Amends existing law to revise provisions regarding termination of parent and child relationships.

LEGISLATURE OF THE STATE OF IDAHO Sixty-eighth Legislature Second Regular Session - 2026 IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 682 BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE AN ACT1 RELATING TO TERMINATION OF PARENT AND CHILD RELATIONSHIPS; AMENDING SECTION2 16-2005, IDAHO CODE, TO REVISE PROVISIONS REGARDING CONDITIONS UNDER3 WHICH TERMINATION MAY BE GRANTED; AND DECLARING AN EMERGENCY AND PRO-4 VIDING AN EFFECTIVE DATE.5

Be It Enacted by the Legislature of the State of Idaho:6

SECTION 1. That Section 16-2005, Idaho Code, be, and the same is hereby7 amended to read as follows:8 16-2005. CONDITIONS UNDER WHICH TERMINATION MAY BE GRANTED.9 (1)(a) The court may grant an order terminating the relationship where10 it finds that termination of parental rights is in the best interests of11 the child and that one (1) or more of the following conditions exist:12 (i) The parent has abandoned the child;13 (ii) The parent has neglected or abused the child;14 (iii) The presumptive parent is not the biological parent of the15 child;16 (iv) The parent is unable to discharge parental responsibilities17 and such inability will continue for a prolonged indeterminate pe-18 riod and will be injurious to the health, morals or well-being of19 the child; or20 (v) The parent has been incarcerated and is likely to remain in-21 carcerated for a substantial period of time during the child's mi-22 nority.23 (b) For terminations arising from a case filed pursuant to chapter 16,24 title 16, Idaho Code, additional factors that inform what is in the best25 interest of the child, beyond those otherwise identified by the courts,26 include:27 (i) The parent's efforts to improve the parent's capacity to28 safely reunify with the child;29 (ii) The parent's demonstrated ability to live a law-abiding30 life, excepting infraction violations; and31 (iii) When the child has formed a strong and positive bond with the32 child's substitute caretaker, the strong and positive bond has ex-33 isted for a substantial portion of the child's life, the removal of34 the child from the substitute caretaker would likely cause serious35 psychological harm to the child, and the parent lacks the capacity36 to meet the needs of the child upon removal.37 (2) The court may grant an order terminating the relationship and may38 rebuttably presume that such termination of parental rights is in the best39 interests of the child where:40 (a) The parent caused the child to be conceived as a result of rape,41 incest, lewd conduct with a minor child under the age of sixteen (16)42

2 years, or sexual abuse of a child under the age of sixteen (16) years, as1 defined in sections 18-6101, 18-1508, 18-1506, and 18-6601, Idaho Code;2 (b) The following circumstances are present:3 (i) Abandonment, chronic abuse or chronic neglect of the child.4 Chronic neglect or chronic abuse of a child shall consist of abuse5 or neglect that is so extreme or repetitious as to indicate con-6 tinuing the relationship would result in unacceptable risk to the7 health and welfare of the child;8 (ii) Sexual abuse against a child of the parent, or a conviction of9 sexual abuse against any child. Sexual abuse, for the purposes of10 this section, includes any conduct described in section 18-1506,11 18-1506A, 18-1507, 18-1508, 18-1508A, 18-6101, or 18-6604, Idaho12 Code;13 (iii) Torture of a child; any conduct described in the code sec-14 tions listed in section 18-8303(1), Idaho Code; battery or an15 injury to a child that results in serious or great bodily in-16 jury to a child; voluntary manslaughter of a child, or aiding or17 abetting such voluntary manslaughter, soliciting such voluntary18 manslaughter or attempting or conspiring to commit such voluntary19 manslaughter;20 (iv) The parent has committed murder, aided or abetted a murder,21 solicited a murder or attempted or conspired to commit murder; or22 (c) The court determines the child to be an abandoned infant, except in23 a parental termination action brought by one (1) parent against another24 parent.25 (3) The court shall not grant an order terminating the relationship26 based on the child's immunization status.27 (4) The court may grant an order terminating the relationship if termi-28 nation is found to be in the best interest of the parent and child.29 (5) The court may grant an order terminating the relationship where a30 consent to termination in the manner and form prescribed by this chapter has31 been filed by the parent or parents of the child in conjunction with a peti-32 tion for adoption initiated by the person or persons proposing to adopt the33 child, where the consent to termination has been filed by a licensed adop-34 tion agency, or where the termination is initiated by the department per-35 taining to a child who is in the legal custody of the department, and no sub-36 sequent hearing on the merits of the petition shall be held. Consents re-37 quired by this chapter must be witnessed by a district judge or magistrate of38 a district court, or equivalent judicial officer of the state, where a person39 consenting resides or is present, whether within or without the county, and40 shall be substantially in the following form:41 IN THE DISTRICT COURT OF THE.... JUDICIAL DISTRICT OF THE STATE OF IDAHO, IN42 AND FOR THE COUNTY OF....43 In the matter of the termination )44 of the parental rights of )45 ................... )46 ................... )47 I (we), the undersigned, being the.... of...., do hereby give my (our)48 full and free consent to the complete and absolute termination of my (our)49

3 parental right(s), to the said...., who was born....,...., unto...., hereby1 relinquishing completely and forever, all legal rights, privileges, du-2 ties and obligations, including all rights of inheritance to and from the3 said...., and I (we) do hereby expressly waive my (our) right(s) to hear-4 ing on the petition to terminate my (our) parental relationship with the5 said...., and respectfully request the petition be granted.6 DATED:...., 20..7 ................8 STATE OF IDAHO )9 ) ss.10 COUNTY OF.... )11 On this.... day of...., 20.., before me, the undersigned....,....12 (Judge or Magistrate) of the District Court of the.... Judicial District of13 the state of Idaho, in and for the county of...., personally appeared....,14 known to me (or proved to me on the oath of....) to be the person(s) whose15 name(s) is (are) subscribed to the within instrument, and acknowledged to me16 that he (she, they) executed the same.17 IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official18 seal the day and year in this certificate first above written.19 ...................... (District Judge or Magistrate)20 (6) The court shall accept a consent or a surrender and release executed21 in another state if:22 (a) It is witnessed by a magistrate or district judge of the state where23 signed; or24 (b) The court receives an affidavit or a certificate from a court of25 comparable jurisdiction stating that the consent or the surrender and26 release was executed in accordance with the laws of the state in which it27 was executed, or the court is satisfied by other showing that the con-28 sent or surrender and release was executed in accordance with the laws29 of the state in which it was executed.30 (7) The court shall accept a termination or relinquishment from a sis-31 ter state that has been ordered by a court of competent jurisdiction under32 like proceedings or in any other manner authorized by the laws of a sister33 state. In a state where the father has failed to file notice of claim to pa-34 ternity and willingness to assume responsibility as provided for pursuant to35 the laws of such state, and where such failure constitutes an abandonment of36 such child and constitutes a termination or relinquishment of the rights of37 the putative father, the court shall accept such failure as a termination in38 this state without further hearing on the merits if the court is satisfied39 that such failure constitutes a termination or relinquishment of parental40 rights pursuant to the laws of that state.41 (8) The court shall hold a hearing unless:42 (a) A consent to termination signed by the parent or parents of the43 child has been filed by an adoption agency licensed in the state of44 Idaho;45 (b) A consent to termination was filed in conjunction with a petition46 for adoption of the child; or47

4 (c) A consent to termination signed by the parent or parents of the1 child has been filed and the termination is initiated by the department2 pertaining to a child who is in legal custody of the department.3 (9) If the parent has a disability, as defined in this chapter, the par-4 ent shall have the right to provide evidence to the court regarding the man-5 ner in which the use of adaptive equipment or supportive services will enable6 the parent to carry out the responsibilities of parenting the child. Nothing7 in this section shall be construed to create any new or additional obligation8 on state or local governments to purchase or provide adaptive equipment or9 supportive services for parents with disabilities.10

SECTION 2. An emergency existing therefor, which emergency is hereby11 declared to exist, this act shall be in full force and effect on and after12 July 1, 2026.13