This bill amends Section 16-2005 of the Idaho Code, which outlines the conditions under which parental rights may be terminated. Key changes include the addition of a new condition for termination, allowing for the termination of parental rights if a parent has been incarcerated and is likely to remain incarcerated for a substantial period during the child's minority. The bill also clarifies that the court cannot terminate parental rights based on the child's immunization status and specifies that a consent to termination must be filed by the parent(s) or initiated by the department for children in its legal custody.

Additionally, the bill modifies the requirements for holding a hearing on termination cases. It stipulates that a hearing is not necessary if a consent to termination has been filed by the parent(s) in conjunction with an adoption petition or if the termination is initiated by the department for a child in its custody. The bill also emphasizes the rights of parents with disabilities to present evidence regarding their ability to fulfill parenting responsibilities with the aid of adaptive equipment or supportive services, without imposing new obligations on the state or local governments. An emergency clause is included, making the act effective on July 1, 2025.

Statutes affected:
Bill Text: 16-2005
Engrossment 1: 16-2005