Idaho Code
Idaho Code § 16-1604 (2026)
Retention of jurisdiction.
✓ current as of May 2026
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Retention of jurisdiction.
(1) Jurisdiction obtained by the court under this chapter shall be retained until the child’s eighteenth birthday, unless terminated prior thereto or extended by the court pursuant to section 16-1622(5), Idaho Code. Jurisdiction of the court shall not be terminated by an order of termination of parental rights if guardianship and/or custody of the child is placed with the department of health and welfare.
(2) The parties have an ongoing duty to inquire concerning, and inform the court as soon as possible about, any other pending actions or current orders involving the child. In the event there are conflicting orders from Idaho courts concerning the child, the child protection order is controlling.
Notes of Decisions
Cited in 7
cases (1 in the last 5 years), 1991–2021 · leading case: Idaho Dep't of Health & Welfare v. Jane Doe (In re Jane Doe), 436 P.3d 1232 (Idaho 2019).
Idaho Dep't of Health & Welfare v. Jane Doe (In re Jane Doe), 436 P.3d 1232 (Idaho 2019). “The court concluded that Idaho Code sections 16-1604 and 16-1629(8) give the Department the power and right to determine where and with whom the children reside.”
State v. Powell, 819 P.2d 561 (Idaho 1991). “NOTES [1] Although the court retains jurisdiction under the CPA until the child reaches the age of eighteen, I.C. § 16-1604, a final decision about the placement of the child is made after a CPA hearing is held.”
Termination of Parental Rights of John Doe (2014-25), 349 P.3d 1205 (Idaho 2015). “” I.C. § 16-1604 (1948). Under this chapter, courts could enter an “[o]rder for commitment,” which caused the child to be taken from its parents and placed in the guardianship of another person until: (1) good cause was shown that the child should be returned to its parents; (2)…”
IDHW v. John Doe (Idaho 2021). “” I.C. § 16-1604(2) (italics added). The Idaho CPA does not contain a provision regarding interstate child custody orders.”
In the Matter of Terminating Parental Rights (father) (Idaho Ct. App. 2010). “Therefore, he argues, I.C. § 16-1604(2) deprived him of the opportunity to defend his custody rights under a prior custody order.”
Idaho Dep't of Health & Welfare v. Doe, 245 P.3d 506 (Idaho Ct. App. 2010). “Therefore, he argues, I.C. § 16-1604(2) deprived him of the opportunity to defend his custody rights under a prior custody order.”
DHW v. Jane Doe (Idaho 2019). “The court concluded that Idaho Code sections 16-1604 and 16-1629(8) give the Department the power and right to determine where and with whom the children reside.”
— Idaho Code § 16-1604(2) — 3 cases
IDHW v. John Doe (Idaho 2021). “” I.C. § 16-1604(2) (italics added). The Idaho CPA does not contain a provision regarding interstate child custody orders.”
In the Matter of Terminating Parental Rights (father) (Idaho Ct. App. 2010). “Therefore, he argues, I.C. § 16-1604(2) deprived him of the opportunity to defend his custody rights under a prior custody order.”
Idaho Dep't of Health & Welfare v. Doe, 245 P.3d 506 (Idaho Ct. App. 2010). “Therefore, he argues, I.C. § 16-1604(2) deprived him of the opportunity to defend his custody rights under a prior custody order.”
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