The bill amends the Idaho Child Protective Act to enhance the definitions and procedures related to child welfare, particularly focusing on the concept of "Order to prevent removal." This new provision allows a child to remain in their current environment if one parent or guardian is capable of providing a safe space, while the other is accused of neglect or abuse. The bill also removes existing provisions concerning emergency removals and protective orders, streamlining the legal process for addressing child abuse and neglect cases. It emphasizes the need for immediate implementation by declaring an emergency.

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. A hearing on the continuation of this order must occur within 48 hours, and if upheld, it remains effective until further court action. The bill also revises shelter care hearing procedures, ensuring parental notification and legal representation, while establishing criteria for determining a child's placement. It prioritizes the child's welfare and family unity in custody decisions and is set to take effect on July 1, 2025.

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