(a) minor child(ren)
I (we), the undersigned, being the .... of ...., do hereby waive my (our)
right to notice and my (our) right to appear in any action seeking termination
of my (our) parental rights. I (we) understand that by waiving notice and
appearance my (our) parental right(s), to the said ...., who was born ....,
...., unto ...., may be completely and forever terminated, including all legal
rights, privileges, duties and obligations, including all rights of
inheritance to and from the said ...., and I (we) do hereby expressly waive my
(our) right(s) to notice of or appearance in any such action.
DATED: ...., 20..
.................
STATE OF IDAHO )
) ss.
COUNTY OF .... )
On this .... day of ...., 20.., before me, the undersigned ...., ....
(Judge or Magistrate) of the District Court of the .... Judicial District of
the state of Idaho, in and for the county of ...., personally appeared ....,
known to me (or proved to me on the oath of ....) to be the person(s) whose
name(s) is (are) subscribed to the within instrument, and acknowledged to me
that he (she, they) executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day and year in this certificate first above written.
...................... (District Judge or Magistrate)
(4) The court shall accept a waiver of notice and appearance executed in
another state if:
(a) It is witnessed by a magistrate or district judge of the state where
signed; or
(b) The court receives an affidavit or a certificate from a court of
comparable jurisdiction stating that the waiver of notice and appearance
was executed in accordance with the laws of the state in which it was
executed, or the court is satisfied by other showing that the waiver of
notice and appearance was executed in accordance with the laws of the
state in which it was executed.
(5) When the termination of the parent and child relationship is sought
and the parent is determined to be incompetent to participate in the
proceeding, the court shall appoint a guardian ad litem for the alleged
incompetent parent. The court may in any other case appoint a guardian ad
litem, as may be deemed necessary or desirable, for any party. Where the
putative father has failed to timely commence proceedings to establish
paternity under section 7-1111, Idaho Code, and by filing with the vital
statistics unit of the department of health and welfare, notice of his
commencement of proceedings to establish his paternity of the child born out
of wedlock, notice under this section is not required unless such putative
father is one of those persons specifically set forth in section 16-1505(1),
Idaho Code.
(6) If a parent fails to file a claim of parental rights pursuant to the
provisions of chapter 82, title 39, Idaho Code, for a child left with a safe
haven pursuant thereto, prior to entry of an order terminating their parental
rights, that parent is deemed to have abandoned the child and waived and
surrendered any right in relation to the child, including the right to notice
of any judicial proceeding in connection with the termination of parental
rights.

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