Amends and adds to existing law to provide for attendance at child protection hearings.

LEGISLATURE OF THE STATE OF IDAHO Sixty-eighth Legislature Second Regular Session - 2026 IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 692 BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE AN ACT1 RELATING TO CHILD PROTECTION HEARINGS; AMENDING SECTION 16-1613, IDAHO2 CODE, TO REVISE A PROVISION REGARDING ATTENDANCE AT HEARINGS; AMEND-3 ING CHAPTER 16, TITLE 16, IDAHO CODE, BY THE ADDITION OF A NEW SECTION4 16-1613A, IDAHO CODE, TO ESTABLISH PROVISIONS REGARDING ATTENDANCE AT5 HEARINGS; AND DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE.6

Be It Enacted by the Legislature of the State of Idaho:7

SECTION 1. That Section 16-1613, Idaho Code, be, and the same is hereby8 amended to read as follows:9 16-1613. HEARINGS UNDER THE CHILD PROTECTIVE ACT THIS CHAPTER. (1)10 Proceedings under this chapter shall be dealt with by the court at hearings11 separate from those for adults and without a jury. The hearings shall be12 conducted in an informal manner and may be adjourned from time to time. The13 general public shall be excluded, and only such persons shall be admitted as14 are found by the court to have a direct interest in the case. The child may15 be excluded from hearings at any time at the discretion of the court. If the16 parent or guardian is without counsel, the court shall inform them of their17 right to be represented by counsel and to appeal from any disposition or18 order of the court.19 (2) When a child is summoned as a witness in any hearing under this act20 chapter, notwithstanding any other statutory provision, parents, a coun-21 selor, a friend, or other person having a supportive relationship with the22 child shall, if available, be permitted to remain in the courtroom at the23 witness stand with the child during the child's testimony unless, in writ-24 ten findings made and entered, the court finds that the constitutional right25 of the child's parent(s), guardian(s) or other custodian(s) to a fair hear-26 ing will be unduly prejudiced.27 (3) At any stage of a proceeding under this chapter, if the court de-28 termines that it is in the best interests of the child or society, the court29 may cause the proceeding to be expanded or altered to include full or partial30 consideration of the cause under the juvenile corrections act chapter 5, ti-31 tle 20, Idaho Code, without terminating the original proceeding under this32 chapter.33

SECTION 2. That Chapter 16, Title 16, Idaho Code, be, and the same is34 hereby amended by the addition thereto of a NEW SECTION, to be known and des-35 ignated as Section 16-1613A, Idaho Code, and to read as follows:36 16-1613A. ATTENDANCE AT HEARINGS. (1) The court shall state on the37 record its reasoning for admitting or excluding non-parties from a hearing.38 Admittance to a hearing does not confer party status. Findings by the court39

2 to either admit or exclude a person from a hearing shall not prevent the court1 from proceeding with the hearing or issuing any ruling, decision, or order.2 (2) Children subject to this chapter have the right to participate in3 all proceedings, including the opportunity to personally attend every hear-4 ing. The court may waive the presence of a child in hearings if it is unsafe5 or inappropriate for the child to be at such hearing.6 (3) The department, parents whose rights have not been terminated,7 guardians, legal custodians, tribal representatives, assigned guardians8 ad litem, the assigned prosecuting attorney or deputy attorney general and9 counsel for each of these entities, and any child subject to this chapter10 shall be permitted to attend every hearing unless the court finds them dis-11 ruptive to the hearing or engaging in improper conduct and makes a written12 record of that finding.13 (4) There exists a rebuttable presumption that the following persons14 shall be admitted to hearings under this chapter:15 (a) Any individual identified as support for a parent, guardian, legal16 custodian, or the child or who has knowledge or information relevant to17 the welfare and best interests of the child;18 (b) Any relative, fictive kin, or other interested persons with whom19 the child is or may be placed as described in section 16-1629, Idaho20 Code;21 (c) Foster parents;22 (d) State legislators and any persons who have the right to confiden-23 tial information about the child necessary for the performance of their24 duties;25 (e) Treatment and service providers; and26 (f) Staff of the department, a guardian ad litem agency, a prosecuting27 attorney's office, the office of the attorney general, or the office of28 the state public defender where such persons would attend to supervise29 or support assigned staff or in furtherance of staff professional de-30 velopment on the processes set forth in this chapter.31 (5) There exists a rebuttable presumption that all other persons shall32 not be admitted to hearings under this chapter.33 (6) In determining the persons to be admitted or excluded from a hear-34 ing, the court shall consider the following factors:35 (a) The best interests of the child;36 (b) The wishes of the child as stated by the child's guardian ad litem or37 attorney;38 (c) Whether any person's attendance would endanger the child's physi-39 cal or emotional well-being or the safety of any other person;40 (d) Any agreement between the parties;41 (e) Whether the person's attendance would cause specific material harm42 to a criminal investigation or prosecution; and43 (f) Prior disruptions of court proceedings by a person in any case.44 (7) This section shall not be construed to prohibit the exclusion of45 witnesses at a hearing where their exclusion is authorized by court rules.46 This section shall not be construed to limit which witnesses may be called to47 testify at a hearing.48

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SECTION 3. An emergency existing therefor, which emergency is hereby1 declared to exist, this act shall be in full force and effect on and after2 July 1, 2026.3