The bill amends the Idaho Child Protective Act to update definitions and streamline child protection procedures. A significant addition is the definition of "Order to prevent removal," which allows a child to remain 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 emergency removals and protective orders, simplifying the legal process for child custody and protection. This aims to enhance clarity and efficiency while prioritizing the safety and welfare of children and the rights of parents involved in custody disputes.

Additionally, the bill allows 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 orders that exclude the alleged offending parent from the residence. It establishes a process for shelter care hearings, ensuring parents are notified and have legal representation, and sets criteria for determining a child's shelter care status. The adjudicatory hearing process is revised to mandate hearings within thirty days of filing a petition, and it emphasizes the child's best interests, including educational stability and sibling relationships. The bill also includes provisions for recognizing the child's status as an Indian child and verifying tribal membership, thereby enhancing the legal framework surrounding child welfare and custody in Idaho.

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