Idaho State Statutes - Idaho Attorney Directory

Any peace officer, any
prosecuting attorney, or any authorized representative of the board of
trustees of a school district of this state, having knowledge of a juvenile
who is within the purview of this act may file a petition with the court in
such form as may be required by the court, except a peace officer may also
issue a citation for a curfew violation pursuant to section 20-549, Idaho
Code. Said individual or agency shall be responsible for providing the
evidence to support the allegations made in the petition, provided this in no
way shall relieve peace officers from enforcement of the law as set forth in
section 31-2227, Idaho Code. The court shall make a preliminary inquiry to
determine whether the interests of the public or of the juvenile require that
further action be taken. Such inquiry may be made through the county probation
officer or such other agent or investigation officer designated by the court.
Thereupon, the court may make such informal adjustment as is practicable, or
dismiss the petition, or set the matter for hearing. If an informal adjustment
is made, it shall provide for full or partial restitution in the manner and
form prescribed by the court when the offense involves loss or damage of
property of another. A probation officer shall not file a petition unless the
juvenile has previously been under the jurisdiction of the court. The petition
and all subsequent court documents shall be entitled "In the interest of ...,
a juvenile under eighteen (18) years of age." The petition may be made upon
information and belief but it shall be made under oath. It shall set forth
plainly: (1) the facts which bring the juvenile within the purview of this
act; (2) the name, age, and residence of the juvenile; (3) the names and
residences of his parents and spouse, if any; (4) the name and residence of
his legal guardian, if there be one, or the person or persons having custody
or control of the juvenile, or of the nearest known relative if no parent or
guardian can be found. If any of the facts herein required are not known by
the petitioner the petition shall so state.
Service of a petition upon the parents, legal guardian or person or
persons having custody or control of the juvenile shall subject the parents,
legal guardian or person or persons having custody or control of the juvenile
to the provisions of this chapter. The petition shall inform the parents,
legal guardian or other person legally obligated to care for and support the
juvenile that service of the petition upon them shall make them subject to the
provisions of this chapter.

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