Grounds for Termination of Parental Rights Idaho
Circumstances That Are Grounds for Termination
Abandonment or Extreme Parental Disinterest
Abuse/Neglect
Felony Conviction/Incarceration
Failure of Reasonable Efforts
Abuse/Neglect or Loss of Rights of Another Child
Sexual Abuse
Failure to Maintain Contact
Child's Best Interest
Felony assault of child or sibling
Murder/Manslaughter of sibling child
Circumstances That Are Not Grounds for Termination
Mental Illness or Deficiency
Alcohol or Drug Induced Incapacity
Failure to Provide Support
Failure to Establish Paternity
Child Judged in Need of Services/Dependent
Child in care 15 of 22 months (or less)
Idaho Code § 16-2005 (WESTLAW through Idaho 2003 Legis. Serv., Ch. 260)
The court may grant an order terminating the relationship where it finds one or more of the following conditions exist:
The parent has abandoned the child by having willfully failed to maintain a normal parental relationship, including but not limited to reasonable support or regular personal contact. Failure of the parent to maintain this relationship without just cause for a period of 1 year shall constitute prima facie evidence of abandonment. Provided further, that where termination is sought by a grandparent seeking to adopt the child, willful failure of the parent to maintain a normal parental relationship as provided herein, without just cause, for 6 months shall constitute prima facie evidence of abandonment;
The parent has neglected or abused the child. Neglect as used herein shall mean a situation in which the child lacks parental care necessary for his health, morals and well-being;
The presumptive parent is not the natural parent of the child;
The parent is unable to discharge parental responsibilities and such inability will continue for a prolonged indeterminate period and will be injurious to the health, morals or well-being of the child;
If termination is found to be in the best interest of the parent and child, where the petition has been filed by a parent or through an authorized agency, or interested party.
Where a consent to termination in the manner and form prescribed by this act has been filed by the parent(s) of the child in conjunction with a petition for adoption initiated by the person or persons proposing to adopt the child, or where the consent to termination has been filed by a licensed adoption agency, no subsequent hearing on the merits of the petition shall be held.
Unless a consent to termination signed by the parent(s) of the child has been filed by an adoption agency licensed in the State of Idaho, or unless the consent to termination was filed in conjunction with a petition for adoption of the child, the court shall hold a hearing.
The court may grant termination as to a parent:
Who caused the child to be conceived as a result of rape, incest, lewd conduct with a minor child under 16 years, or sexual abuse of a child under the age of 16 years;
Who murdered or intentionally killed the other parent of the child; or if the court determines the parent has been convicted of murder or voluntary manslaughter of another sibling of the child, or has aided, abetted, conspired or solicited to commit such murder or voluntary manslaughter and/or if the court determines the parent has been convicted of a felony assault or battery which resulted in serious bodily injury to the child or a sibling;
Who has been incarcerated and has no possibility of parole; or
If a court determines the child to be an abandoned infant.
There is a rebuttable presumption that termination of the parent-child relationship in any of the circumstances provided in this subsection is in the best interest of the child.
If the parent has a disability, the parent shall have the right to provide evidence to the court regarding the manner in which the use of adaptive equipment or supportive services will enable the parent to carry out the responsibilities of parenting the child. Nothing in this section shall be construed to create any new or additional obligation on State or local governments to purchase or provide adaptive equipment or supportive services for parents with disabilities.
