Amends and adds to existing law to provide for a school of origin and school of origin hearing.

LEGISLATURE OF THE STATE OF IDAHO Sixty-eighth Legislature Second Regular Session - 2026 IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 809 BY HEALTH AND WELFARE COMMITTEE AN ACT1 RELATING TO THE CHILD PROTECTIVE ACT; AMENDING SECTION 16-1602, IDAHO CODE,2 TO REVISE DEFINITIONS; AMENDING SECTION 16-1615, IDAHO CODE, TO REVISE3 TERMINOLOGY; AMENDING SECTION 16-1619, IDAHO CODE, TO REVISE TERMI-4 NOLOGY; AMENDING SECTION 16-1620, IDAHO CODE, TO REVISE TERMINOLOGY;5 AMENDING SECTION 16-1621, IDAHO CODE, TO REVISE TERMINOLOGY; AMENDING6 SECTION 16-1622, IDAHO CODE, TO REVISE TERMINOLOGY; AMENDING CHAPTER7 16, TITLE 16, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 16-1625A,8 IDAHO CODE, TO ESTABLISH PROVISIONS REGARDING SCHOOL OF ORIGIN HEAR-9 INGS; AND DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE.10

Be It Enacted by the Legislature of the State of Idaho:11

SECTION 1. That Section 16-1602, Idaho Code, be, and the same is hereby12 amended to read as follows:13 16-1602. DEFINITIONS. For purposes of this chapter:14 (1) "Abused" means any case in which a child has been the victim of:15 (a) Conduct or omission resulting in skin bruising, bleeding, mal-16 nutrition, burns, fracture of any bone, head injury, soft tissue17 swelling, failure to thrive or death, and such condition or death is not18 justifiably explained, or where the history given concerning such con-19 dition or death is at variance with the degree or type of such condition20 or death, or the circumstances indicate that such condition or death may21 not be the product of an accidental occurrence; or22 (b) Sexual conduct, including rape, molestation, incest, commercial23 sexual activity, obscene or pornographic photographing, filming or de-24 piction for commercial purposes, human trafficking as defined in chap-25 ter 86, title 18, Idaho Code, or other similar forms of sexual exploita-26 tion harming or threatening the child's health or welfare or mental in-27 jury to the child.28 (2) "Abandoned" means the failure of the parent to maintain a normal29 parental relationship with his child including, but not limited to, reason-30 able support or regular personal contact. Failure to maintain this rela-31 tionship without just cause for a period of one (1) year shall constitute32 prima facie evidence of abandonment.33 (3) "Adaptive equipment" means any piece of equipment or any item that34 is used to increase, maintain or improve the parenting capabilities of a par-35 ent with a disability.36 (4) "Adjudicatory hearing" means a hearing to determine:37 (a) Whether the child comes under the jurisdiction of the court pur-38 suant to the provisions of this chapter;39 (b) Whether continuation of the child in the home would be contrary to40 the child's welfare and whether the best interest of the child requires41

2 protective supervision or vesting legal custody of the child in an au-1 thorized agency.2 (5) "Age of developmentally appropriate" means:3 (a) Activities that are generally accepted as suitable for children of4 the same chronological age or level of maturity or that are determined5 to be developmentally appropriate for a child, based on the development6 of cognitive, emotional, physical and behavioral capacities that are7 typical for an age or age group; and8 (b) In the case of a specific child, activities or items that are suit-9 able for the child based on the developmental stages attained by the10 child with respect to the cognitive, emotional, physical and behavioral11 capacities of the child.12 (6) "Aggravated circumstances" includes, but is not limited to:13 (a) Circumstances in which the parent has engaged in any of the follow-14 ing:15 (i) Abandonment, chronic abuse or chronic neglect of the child.16 Chronic neglect or chronic abuse of a child shall consist of abuse17 or neglect that is so extreme or repetitious as to indicate that18 return of the child to the home would result in unacceptable risk19 to the health and welfare of the child.20 (ii) Sexual abuse against a child of the parent. Sexual abuse, for21 the purposes of this section, includes any conduct described in22 section 18-1506, 18-1506A, 18-1507, 18-1508, 18-1508A, 18-6101,23 or 18-6604, or chapter 86, title 18, Idaho Code.24 (iii) Torture of a child. Any conduct listed in section25 18-8303(1), Idaho Code; battery or an injury to a child that re-26 sults in serious or great bodily injury to a child; voluntary27 manslaughter of a child, or aiding or abetting such voluntary28 manslaughter, soliciting such voluntary manslaughter or attempt-29 ing or conspiring to commit such voluntary manslaughter;30 (b) The parent has committed murder, aided or abetted a murder, so-31 licited a murder or attempted or conspired to commit murder; or32 (c) The parental rights of the parent to another child have been termi-33 nated involuntarily.34 (7) "Authorized agency" means the department, a local agency, a person,35 an organization, corporation, benevolent society or association licensed36 or approved by the department or the court to receive children for control,37 care, maintenance or placement.38 (8) "Caregiver" means a foster parent with whom a child in foster care39 has been placed or a designated official for a child care institution in40 which a child in foster care has been placed.41 (9) "Case plan hearing" means a hearing to approve, modify or reject the42 case plan as provided in section 16-1621, Idaho Code.43 (10) "Child" means an individual who is under the age of eighteen (18)44 years.45 (11) "Child advocacy center" or "CAC" means an organization that ad-46 heres to national best practice standards established by the national47 membership and accrediting body for children's advocacy centers and that48 promotes a comprehensive and coordinated multidisciplinary team response to49 allegations of child abuse by maintaining a child-friendly facility at which50

3 appropriate services are provided. These services may include forensic in-1 terviews, forensic medical examinations, mental health services and other2 related victim services.3 (12) "Circumstances of the child" includes, but is not limited to, the4 joint legal custody or joint physical custody of the child.5 (13) "Commit" means to transfer legal and physical custody.6 (14) "Concurrent planning" means a planning model that prepares for and7 implements different outcomes at the same time.8 (15) "Court" means district court or magistrate division thereof or, if9 the context requires, a magistrate or judge thereof.10 (16) "Custodian" means a person, other than a parent or legal guardian,11 to whom legal or joint legal custody of the child has been given by court or-12 der.13 (17) "Department" means the department of health and welfare and its au-14 thorized representatives.15 (18) "Disability" means, with respect to an individual, any mental or16 physical impairment that substantially limits one (1) or more major life17 activities of the individual including, but not limited to, self-care, man-18 ual tasks, walking, seeing, hearing, speaking, learning or working, or a19 record of such an impairment, or being regarded as having such an impairment.20 Disability shall not include transvestism, transsexualism, pedophilia,21 exhibitionism, voyeurism, other sexual behavior disorders, or substance use22 disorders, compulsive gambling, kleptomania or pyromania. Sexual prefer-23 ence or orientation is not considered an impairment or disability. Whether24 an impairment substantially limits a major life activity shall be determined25 without consideration of the effect of corrective or mitigating measures26 used to reduce the effects of the impairment.27 (19) "Family or household member" shall have the same meaning as in sec-28 tion 39-6303(6), Idaho Code.29 (20) "Foster care" means twenty-four (24) hour substitute parental care30 for children placed away from their parents or guardians by persons who may31 or may not be related to the children and for whom the state agency has place-32 ment and care responsibility.33 (21) "Foster parent" means a person or persons licensed to provide fos-34 ter care.35 (22) "Grant administrator" means the supreme court or any organization36 or agency as may be designated by the supreme court in accordance with such37 procedures as may be adopted by the supreme court. The grant administrator38 shall administer funds from the guardian ad litem account in accordance with39 the provisions of this chapter.40 (23) "Guardian ad litem" means a person appointed by the court pursuant41 to a guardian ad litem volunteer program to act as special advocate for a42 child under this chapter.43 (24) "Guardian ad litem coordinator" means a person or entity receiving44 moneys from the grant administrator for the purpose of carrying out any of45 the duties set forth in section 16-1632, Idaho Code.46 (25) "Guardian ad litem program" means the program to recruit, train and47 coordinate volunteer persons to serve as guardians ad litem for abused, ne-48 glected or abandoned children.49

4 (26) "Homeless," as used in this chapter, shall mean that the child is1 without adequate shelter or other living facilities, and the lack of such2 shelter or other living facilities poses a threat to the health, safety or3 well-being of the child.4 (27) "Idaho network of children's advocacy centers" means an organiza-5 tion that provides education and technical assistance to child advocacy cen-6 ters and to interagency multidisciplinary teams developed pursuant to sec-7 tion 16-1617, Idaho Code.8 (28) "Law enforcement agency" means a city police department, the pros-9 ecuting attorney of any county, state law enforcement officers, or the of-10 fice of a sheriff of any county.11 (29) "Legal custody" means a relationship created by court order, which12 vests in a custodian the following rights and responsibilities:13 (a) To have physical custody and control of the child, and to determine14 where and with whom the child shall live.15 (b) To supply the child with food, clothing, shelter and incidental ne-16 cessities.17 (c) To provide the child with care, education and discipline.18 (d) To authorize ordinary medical, dental, psychiatric, psychologi-19 cal, or other remedial care and treatment for the child, including care20 and treatment in a facility with a program of services for children, and21 to authorize surgery if the surgery is deemed by two (2) physicians li-22 censed to practice in this state to be necessary for the child.23 (e) Where the parents share legal custody, the custodian may be vested24 with the custody previously held by either or both parents.25 (30) "Mental injury" means a substantial impairment in the intellectual26 or psychological ability of a child to function within a normal range of per-27 formance and/or behavior, for short or long terms.28 (31) "Neglected" means a child:29 (a) Who is without proper parental care and control, or subsistence,30 medical or other care or control necessary for his well-being because of31 the conduct or omission of his parents, guardian or other custodian or32 their neglect or refusal to provide them; however, no child whose parent33 or guardian chooses for such child treatment by prayers through spiri-34 tual means alone in lieu of medical treatment shall be deemed for that35 reason alone to be neglected or lack parental care necessary for his36 health and well-being, but this subsection shall not prevent the court37 from acting pursuant to section 16-1627, Idaho Code; or38 (b) Whose parent, guardian or other custodian is unable to discharge39 the responsibilities to and for the child and, as a result of such in-40 ability, the child lacks the parental care necessary for his health,41 safety or well-being; or42 (c) Who has been placed for care or adoption in violation of law; or43 (d) Who is without proper education because of the failure to comply44 with section 33-202, Idaho Code.45 (32) "Order to prevent removal," as described in section 16-1611(5),46 Idaho Code, means an order to allow a child to remain in the child's present47 surroundings when there is reasonable cause to believe the child is safe in48 the sole care of one (1) parent, legal guardian, or legal custodian and when49

5 there is alleged neglect or abuse by another parent, legal guardian, or legal1 custodian.2 (33) "Permanency hearing" means a hearing to review, approve, reject or3 modify the permanency plan of the department and to review reasonable ef-4 forts in accomplishing the permanency plan.5 (34) "Permanency plan" means a plan for a continuous residence and main-6 tenance of nurturing relationships during the child's minority.7 (35) "Protective supervision" is a legal status created by court order8 in a child protective case whereby the child is in the legal custody of his or9 her parent(s), guardian(s) or other legal custodian(s), subject to supervi-10 sion by the department.11 (36) "Psychotropic medication" means a drug prescribed to affect psy-12 chological functioning, perception, behavior or mood. Psychotropic medi-13 cations include, but are not limited to, antidepressants, mood stabilizers,14 antipsychotics, antianxiety medications, sedatives and stimulants.15 (37) "Qualified individual" means a trained professional or licensed16 clinician who is not connected to or affiliated with any placement setting17 in which children are placed by the department and who is not an employee of18 child and family services, unless a waiver has been approved by the autho-19 rized agency.20 (38) "Qualified residential treatment program" means a program that has21 a trauma-informed treatment model designed to address the needs of children22 with serious emotional or behavioral disorders or disturbances, is able to23 implement the treatment identified for the child by the assessment of the24 child required under section 16-1619A(2), Idaho Code, and is licensed and25 accredited in accordance with state and federal law.26 (39) "Reasonable and prudent parent standard" means the standard of27 care characterized by careful and sensible parental decisions that main-28 tain the health, safety and best interests of a child while simultaneously29 encouraging the emotional and developmental growth of the child that a care-30 giver shall use when determining whether to allow a child in foster care31 under the responsibility of the state to participate in extracurricular,32 enrichment, cultural or social activities.33 (40) "Relative" means a child's grandparent, great grandparent, aunt,34 great aunt, uncle, great uncle, brother-in-law, sister-in-law, first35 cousin, sibling and half-sibling.36 (41) "Residual parental rights and responsibilities" means those37 rights and responsibilities remaining with the parents after the transfer of38 legal custody including, but not necessarily limited to, the right of visi-39 tation, the right to consent to adoption, the right to determine religious40 affiliation, the right to determine choice of school, the right to family41 counseling when beneficial, and the responsibility for support.42 (42) "School of origin" means the school in which a child is enrolled at43 the time of placement, including private instruction by a parent or guardian44 and any other method authorized pursuant to section 33-202, Idaho Code.45 (42) (43) "Shelter care" means places designated by the department for46 temporary care of children pending court disposition or placement.47 (43) (44) "Supportive services," as used in this chapter, shall mean48 services that assist parents with a disability to compensate for those as-49 pects of their disability that affect their ability to care for their child50

6 and that will enable them to discharge their parental responsibilities. The1 term includes specialized or adapted training, evaluations or assistance2 with effectively using adaptive equipment and accommodations that allow3 parents with a disability to benefit from other services including, but not4 limited to, Braille texts or sign language interpreters.5

SECTION 2. That Section 16-1615, Idaho Code, be, and the same is hereby6 amended to read as follows:7 16-1615. SHELTER CARE HEARING. (1) Notwithstanding any other provi-8 sion of this chapter, when a child is taken into shelter care pursuant to sec-9 tion 16-1608 or 16-1611, Idaho Code, a hearing to determine whether the child10 should be released shall be held according to the provisions of this section.11 (2) Each of the parents or custodian from whom the child was removed12 shall be given notice of the shelter care hearing. Such notice shall include13 the time, place, and purpose of the hearing; and, that such person is enti-14 tled to be represented by legal counsel. Notice as required by this subsec-15 tion shall be given at least twenty-four (24) hours before the shelter care16 hearing.17 (3) Notice of the shelter care hearing shall be given to the parents or18 custodian from whom the child was removed by personal service and the return19 of service shall be filed with the court and to any person having joint legal20 or physical custody of the subject child. Provided, however, that such ser-21 vice need not be made where the undelivered notice is returned to the court22 along with an affidavit stating that such parents or custodian could not be23 located or were out of the state.24 (4) The shelter care hearing may be continued for a reasonable time upon25 request by the parent, custodian or counsel for the child.26 (5) If, upon the completion of the shelter care hearing, it is shown27 that:28 (a) A petition has been filed; and29 (b) There is reasonable cause to believe the child comes within the ju-30 risdiction of the court under this chapter and either:31 (i) The department made reasonable efforts to eliminate the need32 for shelter care but the efforts were unsuccessful; or33 (ii) The department made reasonable efforts to eliminate the need34 for shelter care but was not able to safely provide preventive ser-35 vices; and36 (c) The child could not be placed in the temporary sole custody of a par-37 ent having joint legal or physical custody; and38 (d) It is contrary to the welfare of the child to remain in the home; and39 (e) It is in the best interests of the child to remain in temporary shel-40 ter care pending the conclusion of the adjudicatory hearing.41 The court shall issue, within twenty-four (24) hours of such hearing, a shel-42 ter care order placing the child in the temporary legal custody of the de-43 partment or other authorized agency. Any evidence may be considered by the44 court which is of the type which reasonable people may rely upon.45 (6) Upon finding reasonable cause pursuant to subsection (5)(b) of this46 section, the court shall order an adjudicatory hearing to be held as soon as47 possible, but in no event later than thirty (30) days from the date the peti-48

7 tion was filed. In addition, the court shall inquire whether there is reason1 to believe that the child is an Indian child.2 (7) Upon entry of an order of shelter care, the court shall inquire:3 (a) If the child is of school age, about the department's efforts to4 keep the child in the school at which the child is currently enrolled of5 origin; and6 (b) If a sibling group was removed from their home, about the depart-7 ment's efforts to place the siblings together, or if the department has8 not placed or will not be placing the siblings together, about a plan9 to ensure frequent visitation or ongoing interaction among the sib-10 lings, unless visitation or ongoing interaction would be contrary to11 the safety or well-being of one (1) or more of the siblings.12 (8) If the court does not find that the child should be placed in or re-13 main in shelter care under subsection (5) of this section, the child shall be14 released.15 (9) If the court does not find reasonable cause pursuant to subsection16 (5)(b) of this section, the court shall dismiss the petition.17

SECTION 3. That Section 16-1619, Idaho Code, be, and the same is hereby18 amended to read as follows:19 16-1619. ADJUDICATORY HEARING -- CONDUCT OF HEARING -- CONSOLIDA-20 TION. (1) When a petition has been filed, the court shall set an adjudicatory21 hearing to be held no later than thirty (30) days after the filing of the22 petition.23 (2) A pretrial conference shall be held outside the presence of the24 court within three (3) to five (5) days before the adjudicatory hearing.25 Investigative reports required under section 16-1616, Idaho Code, shall be26 delivered to the court with copies to each of the parents and other legal cus-27 todians, guardian ad litem and attorney for the child prior to the pretrial28 conference.29 (3) At the adjudicatory hearing, parents or guardians with disabil-30 ities shall have the right to introduce admissible evidence regarding how31 use of adaptive equipment or supportive services may enable the parent or32 guardian to carry out the responsibilities of parenting the child by ad-33 dressing the reason for the removal of the child.34 (4) If a preponderance of the evidence at the adjudicatory hearing35 shows that the child comes within the court's jurisdiction under this chap-36 ter upon the grounds set forth in section 16-1603, Idaho Code, the court37 shall so decree and in its decree shall make a finding on the record of the38 facts and conclusions of law upon which it exercises jurisdiction over the39 child.40 (5) Upon entering its decree, the court shall consider any information41 relevant to the disposition of the child but in any event shall:42 (a) Place the child under the protective supervision of the department43 for an indeterminate period not to exceed the child's eighteenth birth-44 day; or45 (b) Vest legal custody in the department or other authorized agency46 subject to residual parental rights and subject to full judicial re-47 view by the court and, when contested by any party, judicial approval48 of all matters relating to the custody of the child by the department49

8 or other authorized agency. If the department has placed the child in1 a qualified residential treatment program, the court shall approve or2 disapprove the placement within sixty (60) days of placement in accor-3 dance with section 16-1619A, Idaho Code.4 (6) If the court vests legal custody in the department or other autho-5 rized agency, the court shall make detailed written findings based on facts6 in the record that, in addition to the findings required in subsection (4) of7 this section, continuation of residence in the home would be contrary to the8 welfare of the child and that vesting legal custody with the department or9 other authorized agency would be in the best interests of the child. In ad-10 dition, the court shall make detailed written findings based on facts in the11 record as to whether the department made reasonable efforts to prevent the12 placement of the child in foster care, including findings, when appropriate,13 that:14 (a) Reasonable efforts were made but were not successful in eliminating15 the need for foster care placement of the child;16 (b) The department made reasonable efforts to prevent removal but was17 not able to safely provide preventive services;18 (c) Reasonable efforts to temporarily place the child with related per-19 sons were made but were not successful; or20 (d) Reasonable efforts to reunify the child with one (1) or both parents21 were not required because aggravated circumstances were present. If22 aggravated circumstances are found, a permanency hearing for the child23 shall be held within thirty (30) days of the determination of aggravated24 circumstances.25 (7)(a) The court shall also inquire regarding:26 (i) Whether there is reason to believe that the child is an Indian27 child;28 (ii) The efforts that have been made since the last hearing to de-29 termine whether the child is an Indian child; and30 (iii) The department's efforts to work with all tribes of which the31 child may be a member to verify whether the child is a member or el-32 igible for membership.33 (b) In addition, if the court vests legal custody of the child in the34 department or other authorized agency, the court shall inquire as to:35 (i) If the child is of school age, the department's efforts to36 keep the child in the school at which the child is currently en-37 rolled of origin; and38 (ii) If a sibling group was removed from the home, the depart-39 ment's efforts to place the siblings together, or if the depart-40 ment has not placed or will not be placing the siblings together,41 about a plan to ensure frequent visitation or ongoing interac-42 tion among the siblings, unless visitation or ongoing interaction43 would be contrary to the safety or well-being of one (1) or more of44 the siblings.45 (c) If the court vests legal custody of the child in the department46 or other authorized agency and the child is being treated with psy-47 chotropic medication, these additional requirements shall apply:48

9 (i) The department shall report to the court the medications and1 dosages prescribed for the child and the medical professional who2 prescribed the medication; and3 (ii) The court shall inquire about and may make any additional in-4 quiry relevant to the use of psychotropic medications.5 (8) A decree vesting legal custody in the department shall be binding6 upon the department and may continue until the child's eighteenth birthday.7 (9) A decree vesting legal custody in an authorized agency other than8 the department shall be for a period of time not to exceed the child's eigh-9 teenth birthday and on such other terms as the court shall state in its decree10 to be in the best interests of the child and which the court finds to be ac-11 ceptable to such authorized agency.12 (10) If the court does not find that the child comes within the juris-13 diction of this chapter pursuant to subsection (4) of this section, it shall14 dismiss the petition.15 (11) Where legal custody of a child is vested in the department, any16 party or counsel for a child may, at or after the disposition phase of an17 adjudicatory hearing, file and serve a written motion to contest matters18 relating to the placement of the child by the department. The hearing must19 be held no later than thirty (30) days from the date the motion was filed. If20 the court approves the placement, the court shall enter an order denying the21 motion. If the court does not approve the placement, the court shall enter22 an order directing the department to identify and implement an alternative23 placement in accordance with applicable law. The court shall consider ev-24 erything necessary or proper in the best interests of the children. The25 court shall consider all relevant factors, which may include:26 (a) The wishes of the child regarding the child's custodian;27 (b) The wishes of the child's parent or parents regarding the child's28 custody, if appropriate;29 (c) The interaction and interrelationship of the child with his parent30 or parents or foster parent or foster parents, and the child's siblings;31 (d) The child's adjustment to his home, school and community;32 (e) The character and circumstances of all individuals involved;33 (f) The need to promote continuity and stability in the life of the34 child; and35 (g) A history of domestic violence as defined in section 39-6303, Idaho36 Code, whether or not in the presence of the child, or a conviction for37 lewd and lascivious conduct or felony injury to a child.38

SECTION 4. That Section 16-1620, Idaho Code, be, and the same is hereby39 amended to read as follows:40 16-1620. FINDING OF AGGRAVATED CIRCUMSTANCES -- PERMANENCY PLAN --41 HEARING. (1) After a judicial determination that reasonable efforts to re-42 turn the child to his home are not required because aggravated circumstances43 were found to be present, the court shall hold a permanency hearing within44 thirty (30) days after the finding and every twelve (12) months thereafter45 for as long as the court has jurisdiction. The department shall prepare a46 permanency plan and file the permanency plan with the court at least five (5)47 days prior to the permanency hearing. If the permanency plan has a goal of48 termination of parental rights and adoption, the department shall file the49

10 petition to terminate as required in section 16-1624(2), Idaho Code. Copies1 of the permanency plan shall be delivered to the parents and other legal2 guardians, prosecuting attorney or deputy attorney general, the guardian ad3 litem and attorney for the child.4 (2) The permanency plan shall have a permanency goal of termination of5 parental rights and adoption, guardianship or, for youth age sixteen (16)6 years and older only, another planned permanent living arrangement and shall7 set forth the reasonable efforts necessary to finalize the permanency goal.8 (3) The permanency plan shall also:9 (a) Identify the services to be provided to the child, including ser-10 vices to identify and meet any educational, emotional, physical or de-11 velopmental needs the child may have, to assist the child in adjusting12 to the placement or to ensure the stability of the placement;13 (b) Address all options for permanent placement of the child, including14 consideration of options for in-state and out-of-state placement of the15 child;16 (c) Address the advantages and disadvantages of each option and include17 a recommendation as to which option is in the child's best interests;18 (d) Specifically identify the actions necessary to implement the rec-19 ommended option;20 (e) Specifically set forth a schedule for accomplishing the actions21 necessary to implement the permanency goal;22 (f) Address the options for maintaining the child's connection to the23 community, including individuals with a significant relationship to24 the child, and organizations or community activities with which the25 child has a significant connection. This shall also include the efforts26 made to ensure educational stability for the child, the efforts to keep27 the child in the school in which the child is enrolled at the time of28 placement of origin, or the reasons why remaining in that school is not29 in the best interests of the child;30 (g) Document that siblings were placed together or, if siblings were31 not placed together, document the efforts made to place siblings to-32 gether, the reasons why siblings were not placed together, and a plan33 for ensuring frequent visitation or ongoing interaction between the34 siblings, unless visitation or ongoing interaction would be contrary to35 the safety or well-being of one (1) or more of the siblings;36 (h) For youth age fourteen (14) years and older:37 (i) Identify the services needed to assist the youth to make the38 transition from foster care to successful adulthood; and39 (ii) Document the youth's rights in regard to education, health,40 visitation, court participation and receipt of an annual credit41 report, including a signed acknowledgment by the department that42 the youth was provided with a written copy of these rights and that43 the rights were explained to the youth in an age-appropriate or de-44 velopmentally appropriate manner;45 (i) For youth age sixteen (16) years and older with a proposed perma-46 nency goal of another planned permanent living arrangement, document:47 (i) The intensive, ongoing, and, as of the date of the hearing,48 unsuccessful efforts made to place the youth with a parent, in an49 adoptive placement, in a guardianship, or in the legal custody of50

11 the department in a placement with a fit and willing relative, in-1 cluding an adult sibling;2 (ii) Why another planned permanent living arrangement is the best3 permanency plan for the youth and compelling reasons why, as of4 the date of the permanency hearing, it would not be in the best in-5 terests of the youth to be placed permanently with a parent, in an6 adoptive placement, in a guardianship, or in the legal custody of7 the department in a placement with a fit and willing relative, in-8 cluding an adult sibling;9 (iii) The steps that the department has taken to ensure that the10 youth's foster parents or child care institution are following the11 reasonable and prudent parent standard when determining whether12 to allow the youth in their care to participate in extracurricu-13 lar, enrichment, cultural and social activities; and14 (iv) The opportunities provided to the youth to engage in age-ap-15 propriate or developmentally appropriate activities;16 (j) If there is reason to believe the child is an Indian child and there17 has been no final determination as to the child's status as an Indian18 child, document:19 (i) The efforts made to determine whether the child is an Indian20 child; and21 (ii) The department's efforts to work with all tribes of which the22 child may be a member to verify whether the child is a member or el-23 igible for membership; and24 (k) Identify the prospective adoptive parents, if known; if the25 prospective adoptive parents are not known, the department shall amend26 the plan to name the proposed adoptive parents as soon as such persons27 become known.28 (4) The court shall hold a permanency hearing to determine whether the29 best interests of the child are served by adopting, rejecting or modifying30 the permanency plan proposed by the department. At each permanency hearing:31 (a) For youth age twelve (12) years and older, unless good cause is32 shown, the court shall ask the youth about his desired permanency out-33 come and consult with the youth about his current permanency plan;34 (b) If there is reason to believe that the child is an Indian child and35 there has not been a final determination regarding the child's status as36 an Indian child, the court shall:37 (i) Inquire about the efforts that have been made since the last38 hearing to determine whether the child is an Indian child; and39 (ii) Determine that the department is using active efforts to work40 with all tribes of which the child may be a member to verify whether41 the child is a member or eligible for membership;42 (c) If the child is being treated with psychotropic medication, these43 additional requirements shall apply:44 (i) The department shall report to the court the medication and45 dosage prescribed for the child and the medical professional who46 prescribed the medication; and47 (ii) The court shall inquire as to, and may make any additional48 inquiry relevant to, the use of psychotropic medication; and49

12 (d) If a child is in the legal custody of the department and the court1 has approved placement of the child in a qualified residential treat-2 ment program, then at each hearing pursuant to this section and each3 hearing held pursuant to section 16-1622, Idaho Code, the department4 shall document:5 (i) That ongoing assessment of the strengths and needs of the6 child continues to support the determination that the needs of7 the child cannot be met through placement in a foster family home,8 that the placement in a qualified residential treatment program9 provides the most effective and appropriate level of care for the10 child that is in the least restrictive environment, and that the11 placement is consistent with the short- and long-term goals for12 the child, as specified in the permanency plan for the child;13 (ii) The specific treatment or service needs that will be met for14 the child in the placement and the length of time the child is ex-15 pected to need the treatment or services; and16 (iii) The efforts made by the department to prepare the child to17 return home or to be placed with a fit and willing relative, with18 a legal guardian, with an adoptive parent, or in a foster family19 home.20 (5) Notice of the permanency hearing shall be provided to the parents21 and other legal guardians, prosecuting attorney or deputy attorney general,22 guardian ad litem, attorney for the child, the department and foster par-23 ents; provided however, that foster parents are not thereby made parties to24 the child protective act action.25 (6) The permanency plan as approved by the court shall be entered into26 the record as an order of the court. The order may include interim and fi-27 nal deadlines for implementing the permanency plan and finalizing the perma-28 nency goal.29 (7) For youth with a proposed or current permanency goal of another30 planned permanent living arrangement, at each permanency hearing the court31 shall make written, case-specific findings that as of the date of the perma-32 nency hearing another planned permanent living arrangement is the best per-33 manency plan for the youth and that there are compelling reasons why it is not34 in the youth's best interests to be placed permanently with a parent, in an35 adoptive placement, in a guardianship, or in the legal custody of the depart-36 ment in a placement with a fit and willing relative, including an adult sib-37 ling.38 (8) The court may authorize the department to suspend further efforts39 to reunify the child with the child's parent, pending further order of the40 court, when a petition or other motion is filed in a child protection pro-41 ceeding seeking a determination of the court that aggravated circumstances42 were present.43

SECTION 5. That Section 16-1621, Idaho Code, be, and the same is hereby44 amended to read as follows:45 16-1621. CASE PLAN HEARING -- NO FINDING OF AGGRAVATED CIRCUM-46 STANCES. (1) In every case in which the child is determined to be within47 the jurisdiction of the court and there is no judicial determination that48 aggravated circumstances were present, the department shall prepare a writ-49

13 ten case plan, including cases in which the parent(s) is incarcerated. The1 court shall schedule a case plan hearing to be held within thirty (30) days2 after the adjudicatory hearing. The case plan shall be filed with the court3 no later than five (5) days prior to the case plan hearing. Copies of the4 case plan shall be delivered to the parents and other legal guardians, the5 prosecuting attorney or deputy attorney general, the guardian ad litem and6 attorney for the child.7 (a) The court shall hold a case plan hearing to determine whether the8 best interests of the child are served by adopting, rejecting or modify-9 ing the case plan proposed by the department.10 (b) If there is reason to believe that the child is an Indian child and11 there has not been a final determination regarding the child's status as12 an Indian child, the court shall:13 (i) Inquire about the efforts that have been made since the last14 hearing to determine whether the child is an Indian child; and15 (ii) Determine that the department is using active efforts to work16 with all tribes of which the child may be a member to verify whether17 the child is a member or eligible for membership.18 (c) If the child is being treated with psychotropic medication, the19 court shall inquire as to, and may make any additional inquiry relevant20 to, the use of psychotropic medication.21 (2) Notice of the case plan hearing shall be provided to the parents and22 other legal guardians, the prosecuting attorney or deputy attorney general,23 guardian ad litem, attorney for the child, the department, and foster par-24 ents. Although foster parents are provided notice of this hearing, they are25 not parties to the child protective act action.26 (3) If the child is placed in the legal custody of the department, the27 case plan filed by the department shall set forth reasonable efforts that28 will be made to make it possible for the child to return home. The case plan29 shall also:30 (a) Identify the services to be provided to the child, including ser-31 vices to identify and meet any educational, emotional, physical or de-32 velopmental needs the child may have, and to assist the child in adjust-33 ing to the placement or to ensure the stability of the placement. For34 youth age fourteen (14) years and older:35 (i) Identify the services needed to assist the youth in making the36 transition to successful adulthood; and37 (ii) Document the youth's rights in regard to education and38 health, visitation, court participation and receipt of an an-39 nual credit report, including a signed acknowledgment by the40 department that the youth was provided with a written copy of41 these rights and that the rights were explained to the youth in an42 age-appropriate or developmentally appropriate manner;43 (b) Address the options for maintaining the child's connection to the44 community:45 (i) Include connections to individuals with a significant rela-46 tionship to the child and organizations or community activities47 with which the child has a significant connection;48 (ii) Ensure educational stability for the child, including the49 efforts to keep the child in the school in which the child is en-50

14 rolled at the time of placement of origin or the reasons why re-1 maining in that school is not in the best interests of the child;2 (iii) Include a visitation plan and identify the need for supervi-3 sion of visitation and child support;4 (iv) Either document that siblings were placed together or, if5 siblings were not placed together, document the efforts made to6 place the siblings together, the reasons why siblings were not7 placed together and a plan for ensuring frequent visitation or8 other ongoing interaction among siblings, unless visitation or9 ongoing interaction would be contrary to the safety or well-being10 of one (1) or more of the siblings; and11 (v) If there is reason to believe the child is an Indian child and12 there has been no final determination as to the child's status as13 an Indian child, document:14 1. The efforts made to determine whether the child is an In-15 dian child; and16 2. The department's efforts to work with all tribes of which17 the child may be a member to verify whether the child is a18 member or eligible for membership;19 (c) Include a goal of reunification and a plan for achieving that20 goal. The reunification plan shall identify all issues that need to21 be addressed before the child can safely be returned home without de-22 partment supervision. The court may specifically identify issues to23 be addressed by the plan. The reunification plan shall specifically24 identify the tasks to be completed by the department, each parent or25 others to address each issue, including services to be made available26 by the department to the parents and in which the parents are required27 to participate, and deadlines for completion of each task. The case28 plan shall state with specificity the role of the department toward each29 parent. When appropriate, the reunification plan should identify terms30 for visitation, supervision of visitation and child support;31 (d) Include a concurrent permanency goal and a plan for achieving that32 goal. The concurrent permanency goal may be one (1) of the following:33 termination of parental rights and adoption, guardianship or, for youth34 age sixteen (16) years or older only, another planned permanent living35 arrangement. The concurrent plan shall:36 (i) Address all options for permanent placement of the child,37 including consideration of options for in-state and out-of-state38 placement of the child;39 (ii) Address the advantages and disadvantages of each option and40 include a recommendation as to which option is in the child's best41 interests;42 (iii) Specifically identify the actions necessary to implement43 the recommended option;44 (iv) Specifically set forth a schedule for accomplishing the ac-45 tions necessary to implement the concurrent permanency goal;46 (v) Address options for maintaining the child's connection to47 the community, including individuals with a significant relation-48 ship to the child and organizations or community activities with49 which the child has a significant connection;50

15 (vi) Identify the names of the proposed adoptive parents when1 known if the permanency goal is termination of parental rights and2 adoption;3 (vii) In the case of a child who has attained the age of fourteen4 (14) years, include the services needed to assist the child to make5 the transition from foster care to successful adulthood;6 (viii) For youth with a proposed permanency goal of another perma-7 nent planned living arrangement, document:8 1. The intensive, ongoing and, as of the date of the hearing,9 unsuccessful efforts made to place the youth with a parent10 in an adoptive placement, in a guardianship, or in the legal11 custody of the department in a placement with a fit and will-12 ing relative, including an adult sibling;13 2. Why another planned permanent living arrangement is the14 best permanency goal for the youth and a compelling reason15 why, as of the date of the case plan hearing, it would not be16 in the best interests of the child to be placed permanently17 with a parent, in an adoptive placement, in a guardianship,18 or in the legal custody of the department in a placement with19 a fit and willing relative, including an adult sibling;20 3. The steps taken by the department to ensure that the21 youth's foster parents or child care institution are follow-22 ing the reasonable and prudent parent standard when making23 decisions about whether the youth can engage in extracurric-24 ular, enrichment, cultural and social activities; and25 4. The opportunities provided to the youth to regularly en-26 gage in age-appropriate or developmentally appropriate ac-27 tivities; and28 (ix) Identify further investigation necessary to identify or as-29 sess other options for permanent placement, to identify actions30 necessary to implement the recommended placement or to identify31 options for maintaining the child's significant connections.32 (4) If the child has been placed under protective supervision of the de-33 partment, the case plan filed by the department shall:34 (a) Identify the services to be provided to the child, including ser-35 vices to identify and meet any educational, emotional, physical or36 developmental needs the child may have, and to assist the child in ad-37 justing to the placement or to ensure the stability of the placement.38 For youth age fourteen (14) years and older, identify the services39 needed to assist the youth in making the transition to successful adult-40 hood and document the youth's rights in regard to education and health,41 visitation, court participation and receipt of an annual credit report,42 including a signed acknowledgment by the department that the youth was43 provided with a written copy of the youth's rights and that the rights44 were explained to the youth in an age-appropriate or developmentally45 appropriate manner. The plan shall also address options for maintain-46 ing the child's connection to the community, including individuals with47 a significant relationship to the child and organizations or community48 activities with which the child has a significant connection;49

16 (b) Identify all issues that need to be addressed to allow the child to1 remain at home without department supervision. The court may specifi-2 cally identify issues to be addressed by the plan. The case plan shall3 specifically identify the tasks to be completed by the department, the4 parents or others to address each issue, including services to be made5 available by the department to the parents and in which the parents are6 required to participate, and deadlines for completion of each task. The7 plan shall state with specificity the role of the department toward each8 parent.9 (5) If the child is placed in a qualified residential treatment pro-10 gram, then the case plan shall include the assessment report of the qualified11 individual.12 (6) The case plan, as approved by the court, shall be entered into the13 record as an order of the court. The order may include interim and final14 deadlines for implementing the case plan and finalizing the permanency goal.15 The court's order shall provide that reasonable efforts shall be made to re-16 unify the family in a timely manner in accordance with the case plan. Unless17 the child has been placed under the protective supervision of the depart-18 ment, the court's order shall also require the department to simultaneously19 take steps to accomplish the goal of reunification and the concurrent perma-20 nency goal.21

SECTION 6. That Section 16-1622, Idaho Code, be, and the same is hereby22 amended to read as follows:23 16-1622. REVIEW HEARINGS -- STATUS HEARINGS -- ANNUAL PERMANENCY24 HEARINGS. (1) Review hearing.25 (a) A hearing for review of the child's case and permanency plan shall26 be held no later than six (6) months after entry of the court's order27 taking jurisdiction under this act and every two (2) months thereafter.28 The department and the guardian ad litem shall file reports to the court29 no later than five (5) days prior to the two (2) month review hearing.30 The purpose of the review hearing is:31 (i) To determine:32 1. The safety of the child;33 2. The continuing necessity for and appropriateness of the34 placement;35 3. The extent of compliance with the case plan; and36 4. The extent of progress that has been made toward alle-37 viating or mitigating the causes necessitating placement in38 foster care;39 (ii) To determine or continue to investigate whether the child is40 an Indian child. If there is reason to believe that the child is an41 Indian child and there has not been a final determination regard-42 ing the child's status as an Indian child:43 1. The department shall document and the court shall inquire44 about the efforts that have been made since the last hearing45 to determine whether the child is an Indian child; and46 2. The department shall document and the court shall de-47 termine that the department is using active efforts to work48

17 with all tribes of which the child may be a member to verify1 whether the child is a member or eligible for membership;2 (iii) To inquire regarding the child's educational stability. The3 department shall document and the court shall inquire as to the ef-4 forts made to ensure educational stability for the child, includ-5 ing the efforts made to keep the child in the school in which the6 child is enrolled at the time of placement of origin or the reason7 that remaining in the school is not in the child's best interests;8 (iv) To inquire regarding sibling placement. The department9 shall document and the court shall inquire whether siblings were10 placed together or, if siblings were not placed together, the11 efforts made to place siblings together, the reasons why sib-12 lings were not placed together, and a plan for ensuring frequent13 visitation or ongoing interaction between the siblings, unless14 visitation or ongoing interaction would be contrary to the safety15 or well-being of one (1) or more of the siblings;16 (v) To inquire regarding permanency. The court shall ask each17 youth age twelve (12) years and older about his desired permanency18 outcome and discuss with the youth his current permanency plan.19 For a youth age fourteen (14) years and older, the hearing shall20 include a review of the services needed to assist the youth to make21 the transition from foster care to successful adulthood;22 (vi) To document efforts related to the reasonable and prudent23 parent standard. For a youth whose permanency goal is another24 planned permanent living arrangement, the department shall docu-25 ment:26 1. That the youth's foster parents or child care institution27 is following the reasonable and prudent parent standard when28 deciding whether the child may participate in extracurricu-29 lar, enrichment, cultural and social activities; and30 2. The regular, ongoing opportunities to engage in age- or31 developmentally appropriate activities that have been pro-32 vided to the youth;33 (vii) To document efforts made to find a permanent placement other34 than another planned permanent living arrangement. For a youth35 whose permanency goal is another planned permanent living ar-36 rangement, the department shall document:37 1. The intensive, ongoing, and, as of the date of the hear-38 ing, unsuccessful efforts made to place the youth with a par-39 ent, in an adoptive placement, in a guardianship, or in the40 legal custody of the department in a placement with a fit and41 willing relative, including an adult sibling; and42 2. Why another planned permanent living arrangement is the43 best permanency plan for the youth and a compelling reason44 why, as of the date of the review hearing, it would not be in45 the best interest of the child to be placed permanently with46 a parent, in an adoptive placement, in a guardianship, or in47 the legal custody of the department in a placement with a fit48 and willing relative, including an adult sibling;49

18 (viii) To make findings regarding a permanency goal of another1 planned permanent living arrangement. For youth whose permanency2 goal is another planned permanent living arrangement, the court3 shall make written, case-specific findings, as of the date of the4 hearing, that:5 1. Another planned permanent living arrangement is the best6 permanency goal for the youth; and7 2. There are compelling reasons why it is not in the best in-8 terest of the youth to be placed permanently with a parent,9 in an adoptive placement, in a guardianship, or in the legal10 custody of the department in a placement with a fit and will-11 ing relative, including an adult sibling;12 (ix) To document and inquire regarding psychotropic medication.13 At each review hearing, if the child is being treated with psy-14 chotropic medication, these additional requirements shall apply:15 1. The department shall report to the court the medication16 and dosage prescribed for the child and the medical profes-17 sional who prescribed the medication; and18 2. The court shall inquire as to, and may make any additional19 inquiry relevant to, the use of psychotropic medication; and20 (x) To project, when reasonable, a likely date by which the child21 may be safely returned to and maintained in the home or placed in22 another permanent placement.23 (b) A status hearing is a review hearing that does not address all or24 most of the purposes identified in paragraph (a) of this subsection and25 may be held at the discretion of the court. Neither the department nor26 the guardian ad litem is required to file a report with the court prior27 to a status hearing, unless ordered otherwise by the court.28 (c) A motion for revocation or modification of an order issued un-29 der section 16-1619, Idaho Code, may be filed by the department or any30 party; provided that no motion may be filed by the respondents under31 this section within three (3) months of a prior hearing on care and32 placement of the child. Notice of a motion for review of a child's case33 shall be provided to the parents and other legal guardians, the prose-34 cuting attorney or deputy attorney general, the guardian ad litem, the35 attorney for the child, the department and foster parents.36 (d) If the motion filed under paragraph (c) of this subsection alleges37 that the child's best interests are no longer served by carrying out the38 order issued under section 16-1619, Idaho Code, or that the department39 or other authorized agency has failed to provide adequate care for the40 child, the court shall hold a hearing on the motion.41 (e) The department or authorized agency may move the court at any time42 to vacate any order placing a child in its custody or under its protec-43 tive supervision.44 (2) Permanency plan and hearing.45 (a) The permanency plan shall include a permanency goal. The per-46 manency goal may be one (1) of the following: continued efforts at47 reunification, in the absence of a judicial determination of aggra-48 vated circumstances; or termination of parental rights and adoption,49 guardianship or, for youth age sixteen (16) years and older only, an-50

19 other planned permanent living arrangement. Every permanency plan1 shall include the information set forth in section 16-1621(3)(a) and2 (b), Idaho Code. If the permanency plan has reunification as a per-3 manency goal, the plan shall include information set forth in section4 16-1621(3)(c), Idaho Code; however, if the circumstances that caused5 the child to be placed into protective custody resulted in a conviction6 for lewd and lascivious conduct or felony injury to a child, if the child7 has been in protective custody for more than six (6) months, or if a8 high risk of repeat maltreatment or reentry into foster care exists due9 to a parent's recent completion of substance abuse treatment or other10 compelling circumstances, then the permanency plan shall include a11 period of protective supervision or trial home visit period of no less12 than ninety (90) days prior to the court vacating the case. During the13 protective supervision or trial home visit period, the department shall14 make regular home visits. During the protective supervision or trial15 home visit period, the court shall hold one (1) or more review hearings16 for each permanency plan where a period of protective supervision or a17 trial home visit has been imposed and may require participation in sup-18 portive services, including community home visiting and peer-to-peer19 mentoring. Families reunified following a period of protective super-20 vision or a trial home visit should be encouraged by the department or21 the court to continue to participate in supportive services when ben-22 eficial and appropriate. If the permanency plan has a permanency goal23 other than reunification, the plan shall include the information set24 forth in section 16-1621(3)(d), Idaho Code, and if the permanency goal25 is termination of parental rights and adoption, then in addition to the26 information set forth in section 16-1620(3), Idaho Code, the permanency27 plan shall also name the proposed adoptive parents when known. If the28 adoptive parents are not known at the time the permanency plan is pre-29 pared, then the department shall amend the plan to name the proposed30 adoptive parents as soon as such person or persons become known. The31 court may approve a permanency plan that includes a primary goal and a32 concurrent goal. As used in this paragraph, "trial home visit" means33 that a child is returned to the care of the parent or guardian from whom34 the child was removed with the department continuing to have legal cus-35 tody of the child.36 (b) A permanency hearing shall be held no later than twelve (12) months37 from the date the child is removed from the home or the date of the38 court's order taking jurisdiction under this chapter, whichever occurs39 first, and at least every twelve (12) months thereafter, as long as the40 court has jurisdiction over the child. The court shall approve, reject41 or modify the permanency plan of the department and review progress in42 accomplishing the permanency goal. The permanency plan, as approved by43 the court, shall be entered into the record as an order of the court. A44 permanency hearing may be held at any time and may be combined with the45 review hearing required under subsection (1) of this section.46 (c) The court shall make written, case-specific findings whether the47 department made reasonable efforts to finalize the primary permanency48 goal in effect for the child. Lack of reasonable efforts to reunify may49

20 be a basis for an order approving a permanency plan with a permanency1 goal of reunification.2 (d) Where the permanency goal is not reunification, the hearing shall3 include a review of the department's consideration of options for4 in-state and out-of-state placement of the child. In the case of a5 child in an out-of-state placement, the court shall determine whether6 the out-of-state placement continues to be appropriate and in the best7 interest of the child.8 (e) The court shall ask each youth age twelve (12) years and older about9 his desired permanency outcome and discuss with the youth his current10 permanency plan. In the case of a child who has attained the age of four-11 teen (14) years and older, the hearing shall include a determination of12 the services needed to assist the youth to make the transition from fos-13 ter care to successful adulthood.14 (f) The court may approve a primary permanency goal of another planned15 permanent living arrangement only for youth age sixteen (16) years or16 older and only upon written, case-specific findings that, as of the date17 of the hearing:18 (i) Another planned permanent living arrangement is the best per-19 manency goal for the youth; and20 (ii) There are compelling reasons why it is not in the best inter-21 est of the youth to be placed permanently with a parent, in an adop-22 tive placement, in a guardianship, or in the legal custody of the23 department in a placement with a fit and willing relative, includ-24 ing an adult sibling.25 (g) If the child has been in the temporary or legal custody of the de-26 partment for twelve (12) of the most recent twenty-two (22) months, the27 department shall file, prior to the last day of the fifteenth month, a28 petition to terminate parental rights, unless the court finds that:29 (i) The child is placed permanently with a relative;30 (ii) There are compelling reasons why termination of parental31 rights is not in the best interests of the child; or32 (iii) The department has failed to provide reasonable efforts to33 reunify the child with his family.34 (h) The department shall document and the court shall inquire:35 (i) As to the efforts made to ensure educational stability for the36 child, including the efforts made to keep the child in the school37 in which the child is enrolled at the time of placement of origin or38 that remaining in the school is not in the child's best interests;39 and40 (ii) That siblings were placed together or, if siblings were not41 placed together, the efforts made to place siblings together, the42 reasons why siblings were not placed together or why a joint place-43 ment would be contrary to the safety or well-being of one (1) or44 more of the siblings and a plan for ensuring frequent visitation or45 ongoing interaction among siblings, unless visitation or ongoing46 interaction would be contrary to the safety or well-being of one47 (1) or more of the siblings.48

21 (i) If there is reason to believe that the child is an Indian child and1 there has not been a final determination regarding the child's status as2 an Indian child, the department shall document and the court shall:3 (i) Inquire about the efforts that have been made since the last4 hearing to determine whether the child is an Indian child; and5 (ii) Determine that the department has made active efforts to work6 with all tribes of which the child may be a member to verify whether7 the child is a member or eligible for membership.8 (j) At each permanency hearing, if the child is being treated with psy-9 chotropic medication, these additional requirements shall apply:10 (i) The department shall report to the court the medication and11 dosage prescribed for the child and the medical professional who12 prescribed the medication; and13 (ii) The court shall inquire as to, and may make any additional14 inquiry relevant to, the use of psychotropic medication.15 (k) The court may authorize the department to suspend further efforts16 to reunify the child with the child's parent, pending further order of17 the court, when a permanency plan is approved by the court and the perma-18 nency plan does not include a permanency goal of reunification.19 (3) If a youth is in the legal custody of the department or other autho-20 rized agency and is within ninety (90) days of his eighteenth birthday, the21 department shall file a report with the court that includes the department's22 transition plan for the youth. The court shall have a review or permanency23 hearing at which the court shall:24 (a) Discuss with the youth his or her transition plan; and25 (b) Review the transition plan with the youth for purposes of ensur-26 ing that the plan provides the services necessary to allow the youth to27 transition to a successful adulthood.28 (4) If a child is in the legal custody of the department and the court29 has approved placement of the child in a qualified residential treatment30 program, then at each review hearing pursuant to subsection (1)(a) of this31 section and at each permanency hearing pursuant to subsection (2)(b) of this32 section the department shall document:33 (a) That ongoing assessment of the strengths and needs of the child con-34 tinues to support the determination that the needs of the child cannot35 be met through placement in a foster family home, that the placement in36 a qualified residential treatment program provides the most effective37 and appropriate level of care for the child that is in the least restric-38 tive environment, and that the placement is consistent with the short-39 term and long-term goals for the child, as specified in the permanency40 plan for the child;41 (b) The specific treatment or service needs that will be met for the42 child in the placement and the length of time the child is expected to43 need the treatment or services; and44 (c) The efforts made by the department to prepare the child to return45 home or to be placed with a fit and willing relative, a legal guardian,46 or an adoptive parent or in a foster family home.47 (5) Notwithstanding any provision of law to the contrary, the court may48 order extended foster care for a person between the ages of eighteen (18) and49 twenty-three (23) years to help such person achieve a successful transition50

22 to adulthood, provided such person must have been in the custody of the de-1 partment until his eighteenth birthday and must meet the criteria set forth2 in 42 U.S.C. 675(8)(B)(iv). The extension shall be for a fixed period of time3 and shall not extend past the person's twenty-third birthday.4

SECTION 7. That Chapter 16, Title 16, Idaho Code, be, and the same is5 hereby amended by the addition thereto of a NEW SECTION, to be known and des-6 ignated as Section 16-1625A, Idaho Code, and to read as follows:7 16-1625A. SCHOOL OF ORIGIN HEARINGS. (1) Whenever a child is removed8 from the child's home by the department pursuant to this chapter, the de-9 partment shall immediately determine if it is in the best interests of the10 child to remain in the school of origin. There shall be a presumption that11 the school of origin is in the child's best interests. Parents have a right12 to choose the form of education for their children.13 (a) The department shall provide formal written notice of its deter-14 mination to the parties, including the child, parent, guardian, and15 guardian ad litem, no later than three (3) business days after the date16 on which the determination is made. The written notice shall include17 the factors that form the basis of the department's decision. Proof of18 service of such notice shall be filed with the court.19 (b) Any party may object to the department's determination no later20 than fourteen (14) days after receipt of such notice by filing the ob-21 jection with the court.22 (c) The child shall remain in the school of origin until the time for ob-23 jection has passed and until any dispute is resolved, except as provided24 in subsection (5) of this section.25 (d) The department shall bear the burden of proof that the school place-26 ment decision is in the child's best interests and, if the child is moved27 from the school of origin, why the department cannot make reasonable ac-28 commodations to keep the child in the school of origin.29 (2) The court, on its own accord or upon a formal objection from a party,30 shall hold an evidentiary hearing, at which:31 (a) The parent or guardian or guardian ad litem of the child may present32 evidence regarding how the child remaining in the school of origin is in33 the best interests of the child;34 (b) The child may provide testimony regarding whether the child be-35 lieves remaining in the school of origin is in the best interests of the36 child; and37 (c) The department may present evidence regarding how placement in a38 school other than the school of origin is in the best interests of the39 child.40 (3) At the conclusion of a hearing held pursuant to subsection (2) of41 this section, the court shall make a best interests determination regarding42 the school placement of the child and may order that the child remain in the43 child's school of origin or be moved from the child's school of origin.44 (4) A hearing requested pursuant to subsection (2) of this section45 shall be held within fourteen (14) days of the date of such request.46 (5) The provisions of this section shall not apply to a child who has47 been found to be without proper education due to a failure to comply with sec-48 tion 33-202, Idaho Code.49

23 (6) If at any time the department or the court determines that contin-1 ued placement in the school of origin will jeopardize the child's immediate2 physical safety, the department may immediately remove the child from the3 school and shall notify the child's attorney, parents, and guardian ad litem4 on the same business day. Any party may object to the decision to change the5 child's school placement no later than fourteen (14) days after receipt of6 such notice. If any party objects to the change in school placement, a hear-7 ing shall be held pursuant to subsection (2) of this section.8

SECTION 8. An emergency existing therefor, which emergency is hereby9 declared to exist, this act shall be in full force and effect on and after10 July 1, 2026.11