Idaho Code
Idaho Code § 16-1610 (2026)
Petition.
✓ current as of May 2026
Find cases:
SyfertCases citing this section
IClegislature.idaho.gov
Justiaon Justia
CornellLII Search
CasesGoogle Scholar
Petition.
(1) A petition invoking the jurisdiction of the court under this chapter shall be filed in the manner provided in this section:
(a) A petition must be signed by the prosecutor or deputy attorney general before being filed with the court.
(b) Any person or governmental body of this state having evidence of abuse, abandonment, neglect or homelessness of a child may request the attorney general or prosecuting attorney to file a petition. The prosecuting attorney or the attorney general may file a petition on behalf of any child whose parent, guardian, or custodian has been accused in a criminal complaint of the crime of cruel treatment or neglect as defined in section 18-1501, Idaho Code.
(2) Petitions shall be entitled "In the Matter of………….., a child under the age of eighteen (18) years" and shall be verified and set forth with specificity:
(a) The facts which bring the child within the jurisdiction of the court upon the grounds set forth in section 16-1603, Idaho Code, with the actions of each parent described therein;
(b) The name, birth date, sex, and residence address of the child;
(c) The name, birth date, sex, and residence address of all other children living at or having custodial visitation at the home where the injury to the subject child occurred;
(d) The names and residence addresses of both the mother and father, guardian or other custodian. If neither of his parents, guardian or other custodian resides or can be found within the state, or if their residence addresses are unknown, the name of any known adult relative residing within the state;
(e) The names and residence addresses of each person having sole or joint legal custody of the children described in this section;
(f) Whether or not there exists a legal document including, but not limited to, a divorce decree, stipulation or parenting agreement controlling the custodial status of the children described in this section;
(g) Whether the child is in shelter care, and, if so, the type and nature of the shelter care, the circumstances necessitating such care and the date and time he was placed in such care;
(h) When any of the facts required by this section cannot be determined, the petition shall so state. The petition may be based on information and belief but in such case the petition shall state the basis of such information and belief;
(i) If the child has been or will be removed from the home, the petition shall state that:
(i) Remaining in the home was contrary to the welfare of the child;
(ii) Vesting legal custody of the child in the department or other authorized agency is in the best interests of the child; and
(iii) Reasonable efforts have been made prior to the placement of the child in care to prevent the removal of the child from his home or, if such efforts were not provided, that reasonable efforts to prevent placement were not required because aggravated circumstances were found;
(j) The petition shall state with specificity whether a parent with joint legal custody or a noncustodial parent has been notified of placement;
(k) The petition shall state whether a court has adjudicated the custodial rights of the parents and shall set forth the custodial status of the child;
(l) The court may combine petitions and hearings where multiple petitions have been filed involving related children, parents or guardians.
Notes of Decisions
Cited in 14
cases (4 in the last 5 years), 1985–2025 · leading case: Merritt for Merritt v. State, 696 P.2d 871 (Idaho 1985).
Merritt for Merritt v. State, 696 P.2d 871 (Idaho 1985). “I.C. § 16-1610 sets forth the requisite disposition procedure when the evidence presented at an adjudicatory hearing demonstrates that a child comes within the purview of the CPA.”
In Re Doe, 9 P.3d 1226 (Idaho 2000). “See I.C. § 16-1610(a). If the court concludes that the child falls under the purview of the CPA, the court may either place the child under protective supervision in his or her own home, or vest legal custody in the Department or another agency.”
Idaho Dep't of Health & Welfare v. Hays, 46 P.3d 529 (Idaho 2002). “The legislation included an amendment to Idaho Code § 16-1610 (c) to add the following underlined wording: Upon such renewal [of a decree vesting legal custody of a child in the Department], the court shall expressly include in its order determination of the permanency plan for…”
Matter of Baby Boy Doe, 902 P.2d 477 (Idaho 1995). “" See I.C. § 16-1610(b)(2), I.C. § 16-1614. However, those statutes do not require proof "beyond a reasonable doubt.”
McCreery v. King, M.D., 535 P.3d 574 (Idaho 2023). “Canyon County Prosecuting Attorney Shari Dodge then signed a petition as required by Idaho Code section 16-1610(1), that required McCreery to take part in a CPA case.”
State v. Chilton, 736 P.2d 1277 (Idaho 1987). “(c) "Involuntary patient" shall mean an individual committed pursuant to sections 18-212, 18-214, 66-329 or 66-1201, Idaho Code, or committed pursuant to section 16-1610 or 16-1814, Idaho Code, and admitted to a facility for the treatment of minors.”
Roe v. State, 9 P.3d 1226 (Idaho 2000). “See I.C. § 16-1610(a). If the court concludes that the child falls under the purview of the CPA, the court may either place the child under protective supervision in his or her own home, or vest legal custody in the Department or another agency.”
State Dept. of Health & Welfare v. Doe, 160 P.3d 751 (Idaho 2007). “Doe did not complete three of the tasks in her case plan which required her to: (1) attend a parenting class and apply the knowledge she gained from the class in interaction with her child; (2) obtain substance abuse education tailored toward those who are family members of…”
Doe v. Roe, 902 P.2d 477 (Idaho 1995). “were provided but were not successful_” See I.C. § 16-1610(b)(2), I.C. § 16-1614. However, those statutes do not require proof “beyond a reasonable doubt.”
IDHW v. Jane Doe (2025-22) (Idaho Ct. App. 2025). “A petition invoking the magistrate court’s jurisdiction in a child protection case shall be filed in the manner described in I.C. § 16-1610. The petition must be signed by the prosecutor or deputy attorney general before being filed with the magistrate court.”
John Doe I & Jane Doe I v. John Doe (Idaho Ct. App. 2024). “I.C. § 16-1610(2)(a). The petition must include various information, including, “The facts which bring the child within the jurisdiction of the court upon the grounds set forth in section 16-1603, Idaho Code, with the actions of each parent described therein.”
IDHW v. Jane Doe (Idaho Ct. App. 2020). “I.C. § 16-1610(2)(i)(iii). Once a child is taken into shelter care, the magistrate court must conduct a hearing and make a determination regarding the Department’s reasonable efforts.”
— Idaho Code § 16-1610(1) — 2 cases
McCreery v. King, M.D., 535 P.3d 574 (Idaho 2023). “Canyon County Prosecuting Attorney Shari Dodge then signed a petition as required by Idaho Code section 16-1610(1), that required McCreery to take part in a CPA case.”
IDHW v. Jane Doe (2022-36) (Idaho 2023).
— Idaho Code § 16-1610(2)(a) — 1 case
John Doe I & Jane Doe I v. John Doe (Idaho Ct. App. 2024). “I.C. § 16-1610(2)(a). The petition must include various information, including, “The facts which bring the child within the jurisdiction of the court upon the grounds set forth in section 16-1603, Idaho Code, with the actions of each parent described therein.”
— Idaho Code § 16-1610(2)(i)(iii) — 2 cases
IDHW v. Jane Doe (2025-22) (Idaho Ct. App. 2025). “A petition invoking the magistrate court’s jurisdiction in a child protection case shall be filed in the manner described in I.C. § 16-1610. The petition must be signed by the prosecutor or deputy attorney general before being filed with the magistrate court.”
IDHW v. Jane Doe (Idaho Ct. App. 2020). “I.C. § 16-1610(2)(i)(iii). Once a child is taken into shelter care, the magistrate court must conduct a hearing and make a determination regarding the Department’s reasonable efforts.”
— Idaho Code § 16-1610(a) — 2 cases
In Re Doe, 9 P.3d 1226 (Idaho 2000). “See I.C. § 16-1610(a). If the court concludes that the child falls under the purview of the CPA, the court may either place the child under protective supervision in his or her own home, or vest legal custody in the Department or another agency.”
Roe v. State, 9 P.3d 1226 (Idaho 2000). “See I.C. § 16-1610(a). If the court concludes that the child falls under the purview of the CPA, the court may either place the child under protective supervision in his or her own home, or vest legal custody in the Department or another agency.”
— Idaho Code § 16-1610(b)(2) — 3 cases
Matter of Baby Boy Doe, 902 P.2d 477 (Idaho 1995). “" See I.C. § 16-1610(b)(2), I.C. § 16-1614. However, those statutes do not require proof "beyond a reasonable doubt.”
In Re Doe, 9 P.3d 1226 (Idaho 2000). “See I.C. § 16-1610(a). If the court concludes that the child falls under the purview of the CPA, the court may either place the child under protective supervision in his or her own home, or vest legal custody in the Department or another agency.”
Doe v. Roe, 902 P.2d 477 (Idaho 1995). “were provided but were not successful_” See I.C. § 16-1610(b)(2), I.C. § 16-1614. However, those statutes do not require proof “beyond a reasonable doubt.”
— Idaho Code § 16-1610(c) — 2 cases
In Re Doe, 9 P.3d 1226 (Idaho 2000). “See I.C. § 16-1610(a). If the court concludes that the child falls under the purview of the CPA, the court may either place the child under protective supervision in his or her own home, or vest legal custody in the Department or another agency.”
Roe v. State, 9 P.3d 1226 (Idaho 2000). “See I.C. § 16-1610(a). If the court concludes that the child falls under the purview of the CPA, the court may either place the child under protective supervision in his or her own home, or vest legal custody in the Department or another agency.”
— Idaho Code § 16-1610(i)(iii) — 1 case
IDHW v. Jane Doe (2025-22) (Idaho Ct. App. 2025). “A petition invoking the magistrate court’s jurisdiction in a child protection case shall be filed in the manner described in I.C. § 16-1610. The petition must be signed by the prosecutor or deputy attorney general before being filed with the magistrate court.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.