Idaho Code
Idaho Code § 16-2004 (2026)
Petition — Who may file.
✓ current as of May 2026
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Petition — Who may file.
A petition may be filed by:
a. Either parent when termination is sought with respect to the other parent.
b. The guardian of the person or the legal custodian of the child or person standing in loco parentis to the child.
c. An authorized agency.
d. Any other person possessing a legitimate interest in the matter.
Notes of Decisions
Cited in 13
cases (2 in the last 5 years), 1996–2024 · leading case: Jane Doe (2015-03) v. John Doe, 358 P.3d 77 (Idaho 2015).
Jane Doe (2015-03) v. John Doe, 358 P.3d 77 (Idaho 2015). “I.C. § 16-2004(a). Involuntary termination of parental rights may be ordered if the court finds by clear and convincing evidence that (1) at least one of the statutory justifications is present, and (2) termination is in the best interest of the child.”
Doe v. Roe, 127 P.3d 105 (Idaho 2005). “I.C. § 16-2004 states in pertinent part that a petition to terminate parental rights may be filed by: “[ejither parent when termination is sought with respect to the other parent” or “any other person possessing a legitimate interest in the matter.”
John Doe I v. John Doe II, 362 P.3d 536 (Idaho 2015). “Idaho Code section 16-2004 provides that a petition for the termination of parental rights may be filed by: (a) either parent when termination is sought with respect to the other parent; (b) the guardian of the person or the legal custodian of the child or person standing in…”
Idaho Dep't of Health & Welfare v. Doe, 260 P.3d 1169 (Idaho 2011). “I.C. § 16-2004. “Authorized agency” is defined as including “the department”, which is in turn defined as “the department of health and welfare.”
Craven v. Doe, 915 P.2d 720 (Idaho 1996). “In order to have standing to file a petition for termination of parental rights, a party must qualify under I.C. § 16-2004. Section 16-2004(b) provides that “a petition may be filed by the guardian of the person or the legal custodian of a child or person standing in loco…”
Termination of Parental Rights of John Doe (2014-25), 349 P.3d 1205 (Idaho 2015). “See I.C. § 16-2004 ("A petition may be filed by .”
Idaho Dept. of Health & Welfare v. Doe, 260 P.3d 1169 (Idaho 2011). “I.C. § 16-2004. "Authorized agency" is defined as including "the department", which is in turn defined as "the department of health and welfare.”
Jane Doe & John Doe 1 v. John Doe (Idaho Ct. App. 2024). “A private termination is an action initiated by an individual, rather than a public agency in a dependency action. Hofmeister, 110 Idaho at 963-64 , 719 P.”
John Doe I & Jane Doe I v. John Doe (Idaho Ct. App. 2024). “Idaho Code § 16-2004 permits various parties to file a petition to terminate another party’s parental rights.”
In the Matter of Terminating Parental Rights (father) (Idaho Ct. App. 2010). “Due to the couple’s 4 status as prospective adoptive parents acting in loco parentis, the Court held the couple had standing to file a petition for the termination of the biological parents’ rights to the child under I.C. § 16-2004. Craven, 128 Idaho at 493 , 915 P.”
Idaho Dep't of Health & Welfare v. Doe, 245 P.3d 506 (Idaho Ct. App. 2010). “Due to the couple’s status as prospective adoptive parents acting in loco parentis, the Court held the couple had standing to file a petition for the termination of the biological parents’ rights to the child under I.C. § 16-2004. Craven, 128 Idaho at 493 , 915 P.”
John Doe I v. Jane Doe (Idaho Ct. App. 2020). “2 Idaho Code § 16-2004 sets forth who can petition for termination as follows: A petition may be filed by: a.”
— Idaho Code § 16-2004(a) — 3 cases
Jane Doe (2015-03) v. John Doe, 358 P.3d 77 (Idaho 2015). “I.C. § 16-2004(a). Involuntary termination of parental rights may be ordered if the court finds by clear and convincing evidence that (1) at least one of the statutory justifications is present, and (2) termination is in the best interest of the child.”
Doe v. Roe, 127 P.3d 105 (Idaho 2005). “I.C. § 16-2004 states in pertinent part that a petition to terminate parental rights may be filed by: “[ejither parent when termination is sought with respect to the other parent” or “any other person possessing a legitimate interest in the matter.”
Jane Doe & John Doe 1 v. John Doe (Idaho Ct. App. 2024). “A private termination is an action initiated by an individual, rather than a public agency in a dependency action. Hofmeister, 110 Idaho at 963-64 , 719 P.”
— Idaho Code § 16-2004(b) — 1 case
Craven v. Doe, 915 P.2d 720 (Idaho 1996). “In order to have standing to file a petition for termination of parental rights, a party must qualify under I.C. § 16-2004. Section 16-2004(b) provides that “a petition may be filed by the guardian of the person or the legal custodian of a child or person standing in loco…”
— Idaho Code § 16-2004(d) — 1 case
John Doe I v. John Doe II, 362 P.3d 536 (Idaho 2015). “Idaho Code section 16-2004 provides that a petition for the termination of parental rights may be filed by: (a) either parent when termination is sought with respect to the other parent; (b) the guardian of the person or the legal custodian of the child or person standing in…”
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