The bill amends the Idaho Child Protective Act to enhance child welfare procedures and definitions. A significant addition is the new definition of "Order to prevent removal," which allows a child to stay with one parent or guardian if there is reasonable cause to believe they are safe, despite allegations of neglect or abuse by the other parent. The bill also removes provisions related to the emergency removal of children and protective orders, streamlining the legal process for custody cases. Specifically, it eliminates the ability to remove an alleged offender from the victim's home without a court order and deletes the definition of "protective order."

Additionally, the bill empowers prosecutors or the attorney general to file motions to prevent a child's removal from their home under certain conditions, requiring the court to issue an order that excludes the alleged offending parent and limits their contact with the child. A hearing must occur within 48 hours to determine the continuation of this order. The bill also revises shelter care hearing procedures, ensuring parents are notified and have legal representation, while establishing criteria for determining a child's placement. Overall, the amendments aim to clarify the legal framework surrounding child protection, focusing on the child's safety and well-being, with the act set to take effect on July 1, 2025.

Statutes affected:
Bill Text: 16-1602, 16-1608, 16-1611, 16-1615, 16-1619