Idaho Code

Idaho Code § 16-1625 (2026)

Appeal — Effect on custody.

✓ current as of May 2026

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Appeal — Effect on custody.

(1) An aggrieved party may appeal the following orders or decrees of the court to the district court, or may seek a direct permissive appeal to the supreme court as provided by rules adopted by the supreme court:

(a) An adjudicatory decree entered pursuant to section 16-1619, Idaho Code;

(b) Any order subsequent to the adjudicatory decree that vests legal custody of the child in the department or other authorized agency;

(c) Any order subsequent to the adjudicatory decree that authorizes or mandates the department to cease reasonable efforts to make it possible to return the child to his home, including an order finding aggravated circumstances; or

(d) An order of dismissal.

(2) Where the order affects the custody of a child, the appeal shall be heard at the earliest practicable time. The pendency of an appeal shall not suspend the order of the court regarding a child, and it shall not discharge the child from the legal custody of the authorized agency to whose care he has been committed, unless otherwise ordered by the district court. No bond or undertaking shall be required of any party appealing to the district court under the provisions of this section. Any final order or judgment of the district court shall be appealable to the supreme court of the state of Idaho in the same manner as appeals in other civil actions. The filing of the notice of appeal shall not, unless otherwise ordered, stay the order of the district court.

Notes of Decisions

Cited in 22 cases (13 in the last 5 years), 1966–2026 · leading case: Re: Thermination of Parental Rights (mother), 320 P.3d 1262 (Idaho 2014).

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Re: Thermination of Parental Rights (mother), 320 P.3d 1262 (Idaho 2014). · cites it 4× “Idaho Code § 16-1625 (1) provides: An aggrieved party may appeal the following orders or decrees of the court to the district court, or may seek a direct permissive appeal to the supreme court as provided by rules adopted by the supreme court: (a) An adjudicatory decree entered…”

Clark v. Jelinek, 414 P.2d 892 (Idaho 1966). · cites it 14× “321) only, for the definitions contained in I.C. § 16-1625 are all prefaced by the term "As used in this act".”

Rees v. State, Dept. of Health & Welfare, 137 P.3d 397 (Idaho 2006). · cites it 2× “” I.C. § 16-1625 (2003) (now codified at I.”

Idaho Dep't of Health & Welfare v. Doe, 318 P.3d 886 (Idaho 2014). · cites it 2× “See I.C. §§ 16-1625; 16-2014; 16-1512. Rather, the order approving the Consent was an interlocutory order subject to review on appeal from the judgment terminating Doe’s parental rights.”

Ewing v. Gordon, 529 P.2d 1296 (Idaho 1974). · cites it 4× “I.C. § 16-1625 (i). See also Clark v. Jelenik, supra.”

State v. Claxton, 918 P.2d 1227 (Idaho Ct. App. 1996). · cites it 2× “In October 1986, Claxton, his wife and his step-daughter entered into an agreement with the state and the Department of Health and Welfare, pursuant to I.C. § 16-1625 of the Child Protective Act (the Agreement).”

IDHW v. Jane Doe (2022-36) (Idaho 2023). · cites it 42× “action specified in I.C. § 16-1625. A party may also seek a permissive appeal to the Supreme Court pursuant to Idaho Appellate Rule 12.”

IDHW v. Jane & John Doe (Idaho 2024). · cites it 26× “In response, IDHW contends that this Court lacks appellate jurisdiction to address the propriety of the shelter care order because it is not an enumerated appealable order or decree under Idaho Code section 16-1625.”

IDHW v. Jane Doe (Idaho Ct. App. 2022). · cites it 22× “” Idaho Code § 16-1625 (1) sets forth this right and provides, in part, that an aggrieved party may appeal “[a]n adjudicatory decree,” “[a]ny order subsequent to the 5 adjudicatory decree that vests legal custody of the child in the department,” or “[a]ny order subsequent to the…”

IDHW v. John Doe (Idaho 2023). · cites it 8× “See I.C. § 16-1625. As a result, we accept Father’s appeal and consider the merits.”

IDHW v. Jane Doe (Idaho Ct. App. 2024). · cites it 6× “hearing order; (2) ruling it lacked jurisdiction to review the magistrate court’s determination that it had exclusive authority over adoption; (3) affirming the magistrate court’s determination that it need not consider Doe’s consent relative to the permanency order; (4) finding…”

State of Idaho, Dep't of Health & Welfare v. John Doe (2026-06) (Idaho Ct. App. 2026). · cites it 6× “” Idaho Code § 16-1625 (1) sets forth this right and provides, in part, that an aggrieved party may appeal “[a]n adjudicatory decree,” “[a]ny order subsequent to the adjudicatory decree that vests legal custody of the child in the department,” or “[a]ny order subsequent to the…”

Show all 22 citing cases →

— Idaho Code § 16-1625(1) — 8 cases

IDHW v. Jane Doe (Idaho Ct. App. 2022). “” Idaho Code § 16-1625 (1) sets forth this right and provides, in part, that an aggrieved party may appeal “[a]n adjudicatory decree,” “[a]ny order subsequent to the 5 adjudicatory decree that vests legal custody of the child in the department,” or “[a]ny order subsequent to the…”