Idaho Code § 16-1601

Policy.

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Policy.

The policy of the state of Idaho is hereby declared to be the establishment of a legal framework conducive to the judicial processing, including periodic review of child abuse, abandonment and neglect cases, and the protection of any child whose life, health or welfare is endangered. At all times, the health and safety of the child shall be the primary concern. Each child coming within the purview of this chapter shall receive, preferably in his own home, the care, guidance and control that will promote his welfare and the best interest of the state of Idaho, and if he is removed from the control of one (1) or more of his parents, guardian or other custodian, the state shall secure adequate care for him; provided, however, that the state of Idaho shall, to the fullest extent possible, seek to preserve, protect, enhance and reunite the family relationship. Nothing in this chapter shall be construed to allow discrimination on the basis of disability. This chapter seeks to coordinate efforts by state and local public agencies, in cooperation with private agencies and organizations, citizens’ groups, and concerned individuals, to:

(1) Preserve the privacy and unity of the family whenever possible;

(2) Take such actions as may be necessary and feasible to prevent the abuse, neglect, abandonment or homelessness of children;

(3) Take such actions as may be necessary to provide the child with permanency including concurrent planning;

(4) Clarify for the purposes of this act the rights and responsibilities of parents with joint legal or joint physical custody of children at risk; and

(5) Maintain sibling bonds by placing siblings in the same home when possible, and support or facilitate sibling visitation when not, unless such contact is not in the best interest of one (1) or more of the children.

Notes of Decisions

Cited in 70 cases (15 in the last 5 years), 1965–2026 · leading case: Tanner v. State, Department of Health & Welfare

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Tanner v. State, Department of Health & Welfare (1991) idaho · cites it 4× “He also argues that I.C. § 16-1601 and 42 U.S.C. § 671 (a)(15) require the State to make reasonable efforts to reunite the family before termination may be ordered.”

Nancy J. Shepherd v. John M. Shepherd (2016) idaho · cites it 4× “• Second, I.C. § 16-1601, et seq. allows the courts to enter adoption orders.”

Rees v. STATE, DEPT. OF HEALTH AND WELFARE (2006) idaho · cites it 6× “Rees argues the Idaho Child Protection Act (ICPA), I.C. § 16-1601 et seq., creates in the Department an affirmative duty to competently investigate reports of child abuse.”

Idaho Department of Health & Welfare v. Doe (2012) idahoctapp · cites it 2× “” Idaho Code § 16-1601 . Likewise, the Termination of Parent and Child Relationship Act states, “Implicit in this chapter is the philosophy that wherever possible family life should be strengthened and preserved_” I.”

Idaho Department of Health & Welfare v. Doe (2011) idahoctapp · cites it 4× “" Idaho Code § 16-1601 . Likewise, the Termination of Parent and Child Relationship Act states, "Implicit in this chapter is the philosophy that wherever possible family life should be strengthened and preserved.”

Merritt for Merritt v. State (1985) idaho · cites it 6× “"On March 3rd, 1980, Allan Koski, a Social Service Worker for the State of Idaho, Department of Health and Welfare, stationed in Sandpoint, Bonner County, Idaho, caused to be filed with the Court an Affidavit and Motion requesting an Order for temporary shelter care of Deborah…”

Idaho Department of Health & Welfare v. Doe (2010) idahoctapp · cites it 8× “entering custody and the Department filing a petition for terminationwould weigh against termination in view of the fundamental right at stake and the legislative policy, expressed in I.C. § 16-1601, that the Department, "to the fullest extent possible, [is to] seek to…”

Idaho Department of Health & Welfare v. Doe (2016) idaho · cites it 2× “” I.C. § 16-1601. In outlining the IDHWs .duty to prepare -a case plan, Idaho Code section 16-1621 (3)(c) requires that a case plan shall: Include a goal of reunification and a plan for achieving that goal.”

Revello v. Revello (1979) idaho · cites it 4× “See I.C. §§ 16-1601 1629. Also, the legislature has recognized the possibility of froward circumstance and provided for the interchange of custody from a parent to a nonparent by guardianship and adoption procedures.”

Idaho Department of Health & Welfare v. Doe (2012) idahoctapp · cites it 4× “After attempting, unsuccessfully, to locate Mother from April to May and determining that the children were being primarily cared for by their teenage aunt, the Department filed a petition under the Child Protective Act (CPA), I.C. §§ 16-1601 to 16-1637, requesting that the…”

Overman v. Klein (1982) idaho · cites it 4× “It is also related that the change of custody to the father was in conformance to the best interests and well-being of the children and that in the event such change of custody to the father was unsuccessful, the Department would seek to obtain custody under the Child Protective…”

Idaho Department of Health & Welfare v. Doe (2011) idaho · cites it 2× “Idaho Code § 16-1601 . Both the termination statute and the CPA seek to balance aims that are sometimes in conflict — such as the best interests of the child and family unity.”

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— Idaho Code § 16-1601(2) — 1 case

Spaulding v. Children's Home Finding & Aid Society of North Idaho, Inc. (1965) idaho

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