Idaho Code

Idaho Code § 16-1624 (2026)

Termination of parent-child relationship.

✓ current as of May 2026

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Termination of parent-child relationship.

(1) If the child has been placed in the legal custody of the department or under its protective supervision pursuant to section 16-1619, Idaho Code, the department may petition the court for termination of the parent and child relationship in accordance with chapter 20, title 16, Idaho Code. A petition to terminate parental rights shall be filed in the child protective act case.

(2) A petition to terminate parental rights shall be filed within thirty (30) days of an order approving a permanency plan with a permanency goal of termination of parental rights and adoption.

(3) Unless there are compelling reasons it would not be in the best interest of the child, the department shall be required to file a petition to terminate parental rights within thirty (30) days of a judicial determination that an infant has been abandoned or that reasonable efforts are not required because aggravated circumstances were present.

(4) The department shall join as a party to the petition if such a petition to terminate is filed by another party; as well as to concurrently identify, recruit, process and approve a qualified family for adoption unless it is determined that such actions would not be in the best interest of the child, or the child is placed with a fit and willing relative.

(5) If termination of parental rights is granted and the child is placed in the guardianship or legal custody of the department, the court, upon petition, shall conduct a hearing as to the future status of the child within twelve (12) months of the order of termination of parental rights, and every twelve (12) months subsequently until the child is adopted or is in a placement sanctioned by the court.

(6) The court may authorize the department to suspend further efforts to reunify the child with the child’s parent, pending further order of the court, when a petition to terminate parental rights has been filed with regard to the child.

Notes of Decisions

Cited in 12 cases (2 in the last 5 years), 2010–2024 · leading case: State, Dep't of Health & Welfare v. Doe, 387 P.3d 66 (Idaho 2016).

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State, Dep't of Health & Welfare v. Doe, 387 P.3d 66 (Idaho 2016). · cites it 20× “a petition for termination of the parent-child relationship may be filed in accordance with the provisions of I.C. § 16-1624 and Chapter 20, Title 16, of the Idaho Code.”

Idaho Dep't of Health & Welfare v. Jane Doe (In re Jane Doe), 436 P.3d 1232 (Idaho 2019). · cites it 4× “However, once the parent stipulated to the purview of the CPA and the court placed the child in the Department's legal custody, the Department was authorized to petition for termination under Idaho Code section 16-1624. Id. Thus, the question relevant to termination was whether…”

Idaho Dep't of Health & Welfare v. Doe, 260 P.3d 1169 (Idaho 2011). · cites it 4× “” Idaho Code § 16-1624 . After a CPA petition has been filed, the court must set an adjudicatory hearing to be held within thirty days, and if a preponderance of the evidence at the adjudicatory hearing shows that the child comes within the court’s jurisdiction under the CPA,…”

Idaho Dep't of Health & Welfare v. Doe, 232 P.3d 837 (Idaho Ct. App. 2010). · cites it 12× “I.C. § 16-1624. Thus, in those egregious cases, a petition for termination is to be filed within ninety days of the initial C.”

Idaho Dept. of Health & Welfare v. Doe, 260 P.3d 1169 (Idaho 2011). · cites it 4× “" Idaho Code § 16-1624 . After a CPA petition has been filed, the court must set an adjudicatory hearing to be held within thirty days, and if a preponderance of the evidence at the adjudicatory hearing shows that the child comes within the court's jurisdiction under the CPA,…”

IDHW v. Jane Doe (2022-36) (Idaho 2023). · cites it 8× “I.C. § 16-1624(1). Once the Department petitioned to terminate Mother's parental rights, the Department still had to prove the statutory basis for termination by clear and convincing evidence.”

RE: Parental Rights (Idaho Ct. App. 2014). · cites it 4× “” I.C. § 16-1624(1) (emphasis added). An erroneous aggravated circumstances finding would have no impact on the filing of a termination action in this case because the Department had the authority to file a petition for termination; 1 the termination action is a 1 The salient…”

H & W v. John Doe (2016-44) (Idaho Ct. App. 2017). · cites it 2× “See also I.C. § 16-1624. Here, the Department properly filed the termination petition after the children were in the Department’s legal custody.”

John Doe I & Jane Doe I v. John Doe (Idaho Ct. App. 2024). · cites it 2× “I.C. § 16-1624. Thus, prior to the trial court determining that termination of parental rights is in the best interests of the child(ren), there is a substantial period of time during which the parent(s) is on notice of the deficits in his parenting skills.”

DHW v. Jane Doe (Idaho 2019). · cites it 2× “Thus, her due process rights were protected. Accordingly, Mother fails to present a compelling argument for why a lack of immediate appellate recourse for a court’s determination of the Department’s reasonable efforts impacts her due process rights for termination of parental…”

In the Matter of Termination of Parent-Child Relationship (Idaho Ct. App. 2010). · cites it 2× “I.C. § 16-1624. Thus, in those egregious cases, a petition for termination is to be filed within ninety days of the initial C.”

— Idaho Code § 16-1624(1) — 6 cases

State, Dep't of Health & Welfare v. Doe, 387 P.3d 66 (Idaho 2016). “a petition for termination of the parent-child relationship may be filed in accordance with the provisions of I.C. § 16-1624 and Chapter 20, Title 16, of the Idaho Code.”

Idaho Dep't of Health & Welfare v. Jane Doe (In re Jane Doe), 436 P.3d 1232 (Idaho 2019). “However, once the parent stipulated to the purview of the CPA and the court placed the child in the Department's legal custody, the Department was authorized to petition for termination under Idaho Code section 16-1624. Id. Thus, the question relevant to termination was whether…”

IDHW v. Jane Doe (2022-36) (Idaho 2023). “I.C. § 16-1624(1). Once the Department petitioned to terminate Mother's parental rights, the Department still had to prove the statutory basis for termination by clear and convincing evidence.”

DHW v. Jane Doe (Idaho 2019). “Thus, her due process rights were protected. Accordingly, Mother fails to present a compelling argument for why a lack of immediate appellate recourse for a court’s determination of the Department’s reasonable efforts impacts her due process rights for termination of parental…”

RE: Parental Rights (Idaho Ct. App. 2014). “” I.C. § 16-1624(1) (emphasis added). An erroneous aggravated circumstances finding would have no impact on the filing of a termination action in this case because the Department had the authority to file a petition for termination; 1 the termination action is a 1 The salient…”

— Idaho Code § 16-1624(2) — 3 cases

— Idaho Code § 16-1624(3) — 1 case

— Idaho Code § 16-1624(6) — 1 case

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