Idaho Code
Idaho Code

Idaho Code § 16-2009 (2026)

Hearing. 

✓ current as of May 2026
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Hearing. 

(1) Cases under this act shall be heard by the court without a jury. The hearing may be conducted in an informal manner and may be adjourned from time to time. Stenographic notes or mechanical recording of the hearing shall be required. The general public shall be excluded and only such persons admitted whose presence is requested by any person entitled to notice under the provisions of section 16-2007, Idaho Code, or as the judge shall find to have a direct interest in the case or in the work of the court; provided that persons so admitted shall not disclose any information secured at the hearing which would identify an individual child or parent. The court may require the presence of witnesses deemed necessary to the disposition of the petition, except that a parent who has executed a waiver pursuant to section 16-2007, Idaho Code, shall not be required to appear at the hearing.

(2)  The parent or guardian ad litem shall be notified as soon as practicable after the filing of a petition and prior to the start of a hearing of his right to have counsel and, if counsel is requested and the parent or guardian is financially unable to employ counsel, counsel shall be provided only if such representation is constitutionally required. The prosecuting attorneys of the several counties shall represent the department at all stages of the hearing.
(3)  The court’s finding with respect to grounds for termination shall be based upon clear and convincing evidence under rules applicable to the trial of civil causes, provided that relevant and material information of any nature, including that contained in reports, studies or examinations, may be admitted and relied upon to the extent of its probative value. When information contained in a report, study or examination is admitted in evidence, the person making such report, study or examination shall be subject to both direct and cross-examination.
Notes of Decisions
Cited in 290 cases (123 in the last 5 years), 1970–2026 · leading case: Tanner v. State, Dep't of Health & Welfare, 818 P.2d 310 (Idaho 1991).
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Tanner v. State, Dep't of Health & Welfare, 818 P.2d 310 (Idaho 1991). · cites it 12× “Idaho Code § 16-2009 , unlike the deficient New York statutory standard in Santosky v.”
Idaho Dep't of Health & Welfare v. Doe, 249 P.3d 362 (Idaho 2011). · cites it 12× “Idaho Code § 16-2009 provides the right to appointed counsel in terminations of parental rights.”
Idaho Dep't of Health & Welfare v. Doe, 277 P.3d 400 (Idaho Ct. App. 2012). · cites it 4× “See also I.C. § 16-2009; Doe, 146 Idaho at 761-62 , 203 P.”
Idaho Dep't of Health & Welfare v. Doe, 389 P.3d 141 (Idaho 2016). · cites it 4× “3d 1262 , 1264–65 (2014); see also I.C. § 16-2009. “Clear and convincing evidence is evidence that indicates the thing to be proved is highly probable or reasonably certain.”
DHW v. John Doe, 450 P.3d 323 (Idaho Ct. App. 2019). · cites it 16× “Doe’s attorney objected to the admission of the report of investigation as hearsay. The court responded that the objection was valid but “the legislature has determined and stated that this Court may admit any report, study or examination and rely upon it to the extent of its…”
Idaho Dep't of Health & Welfare v. Doe, 390 P.3d 1281 (Idaho 2017). · cites it 4× “In relevant part, the magistrate’s order provides: The court finds by clear and convincing evidence, pursuant to Idaho Code § 16-2009 , that the termination of the parent-child relationship between the Mother and the children, (a) is in the best interests of said children and…”
Idaho Dep't of Health & Welfare v. Jane Doe (In re Doe I), 437 P.3d 33 (Idaho 2019). · cites it 4× “" I.C. § 16-2009 (emphasis added). Since an official transcript was created by a court reporter, we hold that this requirement was achieved here.”
Idaho Dep't of Health & Welfare v. Doe (In Re Interest of Doe), 426 P.3d 1243 (Idaho 2018). · cites it 2× “I.C. § 16-2009. In an action to terminate parental rights, where the trial court has explicitly determined the case by application of the clear and convincing evidentiary standard, this Court must determine if the decision was supported by substantial and competent evidence.”
Roe v. Doe, 141 P.3d 1057 (Idaho 2006). · cites it 2× “2d 492, 495 (1988); I.C. § 16-2009. Clear and convincing evidence is generally understood to be “[e]vidence indicating that the thing to be proved is highly probable or reasonably certain.”
Doe v. State, 53 P.3d 341 (Idaho 2002). · cites it 2× “I.C. § 16-2009. This Court will not disturb the trial court’s findings so long as it they are based on substantial competent evidence.”
In Interest of Bush, 749 P.2d 492 (Idaho 1988). · cites it 6× “Idaho Code § 16-2009 (Supp.1987) reads in pertinent part: The court’s finding with respect to grounds for termination shall be based upon clear and convincing evidence under rules applicable to the trial of civil causes, provided that relevant and material information of any…”
Rhodes v. State, Dept. of Health & Welfare, 695 P.2d 1259 (Idaho 1985). · cites it 8× “Idaho Code § 16-2009 , as amended in 1983, provides in part: The court's finding with respect to grounds for termination shall be based upon clear and convincing evidence under rules applicable to the trial of civil causes, provided that relevant and material information of any…”
Show all 290 citing cases →
— Idaho Code § 16-2009(2) — 1 case
Jane Doe v. John Doe (2025-33) (Idaho 2026).
— Idaho Code § 16-2009(3) — 2 cases
Jane Doe v. John Doe (2025-33) (Idaho 2026).
State of Idaho, Dep't of Health & Welfare v. John Doe (2026-06) (Idaho Ct. App. 2026).
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