High-Interest Proceedings

Child Protection Proceedings

Child Protection Cases
Two systems deal with child abuse--the child protection system of the Idaho Department of Health and Welfare, which operates pursuant to the Child Protective Act (Idaho Code §§ 16-1601 to 16-1637) and the criminal justice system, which prosecutes people accused of crimes involving child abuse. The Child Protective Act focuses on the protection of endangered children but encourages the preservation of family unity and privacy if possible. A child may be removed from the home and placed in foster care or some other setting or the alleged offender may be removed from the home.

The Child Protective Act
Under Idaho Code § 16-1619, most people are required to report suspected child abuse, neglect or abandonment to the Department of Health and Welfare. When the Department receives information that a child is being or has been abused, neglected or abandoned, it is required to investigate the report. A child may be removed from the home without a court order only by a police officer that determines that the child is in immediate danger if allowed to stay there.

A shelter care hearing must be scheduled within 48 hours of the child's removal, or 24 hours of the alleged offender's removal. At the hearing, the court will determine whether the child should remain in the care of the state or be allowed to return home, or if the alleged offender may return home. If the court allows the state to retain custody of the child or refuses to allow the alleged offender to return home, the judge will order a full adjudication hearing to determine if the child needs protection.

The court may appoint a guardian ad litem for the child, that is, a trained volunteer who will act as a special advocate for the child during the proceedings. At the adjudication hearing, the judge will determine a more permanent plan for the child, which may include remaining in foster care, returning to the home under certain conditions, or returning home with no restrictions.

In certain cases, the department may ask the court to terminate the parent-child relationship legally. Termination is a separate action that frees the child for adoption if approved by the court.

All CPA proceedings are confidential and exempt from disclosure by Idaho Court Administrative Rule 32(d)(7). The judge may allow a friend, counselor or supporter of the child to remain in court during the proceeding, particularly when the child testifies.

The Criminal Justice System
Idaho's laws concerning child abuse generally are found in Title 18 of the Idaho Code, along with other crimes. The county prosecutor may become involved in a case after receiving a report from the Department of Health and Welfare or local law enforcement. If the prosecutor decides to prosecute the alleged offender, the proceeding follows essentially the same course as outlined above for criminal proceedings. The issue of taking child testimony, however, makes these cases somewhat different from adult-on-adult crime prosecutions. Idaho law allows a child to testify via closed-circuit television or the child may have a friend with him or her when giving testimony. See Idaho Code § 19-3024A.

The judge may also, as a matter of discretion, order the courtroom closed to the public during a child's testimony.