Court Hearings in Idaho and Washington
Court Hearings in Idaho
Idaho / TimelineShelter Careis the initial hearing in a child protection case and must be held within 48 hours of a child entering foster care. It is at this hearing that the State must prove its case and justify the reasons a child will be brought into the child protection system. There will be two questions decided at this hearing: 1) whether there was reasonable cause for the child to be brought under the court’s jurisdiction, and 2) and if there is reasonable cause, the court must then determine whether it is in the child’s best interests to remain in or be placed in temporary shelter care pending the adjudicatory hearing. The GAL’s presence is requested at this hearing, but no further assistance is sought from the GAL at this hearing. / Within forty-eight (48) hours of a child entering foster care
Pre-trial Conference occurs a few days before the adjudicatory hearing. Children and Family Services as well as the Guardian ad Litem must have their reports ready and distributed to all the parties before this conference. The adjudicatory report should be done one day prior to the pre-trial conference. / Three (3) to five (5) before the adjudicatory hearing
Adjudicatory Hearingfollows the pre-trial conference. The adjudicatory hearing is a decision making hearing and the judge will decide if the child is abandoned, abused, neglected, homeless, lacks a stable home environment, or is a sibling of such a child. The second phase requires the judge to determine if the child should be placed in the legal custody of Idaho Department of Health and Welfare (IDHW) or in the child’s own home under IDHW supervision (protective supervision).The report filed for the pre-trial conference will be used at this hearing. Volunteer attendance is encouraged at this and all subsequent hearings if at all possible. / No more than thirty (30) days after the shelter care hearing and/or the petition being filed with the court
Case Plan Hearing is scheduled within thirty (30) days of the adjudicatory hearing. The social worker will supply the court with a copy of the case plan. The case plan should be case specific in order to GALs do not typically write a report for this hearing, unless there are specific items they wish added to the case plan. The case plan hearing must be held within 5 days of the case plan filing with the court. / Within sixty (60) days of the child being removed from his/her home or thirty (30) days of the shelter care hearing, whichever comes first
Review Hearings: are scheduled every six (6) months after the case plan hearing. Review hearings GAL reports must be filed at least five days before the scheduled hearing date. / Six (6) months after the case plan hearing
Permanency Hearings are held after the case has been open 12 months. At this hearing, the Department and the GAL will identify what the permanent living situation/home for the childwill be (i.e. return home to a parent, adoption, long-term foster care, or guardianship). / Twelve (12) months after the shelter care hearing
Termination Hearings are held after the termination petition is filed. If a child has been in foster care 15 out of the last 22 months a termination petition will be filed unlessthe court finds that filing is not in the best interests of the child, reasonable efforts have not been made to reunite the child with his/her family, or the child has been place permanently with a relative. / Termination petitions will be filed at the time a child has been in foster care for 15 out of the last 22 months.
* The Idaho Child Protection Info is available online (Google Idaho CPA Manual)
Reports will be distributed to all parties - the judge, defense attorneys for parents, the prosecuting attorney, the attorney for the child, and the attorney for the GAL. The social worker on the case will also be provided a report. / All reports must be submitted to the court at least five (5) days before the hearing.