Idaho State Statutes - Idaho Attorney Directory

Cases under this act shall be heard by the court
without a jury. The hearing may be conducted in an informal manner and may be
adjourned from time to time. Stenographic notes or mechanical recording of the
hearing shall be required. The general public shall be excluded and only such
persons admitted whose presence is requested by any person entitled to notice
under the provisions of section 16-2007, Idaho Code, or as the judge shall
find to have a direct interest in the case or in the work of the court;
provided that persons so admitted shall not disclose any information secured
at the hearing which would identify an individual child or parent. The court
may require the presence of witnesses deemed necessary to the disposition of
the petition, except that a parent who has executed a waiver pursuant to
section 16-2007, Idaho Code, shall not be required to appear at the hearing.
The parent or guardian ad litem shall be notified as soon as practicable
after the filing of a petition and prior to the start of a hearing of his
right to have counsel, and if counsel is requested and the parent or guardian
is financially unable to employ counsel, counsel shall be provided. The
prosecuting attorneys of the several counties shall represent the department
at all stages of the hearing.
The court's finding with respect to grounds for termination shall be based
upon clear and convincing evidence under rules applicable to the trial of
civil causes, provided that relevant and material information of any nature,
including that contained in reports, studies or examinations, may be admitted
and relied upon to the extent of its probative value. When information
contained in a report, study or examination is admitted in evidence, the
person making such report, study or examination shall be subject to both
direct and cross-examination.

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