Idaho State Statutes - Idaho Attorney Directory

Any child or children receiving child care
in a children's residential care facility or children's therapeutic outdoor
program found to be operating without a license may be removed from such home,
agency or institution upon order of the magistrate court of the county in
which the child is receiving care and returned to the child's own home, or
placed in the custody of the department if the child's custodial parent is not
available. The prosecuting attorneys of the several counties shall represent
the department at all stages of the proceedings before the magistrate court.
The magistrate court shall retain jurisdiction relative to child custody
pursuant to the provisions of this section. In the event that the prosecuting
attorney in the county where the alleged violation occurred fails or refuses
to act within sixty (60) days of notification of the violation, the attorney
general is authorized to prosecute violations under this chapter.

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