STATE OF IDAHO JUDICIAL BRANCH
Supreme Court

Idaho Juvenile Rule 48. Termination of Parent Child Relationship (C.P.A.)

(a) At any time after the entry of a decree finding that the child is within the jurisdiction of the court under the C.P.A. a petition for termination of the parent child relationship may be filed in accordance with the provisions of I.C. § 16-1624 and Chapter 20, Title 16, of the Idaho Code.

(b) The petition to terminate parental rights shall be filed in the same case as the proceeding under the Child Protective Act, for purposes of judicial administration only.  All appointments of attorneys and guardians ad litem in the proceeding under the Child Protective Act shall remain in effect for purposes of proceedings on the petition to terminate, unless otherwise ordered by the court.  

(c) The petition to terminate parental rights shall be assigned to the same magistrate as the proceeding under the Child Protective Act and such magistrate shall retain responsibility for the case until its conclusion. A different magistrate shall only be assigned when:  (1) the judge who presided over the case no longer holds the same judicial office that the judge held at case initiation; or (2) other extraordinary circumstances exist, such as the judge’s disqualification, death, illness, or other disability.

(d) The petitioner must serve process in accordance with the statute governing termination of parental rights, set forth at Chapter 20, Title 16, Idaho Code.  

(e) At trial on the petition to terminate parental rights, the petitioner must meet its burden of proof through evidence admissible pursuant to the Idaho Rules of Evidence;  no part of the court's record in the proceeding under the Child Protective Act may be used for purposes of meeting the petitioner's burden of proof in the trial on the petition to terminate parental rights, unless the part offered is admissible under the Idaho Rules of Evidence, or unless the parties stipulate to its admission.  

(Revised Rule 48 - adopted August 21, 2006; amended November 5, 2020, effective January 1, 2021.)