Idaho Juvenile Rules

The scope and purpose of the Idaho Juvenile Rules is to govern the procedure in the district courts and the magistrates division thereof in the state of Idaho in all actions and proceedings under the Child Protective Act contained in Chapter 16 of Title 16, Idaho Code, hereinafter referred to as the "C.P.A.," and all actions and proceedings arising under the Juvenile Corrections Act contained in Chapter 5 of Title 20, Idaho Code, hereinafter referred to as the "J.C.A."

The scope and duration of jurisdiction over a juvenile under the J.C.A. shall be as set forth in Chapter 5 of Title 20, Idaho Code. 

(a)  In the event a juvenile is not in custody and upon the filing of a petition alleging said juvenile comes within the purview of the J.C.A. for an act which would constitute a criminal offense if committed by an adult, the clerk, unless otherwise directed by the court, shall schedule an admit/deny hearing in the case under I.J.R. 6. 

(b)  Upon scheduling the admit/deny hearing, the clerk or the court shall issue a summons as described in these rules requiring the person or persons who have physical care, custody, or control of the juvenile to appear personally and bring the juvenile before the court for the admit/deny hearing at the time and place stated therein which shall not be more than fifteen (15) days after issuance of the summons, unless extended by court order for cause shown. If the person so summoned is not the parent(s), guardian, or custodian of the juvenile, a summons or notice shall also be issued by the clerk of the court to the parent(s), guardian, or custodian requiring appearance at the admit/deny hearing. If the juvenile charged in the petition has reached 18 years of age, the summons shall require the appearance at the admit/deny hearing of the juvenile only, unless otherwise ordered by the court. 

(c)  A  subpoena may be issued requiring the appearance of any person whose presence is required by the juvenile, the guardian, or any other person whose presence, in the opinion of the court, is necessary. A summons or subpoena may be issued to such persons who include witnesses or anyone who may be a possible resource for the care and treatment of the juvenile, including persons whom the juvenile or family wishes to have present. A party shall be entitled to the issuance of compulsive process for the attendance of witnesses. 

(d)  In the event it appears to the court that a juvenile is in such condition or surroundings that the juvenile's welfare is endangered, the court may order, by endorsement upon the summons, that the officer serving same take the juvenile immediately into custody and bring said juvenile before the court for safekeeping. By such action, the provisions of the Child Protective Act are automatically invoked pursuant to I.C. Section 20-520(m) and I.J.R. 16. 

(a) Title; Form of the Petition. A petition under the Juvenile Corrections Act, title 20, chapter 5, Idaho Code, (J.C.A.) and all court documents filed in the case must be titled “In the interest of [name of juvenile], a juvenile under (eighteen) 18 years of age.” The petition may be made upon information and belief, and must include the following, or state if any of the facts are not known by the petitioner, under oath:

(1) the alleged facts which may bring the juvenile within the purview of the J.C.A.;

(2) the name, age, and residence of the juvenile; and

(3) the names and residences of the following:

(i) his parents and spouse;

(ii) his legal guardian;

(iii) the person or persons having custody or control of the juvenile; or

(iv) the nearest known relative if no parent or guardian can be found.

(4) the petition must inform the juvenile, the parents, legal guardian or other person legally obligated to care for and support the juvenile that service of the petition subjects them to the provisions of the J.C.A.

(b) Amendment of Petition. If no additional or different offense is charged and substantial rights of the juvenile are not prejudiced, the court may permit amendment of a petition at any time before the prosecution rests their case.

(Adopted November 6, 2025, effective January 1, 2026.)

(a)  Service of a summons shall be made personally by delivery of an attested copy of the summons, with a copy of the petition attached, to the juvenile. Personal service shall be made upon the parent(s), guardian, or custodian of the juvenile if reasonably practicable. If a juvenile is in the legal custody or guardianship of an agency or person other than the parent(s), service shall also be made by delivering to the legal custodian a copy of the summons with a copy of the petition attached. 

(b)  If the court determines that personal service is impracticable, the court may order service by certified mail. Service by certified mail shall require a signed receipt by the addressee. Service is complete upon return to the court of the signed receipt. 

(c)  Service of process shall be completed at least 48 hours before the time fixed in the summons for the hearing. If not, a continuance shall be granted upon request of any party not so served. 

(d)  Except as otherwise provided by these rules or statutes, service of process and proof of service shall be made by the methods provided in Rule 4 of the Idaho Rules of Civil Procedure. Service of process shall be made by the sheriff of the county where the service is to be made, or by a deputy, or any other peace officer or other suitable person appointed by the court. 

(e)  A return must be made on any summons served by a sheriff, peace officer, or court marshal by certificate of the officer, pursuant to Idaho Rule of Civil Procedure 4(g)(1), that such service has been made. Service of a summons by any other person shall be returned by affidavit of service in accordance with Rule 4(g)(2) of the Idaho Rules of Civil Procedure. 

(f)  No service of summons or process shall be required concerning any person who appears voluntarily or files a written waiver of service with the clerk prior to, or upon, appearance at the hearing. 

(a) The admit/deny hearing on a petition filed under the J.C.A., other than detention hearings, shall be designated as the admit/deny hearing and is in the nature of an arraignment in an adult criminal proceeding.  At this hearing the court shall also determine the confidentiality status of juvenile case records and proceedings pursuant to Rule 52, I.J.R., and Rule 32(d)(7), I.C.A.R.

(b)  The admit/deny hearing may be held before the scheduled date set forth in the summons or notice of hearing upon written waiver, or oral waiver on the record, by all parties of the right to notice of the hearing. Whenever practicable and without violation of the juvenile's right to due process of law, the court should combine the admit/deny hearing with the initial detention hearing in the interest of judicial economy. The court may review and reconsider the detention status of the juvenile at the admit/deny hearing. 

(c) The admit/deny hearing in its entirety shall be placed upon the record.  At the hearing, the general public shall be admitted only after the court makes a determination under paragraph (a) above.  Persons having a direct interest in the case or who work for the court may be permitted to attend subject to the provisions of I.J.R. 52.  The juvenile may waive the exclusion of any person not otherwise entitled to be present in court.  The presence of the juvenile is required at the hearing, unless the juvenile is represented by counsel in attendance throughout the hearing and good cause is shown that the juvenile's absence is in the best interest of the juvenile.

(d)  Each party shall be given a copy of the petition at, or before, the admit/deny hearing. At the hearing, the court shall inform the juvenile and the juvenile's parent(s), guardian, or custodian: 

(1)  Of their right to further time, unless waived, if service was not accomplished as provided in I.J.R. 5; 

(2)  Of the nature and elements of each allegation contained in the petition; 

(3)  Of their right to retain counsel pursuant to these rules, or if indigent, to have counsel appointed by the court; 

(4)  Of their right to a reasonable time to consult with counsel before entering a plea; 

(5)  Of the potential consequences to admission of the alleged offense; 

(6)  Of the juvenile's right against self-incrimination; and 

(7)  Of the state's burden to prove the allegations of the petition beyond a reasonable doubt at the evidentiary hearing before the court. 

(e)  After advising the juvenile in the manner set forth in paragraph (d) and ascertaining that all necessary parties are present, the court shall call upon the juvenile to admit or deny the allegations. 

(1)  A juvenile may tender a denial or admission of the alleged offense in the absence of the juvenile's parent(s), guardian, or custodian. If the juvenile declines to plead, the court shall enter a denial. 

(2)  The juvenile, or counsel on behalf of the juvenile, may enter a written admission on any charge which would be a misdemeanor if committed by an adult, provided the written admission, and a properly documented waiver of rights in conformance with paragraph (f), are signed and acknowledged by the juvenile and the parent(s), guardian, or custodian. A denial of any charge may be entered in the absence of the juvenile or the parent(s), guardian, or custodian. 

(f)  The court may accept an admission upon finding: 

(1)  That the right to counsel has been knowingly waived if the juvenile is not represented by counsel; 

(2)  That the admission is knowingly and voluntarily made; 

(3)  That the juvenile and parent(s), guardian, or custodian have been advised of, and knowingly waived, the juvenile's right against compulsory self-incrimination, the right to a trial, the right to confront and cross-examine opposing witnesses, the right to testify, and the right to have process for the attendance of witnesses; 

(4)  That the juvenile and parent(s), guardian, or custodian have been advised of the consequences which may be imposed after acceptance of the admission of guilt; 

(5)  That there is a factual basis for the plea, or the plea is being entered without factual basis to take advantage of a plea bargain; and 

(6)  Where applicable, the provisions of paragraph (i) have been met. 

(g)  The juvenile may be allowed to tender an admission to a lesser included offense, or an offense of a lesser degree, or a different offense, which the court may enter after amending the petition. 

(h)  In the event the juvenile is represented by counsel and no objection is interposed, the court may eliminate the admit/deny hearing in the interest of judicial economy, enter denials to the pending charges, and set the matter pursuant to paragraph (k). 

(i)  The prosecuting attorney may enter into discussions and reach a proposed plea agreement in conformity with Rule 11 of the Idaho Criminal Rules directly with the juvenile if the juvenile is not represented by counsel. However, the prosecuting attorney may not enter settlement negotiations with a juvenile not represented by counsel unless the parent(s), guardian, or custodian is advised of the discussion and given the opportunity to be present. 

(j)  In the event the court accepts the admission by the juvenile to the allegations of the petition, it may proceed to informal adjustment pursuant to I.J.R. 11 or schedule the sentencing hearing, and request the preparation of the report on the juvenile by the appropriate entity required pursuant to I.C. Section 20-520(1), unless waived by all parties and approved by the court. A sentencing hearing may immediately follow an admit/deny hearing if the court has had an opportunity to consider and review the report required in Section 20-520(1) following an admission to the allegations by the juvenile or has received a written waiver from the juvenile, allowing the court to read the report prior to the admit/deny hearing. 

(k)  If a denial to a petition is entered, the court shall set the matter for evidentiary hearing (trial), and may set a pretrial conference. Such evidentiary hearing may immediately follow entry of a denial with the consent of the juvenile, defense counsel, and the prosecuting attorney, or may otherwise be set for hearing at a later date pursuant to notice of hearing to all parties in open court on the record, or by written notice of hearing thereafter served upon the parties. 

 (l)  Once a case is assigned to a magistrate at the admit/deny hearing, the magistrate retains responsibility for the case until case closure and all subsequent cases involving the same juvenile will be assigned to the same magistrate. 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. 

(Amended June 25, 1997, effective July 1, 1997; amended November 5, 2020, effective January 1, 2021.)   

(a)  A peace officer may take a juvenile into custody and shall take the juvenile forthwith to the court or to a place of detention without an order of the court pursuant to I.C. Section 20-516. However, at the time of detention, or at any other time prior to a detention hearing by the court, the officer shall, unless it appears to the officer that it is contrary to the welfare of society or the welfare of the juvenile, release such juvenile to the custody of the parent(s) or other responsible adult upon written promise, signed by such person, to bring the juvenile to the court at a stated time as prescribed by general or specific order of the court. 

(b)  In the event the court has determined by a showing of probable cause through sworn affidavit or testimony that a crime has been committed and that the juvenile has committed the crime, it may order that the juvenile be taken into custody. The officer serving the order shall immediately take the juvenile into custody for placement in detention or in an alternative placement to detention approved by the court pursuant to I.C. Section 20-516 pending a detention review hearing. 

(c)  A court may order a juvenile taken into custody, or a peace officer may take the juvenile into custody as provided in paragraph (a) of this rule. If a juvenile is not released to the parent(s) or other responsible adult, the court shall thereafter hold a detention hearing not later than 24 hours from the detention, excluding Saturdays, Sundays, and holidays, to determine whether such juvenile should remain in detention, pursuant to I.C. Section 20-516. The detention or protective supervision of a juvenile in a juvenile proceeding may be ordered by the court under the following circumstances and conditions: 

(1)  When the juvenile has run away from the parent(s), guardian, or legal custodian and the court has reason to believe that for said juvenile to remain away from the parent(s), guardian, or legal custodian would be detrimental to the juvenile's welfare; or 

(2)  The court has reasonable grounds to believe that the juvenile will not appear before the court or its officers at such time as the court may order; or 

(3)  The court has reasonable grounds to believe that said juvenile will, during the pendency of the juvenile proceeding, be subjected to an environment or to persons whose effect upon said juvenile would be injurious to said juvenile's welfare; or 

(4)  The court has reasonable grounds to believe that the release of said juvenile would endanger said juvenile or society. 

(d)  In the event it appears to the court that a juvenile is in such condition or surroundings that the juvenile's welfare is endangered, the court may order, by endorsement upon the summons, that the officer serving same take the juvenile immediately into custody and bring said juvenile before the court for safekeeping. By such action, the provisions of the Child Protective Act are automatically invoked pursuant to I.C. Section 20-520(m) and I.J.R. 16. 

(e)  In the event the court determines as a result of the detention hearing that the detention or protective supervision of the juvenile is not required, the court may enter an order delivering custody of the juvenile to any person or agency found by the court to be in the best interest of the juvenile and society and upon such terms, conditions, and restriction as the court shall determine and include in its order. 

(a)  When a peace officer takes a juvenile into custody, with or without a court order pursuant to I.C. Section 20-516, the officer shall notify the parent(s), guardian, or custodian of the juvenile as soon as possible by any appropriate means, including but not limited to personal contact, telephonic contact, or written notice. 

(b)  The officer shall notify the parent(s), guardian, or custodian of: 

(1)  The fact that the juvenile has been taken into custody; 

(2)  The nature of the charges and the reason for which the juvenile is being detained; 

(3)  The location of the juvenile's detention. 

(c)  If the peace officer releases the juvenile to the parent(s), guardian, or custodian upon written promise by the adult to appear with the juvenile in court, the provisions of I.J.R. 3, regarding issuance of summons, shall apply. 

(d)  If the peace officer does not release the juvenile and the juvenile is placed in detention, the court shall be informed and shall schedule a detention hearing to be held within 24 hours, excluding Saturdays, Sundays, and holidays, from the time the juvenile was placed in detention. When a juvenile is placed in a detention or shelter facility, the person in charge of the facility shall immediately notify the juvenile's parent(s), guardian, or custodian and shall also promptly give notice to the court that the juvenile is being held at the facility. When a juvenile is detained in a detention or shelter facility, the parent(s) or guardian shall be informed by the person in charge of the facility that they have the right to a prompt hearing in court to determine whether the juvenile is to be further detained or released. The court may at any time order the release of a juvenile, regardless of whether or not a detention hearing is held. 

(e)  Notice of the detention hearing must be given, whenever possible, by any reasonable means as directed by the court, including but not limited to telephonic, or personal contact, or written notice to the parent(s), guardian, or custodian. No specific time period shall be required for such notice. If the parent(s) are not present at the detention hearing, notice shall be given by the court pursuant to I.C. Section 20-516(7). 

(a)  The juvenile has the right to be represented by retained counsel in all proceedings before the court. The court shall appoint counsel for the juvenile if it finds that the juvenile is financially unable to pay for such legal services, unless representation is competently and intelligently waived. The court shall appoint separate counsel for the parent(s) or guardian if the court finds there is a conflict between the interests of the juvenile and the parent(s) or guardian and the court finds that the parent(s) or guardian are financially unable to pay unless representation is competently and intelligently waived. 

(b)  Pursuant to I.C. Section 20-514, the court shall appoint separate counsel for the juvenile, whether or not the parent(s) or guardian are able to afford counsel, unless there is an intelligent waiver of the right of counsel by the juvenile and the court further determines that the best interest of the juvenile does not require the appointment of counsel. 

(c)  In the event a juvenile appears before the court without parent(s) or guardian, the court shall appoint counsel to represent the juvenile; and 

(d)  Notice of the right to be represented by counsel, and right to counsel at public expense where financial inability exists on the part of the juvenile, parent(s), or guardian, shall be given at the earliest possible time. In the event a juvenile is detained, notice shall be given simultaneously with the notice of detention hearing and at the outset of a detention hearing. Notice of the right to counsel, and right to counsel at public expense if the parent(s) or guardian are financially unable to pay, shall be stated upon the notice or summons of an admit/deny arraignment hearing and upon the notice or summons of an evidentiary hearing. 

(a) Change of Venue

(1) Conditions.  A juvenile's residence is deemed to be a county in which the juvenile is actually residing, or a county in which a proceeding involving the juvenile under the Idaho Child Protective Act is currently pending.  When a petition alleges the commission of a juvenile offense in a county other than the county of the juvenile's residence, venue may be changed upon order of the court where the offense is alleged to have occurred (sending court) to the county of the juvenile's residence (receiving court), upon the following conditions:    

(a) the juvenile admits to the allegation, or the juvenile has been found by the Court to have committed the offense following an evidentiary hearing and to be within the purview of the J.C.A., and   

(b) the sending court finds that change of venue will not impose unreasonable barriers of distance to any persons entitled to be heard.  

Upon satisfaction of the conditions set forth above, the receiving court must not refuse the change of venue, except upon a finding that the juvenile does not reside in the receiving county.

(2) Duties of Sending Court. Within seven days after entering the order changing venue, the sending court must:   

      (a)  Order the case and all court records transferred to the magistrate’s division of the district court of the county of the juvenile’s residence; and 

      (b) Notify the following:  

            i.  the juvenile and the juvenile's parent(s), guardian, or custodian; 

            ii. the receiving court; 

            iii. the probation department in the sending and receiving counties;

            iv. the department of health and welfare, in appropriate cases;

            v. the public defender’s office in the sending and receiving counties; and

            vi. the prosecuting attorney’s office in the sending and receiving counties.

(3) Duties of Receiving Court. Upon receipt of the order for change of venue, the receiving court must: 

(a) notify the juvenile and the juvenile's parent(s),  guardian, or custodian of the date and time of the juvenile's next appearance;  

(b) direct the juvenile and the juvenile’s parent(s), guardian, or custodian to contact the probation office in the receiving county;

(c) appoint a public defender in the receiving county if the juvenile had public defender services in the sending county; and

(d) exercise jurisdiction over the case, including any motions such as motions of violations, dismissal and expungement. 

(4) Return to Sending Court.  Following entry of the order for change of venue by the sending court, if the juvenile withdraws the admission previously entered before the sending court, or the receiving court refuses the change of venue, then the case must be promptly returned to the sending court and the matter must be set for evidentiary hearing.  

(5)  Restitution. Whenever possible, the issue of restitution should be resolved in the sending county prior to the change of venue.  If the issue of the amount of restitution is contested, it must be resolved by the court of the county where the offense occurred.

(b) Temporary Transfer of Supervision.  Upon issuance of an order amending the conditions of probation and authorizing supervision in another county, the probation department in the sending county must contact and forward its probation file and other relevant information to the probation department in the receiving county within 7 days.  A temporary transfer of supervision is not a change of venue and shall not result in the opening of a court case in the receiving county agreeing to the transfer of supervision.

(Amended March 20, 1985, effective July 1, 1985; amended March 8, 1999, effective July 1, 1999; amended September 9, 2008, effective November 1, 2008; Repealed and new rule effective July 1, 2019; amended April 15, 2020, effective July 1, 2020.)

The court, in exercising its discretion, may order an informal adjustment for any case filed under the Juvenile Corrections Act, upon such terms and conditions as the court may deem just and appropriate under the circumstances. The discretion of the court to impose an informal adjustment is not limited by the nature of the charge. The court, in its discretion, may impose or suspend detention as it deems appropriate, pursuant to an informal adjustment. Informal adjustments may be ordered at any stage of the proceedings after admission by the juvenile or finding by the court that the juvenile has committed an offense, upon notice to parties and the opportunity to be heard. The court may order a preliminary inquiry pursuant to I.C. Section 20-510 or a social report pursuant to I.C. Section 20-520 prior to an informal adjustment. 

At any time prior to the J.C.A. trial (evidentiary hearing), the court, upon motion of the juvenile, the juveniles parent(s), or upon its own motion, may order one or more conferences to consider such matters as would promote a fair and expeditious trial. At the conclusion of the conference, the court shall file a memorandum of the matters agreed upon. No admission made by the juvenile or the juvenile's attorney at the conference shall be used against the juvenile unless the admissions are reduced to writing and signed by the juvenile and the juvenile's attorney. 

In any criminal proceeding, any party or the court may initiate a request for the parties to participate in mediation to resolve some or all of the issues presented in the case.  Participation in mediation is voluntary and will take place only upon agreement of the parties.  Not all defendants in a multi-defendant case need join in the request or in the settlement conference/mediation.Decision making authority remains with the parties and not the mediator. 

(1) Definition of 'Mediation'.  Mediation under this rule is the process by which a neutral mediator assists the parties (defined as the prosecuting attorney on behalf of the State and the Defendant) in reaching a mutually acceptable agreement as to issues in the case, which may include sentencing options, restitution awards, admissibility of evidence and any other issues which will facilitate the resolution of the case.  Unless otherwise ordered, mediation shall not stay any other proceeding. 

(2) Matters Subject to Mediation.  All misdemeanor and felony cases shall be subject to mediation if the court deems that it may be beneficial in resolving the case entirely.  Issues related, but not limited to, the possibility of reduced charges, agreements about sentencing recommendations or possible Rule 11 agreements, the handling of restitution and continuing relationship with any victim, are all matters which may be referred to mediation.  

(3) Selection of Mediator.   The court shall select a mediator from those maintained on a roster provided by the Administrative Office of the Courts, after considering the recommendations of the parties.  That roster will include senior or sitting judges or justices who have indicated a willingness to conduct criminal mediations and who have completed a minimum of twelve (12) hours of criminal mediation training within the previous two years before being placed on the roster.  If the selected mediator is a senior judge or justice, the mediator will be compensated as with any senior judge service, and approval from the trial court administrator must be obtained by the court prior to the mediation.

(4) Role of the Mediator.  The role of the mediator shall be limited to facilitating a voluntary settlement between parties in criminal cases.   The role of the mediator is to aid the parties in identifying the issues, reducing misunderstandings, exploring options and discussing areas of agreement which can expedite the trial or resolution of the case. The mediator shall not preside over any future aspect of the case, other than facilitation of a voluntary settlement according to this rule. The mediator shall not take a guilty plea from nor sentence any defendant in the case.   

(5) Persons to be Present at Mediation. Participants shall be determined by the attorneys and the mediator. The government attorney participating in the settlement discussions shall have authority to agree to a disposition of the case.

(6) Confidentiality. Except as provided in I.C. § 16-1605, mediation proceedings shall in all respects be confidential and not reported or recorded.  

(7) Mediator Privilege.  Mediator privilege is governed by Idaho Rule of Evidence 507.  

(8) Communications Between Mediator and the Court. The mediator may consult with the presiding judge about the terms of a possible plea agreement; otherwise, the mediator and the court shall have no contact or communication except that the mediator may, without comment or observation, report to the court: 

(a) that the parties are at an impasse; 

(b) that the parties have reached an agreement.  In such case, however, the agreement so reached may be reduced to writing, signed by the prosecuting attorney, the Defendant and defense counsel, and submitted to the court for approval;

(c) that meaningful mediation is ongoing;

(d) that the mediator withdraws from the mediation.

(9) Communications Between Mediator and Attorneys. The mediator may communicate in advance of the mediation with the attorneys to become better acquainted with the current state of negotiations and the issues to be resolved in the mediation.  This communication may be conducted separately with each of the attorneys and without the presence of the defendant.  

(10) Termination of Mediation. The court, the mediator, or any party may terminate the mediation at any time if further progress toward a reasonable agreement is unlikely or concerns or issues arise that make mediation no longer appropriate.

(Adopted March 18, 2011, effective July 1, 2011; amended April 27, 2012, effective July 1, 2012; amended February 27, 2013, effective July 1, 2013.)

(a)  Notice of the time, date, and place of a pretrial conference, trial, sentencing, or any further proceedings, after an initial appearance or service of summons, may be given in open court, by written acknowledgment of receipt or by mail to any party. Service of the notice shall be sufficient if the clerk deposits the notice in the United States mail, postage prepaid, to the address provided by the party in court, or the address at which the party was initially served, and files a certification of such service, or if notice is sent by registered or certified mail. 

(b)  The notice of hearing shall substantially conform to the following format: 

Click here for form.

(Amended September 11, 2024, effective September 11, 2024.)

If a juvenile denies the allegations of a petition at the admit/deny hearing, an evidentiary hearing must be held according to the Juvenile Corrections Act (J.C.A.) title 20, chapter 5, Idaho Code, and the following procedures:

(a) Timing of Hearing. The hearing must start within 90 days from the entry of the denial, unless the hearing is continued for good cause. The evidentiary hearing for a juvenile held continuously in detention before adjudication must start within 45 days of the first appearance of the juvenile before the court unless the hearing is continued for good cause.

(b) Notice. Notice of the hearing must be given by a notice or summons as provided in I.C. §§ 20-512 and 20-513, unless verbal notice of the hearing has been given to the parties in open court and on the record.

(c) Who may be present. The public and persons having a direct interest in the case or who work for the court may be permitted to attend, as provided in I.J.R. 52. The juvenile's presence may be waived by the court, if the court finds good causee that:

(1) it is in the best interest of the juvenile, and

(2) the juvenile is represented by counsel who is present during the hearing.

(d) Witness. When a juvenile, other than the juvenile against whom the petition has been filed, is summoned as a witness in any hearing under the J.C.A., the parent(s), a counselor, a friend, or other person having a supportive relationship with the juvenile must, if available, be permitted to remain in the courtroom at the witness stand with the juvenile during the juvenile's testimony unless, the court finds, in writing, that the juvenile's constitutional right to a fair trial will be unduly prejudiced.

(e) Court Record. The hearing must be on the record.

(f) Rules of Evidence. The rules of evidence and discovery in a J.C.A. evidentiary hearing (trial) are the same as the rules that apply in a criminal proceeding

(g) No jury trial. All issues shall be tried before the court.

(h) Burden of Proof The state has the burden of proving beyond a reasonable doubt that the juvenile has committed acts bringing the juvenile within the purview of the J.C.A.

(i) Motion to Dismiss After the close of the prosecution’s evidence or all evidence, the juvenile or the court may move for, and the court may enter an order of dismissal. The court must enter an order of dismissal if the evidence is insufficient to sustain a finding that the juvenile committed acts which bring the juvenile within the purview of the J.C.A. If the court denies a motion to dismiss after the prosecution’s evidence, the juvenile may offer evidence. If the court dismisses an offense, the state may move the court to consider whether the evidence would be sufficient to sustain a finding that the juvenile has committed an included offense.

(j) Findings. The court must make a finding as to whether the juvenile committed acts which bring the juvenile within the purview of the J.C.A. In making this finding, the court must consider only admissible evidence introduced at the hearing and must not consider any reports, documents, or other information obtained by the judge in making an initial inquiry in the proceeding.

(Adopted April 3, 1996, effective July 1, 1996; amended June 25, 1997, effective July 1, 1997; amended November 6, 2025, effective January 1, 2026.)

(a) If at any stage of a J.C.A. proceeding the court has reasonable cause to believe that a juvenile living or found within the state is neglected, abused, abandoned, homeless, or whose parent(s) or other legal custodian fails or is unable to provide a stable home environment, as set forth in I.C. Section 16-1603, the court may: 

(1) direct the Department of Health and Welfare to investigate the circumstances of the juvenile and his or her family and report to the court their findings and recommendations;

(2) order a screening team to convene and report to the court as provided for in this rule; or

(3) order the proceeding expanded to a Child Protective Act (C.P.A.) proceeding.

The order expanding the juvenile proceeding to a C.P.A. proceeding must be in writing, be case specific and contain the factual basis found by the court to support its order. The order will direct that copies of all court documents, studies, reports, evaluations, and other records in the court files, probation files, and juvenile corrections files relating to the juvenile/child be made available to the Department of Health and Welfare at its request and, if convened, the screening team.

(b) The purpose of the screening team in section (a)(2) is to develop a plan to safely meet the needs of the juvenile and the juvenile’s family, based on all resources available to the juvenile, juvenile’s parents, guardians, or legal custodians and, when appropriate, to avoid expanding the case to a C.P.A. proceeding.  The focus of the screening team is to assess the juvenile’s safety in the juvenile’s home, determine whether the juvenile’s needs, including services and treatment, can be safely and appropriately addressed, preferably in the juvenile’s home.  The screening team will include the juvenile, the juvenile’s parents, custodians or legal guardians; a representative from the county juvenile probation office; the Idaho Department of Juvenile Corrections; the Idaho Department of Health and Welfare’s Child and Family Services, and Children’s Mental Health programs.  In addition, the screening team may include the Idaho Department of Health and Welfare’s Children’s Developmental Disabilities program, local school officials, and any other person or entity that the court or screening team deems appropriate.  Participants will share information relevant to the purpose of the screening team.  All such information will be maintained as confidential pursuant to Idaho Court Administrative Rule (I.C.A.R.) 32. 

(c) The screening team will consider a detailed history of the juvenile which will include, but not be limited to:

(1) history of mental health issues or substance abuse treatment;

(2) the family’s structure and dynamics;

(3) child protection history, including services and treatment provided by Family and Children Services and other departments of the Idaho Department of Health and Welfare; 

(4) history of parental, guardian or legal custodian engagement in counseling and treatment designed to develop positive parenting skills and an understanding of the family’s role in the juvenile’s behavior;

(5) the juvenile’s academic performance and behavior in an educational setting;

(6) prior intervention and treatment efforts by the family or the community; 

(7) prior offenses; and 

(8) current and prior risk/need assessments.

(d) The screening team will evaluate whether home or community-based programs or services can adequately address the risks, safety concerns, and needs identified by the screening team.  The screening team will determine whether in-home or community services exist to address the juvenile’s identified needs or whether such services can be accessed in a setting to prevent placement in the custody of the Idaho Department of Health and Welfare.  The screening team will identify and evaluate any barriers that may exist and may also evaluate the relative cost-effectiveness of any options considered.  The screening team will employ a family centered approach.  The screening team will consider the juvenile’s and family’s strengths and needs and evaluate the juvenile’s and parents’, guardians’, or legal custodians’ capacity to safely parent the child at home, with extended family, or another placement.

(e) The county probation officer or other court designee will prepare a written report to the court summarizing the screening team’s findings and recommendations.  If the screening team does not reach consensus regarding its findings or recommendations, the written report will contain a summary of the different opinions regarding the juvenile’s safety at home, risks, needs and recommendations.  The written report will be presented to the court and be made available to the parties as directed by the court and may include a recommendation for a plan for the juvenile and family to comply with a court order that addresses family and juvenile needs.

(f) If the court expands to a C.P.A. proceeding, the court may order the juvenile placed in shelter care under the C.P.A.  When the court orders that the juvenile be placed in shelter care pending a shelter care hearing, the court will make a finding that the juvenile was placed in shelter because continuation in the juvenile’s present condition or surroundings would be contrary to the welfare of the juvenile and vesting legal custody of the juvenile with the Department of Health and Welfare is in the juvenile’s best interest.  If the juvenile is placed in shelter care, a shelter care hearing under the C.P.A. must be held within 48 hours, excluding Saturdays, Sundays, and holidays, and notice thereof shall be given to the juveniles parents(s), guardian, or custodian, and to the Department of Health and Welfare.

(g) A copy of the order expanding a J.C.A. proceeding to a C.P.A. proceeding shall be given to the juvenile's parent(s), guardian, or custodian, the Idaho Department of Health and Welfare, the prosecuting attorney and other counsel of record, and the Department of Juvenile Corrections if the juvenile is currently under commitment to the Department, pursuant to these rules and the rules of civil procedure.

(h) No further C.P.A. petition will be required. A petition may be filed to include other children that come within the jurisdiction of the C.P.A. but who are not before the court under the Juvenile Corrections Act. Any petition must be filed 14 days before the date set for the adjudicatory hearing. Any adjudicatory hearing pursuant to I.C. Section 16-1619 will be held within 30 days of the court's determination to expand the proceeding to a C.P.A. proceeding. A notice of the hearing will be served upon the parent(s), the Department of Health and Welfare, the juvenile, and the Department of Juvenile Corrections if the juvenile is currently under commitment to the Department, as though a petition under the C.P.A. has been filed. The burden of going forward with the evidence at the adjudicatory hearing shall remain with the prosecuting attorney.

(i) The proceeding under the J.C.A. will continue unless otherwise ordered by the court. The court may consolidate hearings under both the J.C.A. and the C.P.A. if the purposes of both acts can be served and the rights of the participants are not prejudiced.

(j) The Department of Juvenile Corrections shall have standing as an interested party in the child protective action if the juvenile is in the custody of the Department.

(Revised Rule 16  - Adopted August 21, 2006; amended June 4, 2020, effective July 1, 2020.)

(a)  At the time the court finds that a juvenile is within the purview of the J.C.A. under I.J.R. 15 or the juvenile pleads guilty (admits) to the charge (petition), or as soon thereafter as is practicable, the court shall set time and place for a sentencing hearing and give notice thereof to the juvenile and the parent(s), guardian, or custodian. In the event the time for the sentencing hearing is set in open court, notice of such hearing may be given to the parties verbally and placed upon the record. In the event such hearing is set at a later date, written notice thereof shall be given to the juvenile and the parent(s), guardian, or custodian in the same manner as a notice or summons of the initial J.C.A. hearing. With the consent of the juvenile and the juvenile's counsel the sentencing hearing may immediately follow the J.C.A. evidentiary hearing (trial). 

(b)  The sentencing hearing shall be an informal hearing in which the court may hear any relevant evidence from the prosecuting attorney; the juvenile; the parent(s), guardian, or custodian; or other investigator having knowledge of the juvenile so as to enable the court to make a considered disposition of the proceeding. The juvenile must be present at the sentencing hearing unless waived by the juvenile upon the advice of counsel after receiving the prior approval of the court. 

(c)  As a result of the sentencing hearing, the court shall enter a written decree together with findings of fact and conclusions of law finding the juvenile within the purview of the J.C.A. and imposing one or more of the provisions authorized by I.C. Section 20-520. If the court determines probation or detention is required, it must be ordered at the time of sentencing wherein commitment to the Department of Juvenile Corrections occurred. In the event the juvenile is placed on probation, such order may include or incorporate by reference the terms, conditions, and requirements of probation in the written decree. 

(d)  In the event it is proposed by any person that a juvenile be placed in custody or detention outside of the state of Idaho, pursuant to the Interstate Compact on the Placement of Children set forth in I.C. Section 16-2102, the court shall first hold a hearing upon 10 days notice to all affected parties to determine whether equivalent facilities are available in the state of Idaho and whether the placing of the juvenile in custody or detention outside the state will be in the best interest of the juvenile or will produce undue hardship. At such hearing, any interested party may testify concerning these issues, and upon conclusion of the hearing, the court shall determine whether the juvenile should be detained or placed in custody outside of the state of Idaho. 

(e) In accordance with the I.C. Section 20-520, and the Juvenile Justice Delinquency Prevention Act, a juvenile adjudicated of a status offense may not be placed in detention or other secure confinement, including commitment to the Idaho Department of Juvenile Corrections, as a result of such adjudication. Such status offenders may not be the subject of an order establishing any discretionary or unscheduled detention time. Provided, however, following adjudication of a status offense a juvenile may be subject to detention if, after notice and hearing, the court finds that the juvenile offender has violated the court’s decree imposing the sentence under circumstances that bring the violation under the valid court order exception, and the court’s order:    

(1) identifies the valid court order that has been violated;

(2) specifies the factual basis for determining that there is reasonable cause to believe that the juvenile has violated such order;

(3) includes findings of fact to support a determination that there is no appropriate less restrictive alternative available to placing the juvenile in such a facility, with due consideration to the best interest of the juvenile;

(4) specifies the length of time, not to exceed 7 days, that the juvenile may remain in a secure detention facility or correctional facility, and includes a plan for the juvenile's release from such facility; and

(5) states that the order may not be renewed or extended. 

The court may not issue a second or subsequent order described in this subsection relating to a juvenile unless the juvenile violates a valid court order after the date on which the court issues an order in this subsection.

(f) As a condition of probation, the sentencing court may order the juvenile to serve a specified period of discretionary detention time.  “Discretionary detention time” means detention time to be served at the discretion of the probation officer as a sanction for violating a term or condition of probation.  Discretionary detention time cannot be applied to status offenders. Discretionary detention time is to be served as follows:

(1) On receipt of a written statement of facts made under oath or affirmation by the probation officer showing reasonable cause to believe that the juvenile violated any term or condition of probation, a court may order, in writing, that the juvenile serve a specified number of days not to exceed 3 days of discretionary detention time.

(2) Any time served in detention as discretionary detention time must be credited against the period of discretionary detention time and the total detention time as ordered in the judgment. 

(3) Nothing in this subsection limits the authority of a sentencing court to impose additional terms and conditions of probation including detention time.

(g)  If, pursuant to I.C. Section 20-523, a written screening team report is compiled, it shall be presented to the court and be made available to the parties at least 48 hours prior to the sentencing hearing, excluding Saturdays, Sundays, and holidays.

(Amended June 17, 2019, effective July 1, 2019; amended April 15, 2020, effective July 1, 2020; amended June 8, 2021, effective July 1, 2021.) 

(a)  Illegal Sentences. The court may correct a sentence that is illegal from the face of the record at any time.

(b)  Modification of Terms and Conditions of Probation Based on Change of Circumstances.  The court maintains continuing jurisdiction of a juvenile case throughout any period of probation or informal adjustment and may, upon the motion of any party or on its own motion, modify or amend the terms and conditions of such probation or informal adjustment upon a showing that the circumstances of the juvenile or the juvenile’s family have changed so as to justify a modification of such terms and conditions consistent with the rehabilitative intent of the Juvenile Corrections Act, Chapter 5, Title 20, Idaho Code.  The court may not as a part of any such modification extend the length of the probationary term or increase the amount of detention originally ordered or suspended.

(c)  Credit for Time Served. A motion to correct a court's computation of credit for time served may be made at any time.  A juvenile shall receive credit for any detention time served prior to a judgment or informal adjustment being entered if such detention time was for the offense or an included offense for which the judgment was entered. The remainder of any term of detention commences upon the pronouncement of a detention sentence and if thereafter, during such term, the defendant by any legal means is temporarily released from such detention and subsequently returned thereto, the time during which the juvenile was at large will not be computed as part of such term.

(Adopted May 14, 2019, effective July 1, 2019.)

In accordance with I.C. § 20-520, the following standards and procedures govern predisposition inquiries and reports in Juvenile Corrections Act (J.C.A.) cases.

(a) Authority to Order Report. The court may order a predisposition inquiry and report when the court finds that a juvenile is within the purview of the J.C.A..

(b) Preparation of Report. The court may order a predisposition inquiry and report through the juvenile county probation office or other investigator designated by the court.

(c) Contents of the Report. When a predisposition inquiry is ordered, the report must contain on each page the warning "CONFIDENTIAL DOCUMENT NOT SUBJECT TO DISCLOSURE." The report must contain the following information:

(1) a description of the facts, including,

(A) the juvenile's version and explanation of the offense;

(B) the investigating officer's version or report of the offense; and

(C) where available, the victim's version and explanation of the offense.

(2) any prior juvenile/criminal record;

(3) a description of the juvenile's home environment and social history, including:

(A) family relationships;

(B) marital status;

(C) age;

(D) interests; and

(E) activities.

(4) educational history;

(5) employment history;

(6) residence history;

(7) financial history;

(8) physical condition, major illnesses, and intellectual or developmental disabilities;

(9) behavioral health history, including;

(A) substance use;

(B) mental health

(C) treatment; and

(D) hospitalizations.

(10) peer relationships, associations and social interactions;

(11) history, use, and nature of interactions on electronic devices, including:

(A) time spent on devices (screen time);

(B) content; and

(C) associations.

(12) the juvenile's sense of values and outlook on life;

(13) the results of reports under I.J.R. 16 and 19; and

(14) the results of substance abuse, mental health, and psychosexual evaluations.

(d) Use of Screening Tools. The report may contain information obtained from evidenced-based tools that screen for the following:

(1) human trafficking;

(2) risks and needs of the juvenile;

(3) trauma suffered by the juvenile; and

(4) additional information as appropriate.

(e) Recommendations. Recommendations contained in the report should address the risk and needs of the juvenile and the juvenile's family including supervision, treatment, and any other special conditions.

(f) Rules of Evidence. The rules of evidence do not apply in disposition hearings. A report may include hearsay and material that is inadmissible under the rules of evidence if the court finds the information reliable.

(g) Access to Predisposition Report.

(1) Disclosure of Report. A predisposition report must be disclosed to the following people:

(A) the juvenile;

(B) the juvenile's parent or legal guardian;

(C) juvenile's counsel; and

(D) the prosecuting attorney.

(2) Exceptions to Disclosure. The court may withhold from disclosure:

(A) parts of the predisposition report that contain diagnostic opinions that could seriously disrupt a rehabilitation program, or

(B) information that in the court's discretion could prove harmful to an individual not a party in the proceeding.

(3) Procedure on Non-Disclosure. If the court withholds information in the predisposition report from the juvenile the court must:

(A) state the reasons for its action;

(B) inform the juvenile and juvenile's attorney that information has not been disclosed;

(C) explain the general nature of the information being withheld; and

(D) if requested, the juvenile's attorney, must be allowed to review any information in the predisposition report that is withheld from disclosure and be given an opportunity to explain and rebut the information.

(4) Time of Disclosure. The predisposition report must be provided at least 48 hours prior to the disposition hearing, excluding weekends and holidays.

(5) Opportunity to Be Heard. The juvenile and juvenile's attorney must be given an opportunity to explain and defend adverse matters contained in the report, and to present evidence on the juvenile's behalf at the disposition hearing. The court may continue the disposition hearing for good cause shown, including but not limited to the lack of sufficient time to examine or offer rebuttal to information contained in the report.

(h) Confidentiality.

(1) Sealed Court Record. A predisposition report must be available for the purpose of assisting a court. The report must be filed and kept as a sealed court record. Except as provided by this rule, reports may only be disclosed on court order according to Idaho Court Administrative Rule 32. People or agencies receiving a copy of the report may not release the report or any information contained in the report to any other person or agency.

(2) Exceptions. The following people or agencies may have access to a predisposition report under the following circumstances:

(A) Idaho Department of Juvenile Corrections. If a juvenile is committed to or supervised by the Idaho Department of Juvenile Corrections (Department), the juvenile's predisposition report must be available to the Department. The Department may retain a report for 3 years following the release of the juvenile from a correctional center or after reaching age 19, whichever occurs first. If supervision is transferred to another state, the Department may provide a copy of the report to the supervising entity in that state.

(B) Idaho Department of Health and Welfare. The Idaho Department of Health and Welfare pursuant to its statutory responsibilities under Idaho Code title 16, chapter 16; title 16, chapter 24; title 20, chapter 5 or title 66, chapter 4.

(C) Evaluators. The predisposition investigator may release information relating to the juvenile's criminal history and law enforcement reports related to the offense to persons preparing a court-ordered evaluation. Any person receiving this information must not release it to any other person or agency.

(D) Victims. As provided in Article 1, Section 22(9) of the Idaho Constitution, a victim of a juvenile's misconduct has a right to read, but not to have a copy of the predisposition report.

(E) Treatment Court Personnel. With the permission of the court, the predisposition report may be made available to treatment court personnel for purposes of screening the juvenile to determine the juvenile's suitability for admission into a treatment court program.

(F) On Appeal. When relevant to an issue on which an appeal has been taken, the predisposition report must be available for review in appellate courts when requested by a party or ordered by the court pursuant to Idaho Appellate Rule 31(b).

(G) Third Parties. With a court's permission, the predisposition report may be available to persons or agencies if:

(i) the person or agency has a legitimate professional interest in the information likely to be contained in the report;

(ii) making the report available will further the plan or rehabilitation of the juvenile; or

(iii) making the report available will further the interests of public protection; and,

(iv) appropriate safeguards for the confidentiality of information contained in the predisposition report will be provided by the persons or agencies receiving the information. Such persons or agencies may include:

(a) a physician or psychiatrist appointed to assist the court in sentencing;

(b) an examining facility;

(c) a correctional institution;

(d) a probation or parole department;

(e) an expert witness; or

(f) the supervisors of a public or private rehabilitation program.

(3) Access to Previous Reports. When preparing a predisposition report, the predisposition investigator must have access to previous reports, including all attachments and addendums. The predisposition investigator's own copy of the predisposition report is restricted from use by all but authorized court personnel.

(4) Violations. Any violation of this rule is a contempt of court and subject to appropriate sanctions.

(Adopted November 6, 2025, effective January 1, 2026.)

(a)  When a court has entered an order of formal probation or an informal adjustment order and a motion or petition, together with a sworn affidavit, is filed with the court by the prosecuting attorney alleging that the juvenile has violated the terms and conditions of probation or informal adjustment, the court shall set a hearing on the violation alleged. 

(b)  At the violation hearing, the burden of proof shall be upon the state by a preponderance of the evidence. 

(c)  Upon a finding by the court that the juvenile has violated the formal probation order or the informal adjustment order, the court may: 

(1)  Enter an order reinstating the juvenile on probation on additional terms and conditions; 

(2)  Enter an order imposing any suspended term of detention or suspended commitment to the Department of Juvenile Corrections pursuant to Idaho Juvenile Rule 19; or

(3)  In the case of an informal adjustment, impose any sentence available to the court pursuant to the Idaho Juvenile Corrections Act.

 (Amended April 15, 2020, effective July 1, 2020.)

(a) A juvenile offender may become eligible for commitment to the custody of the Department of Juvenile Corrections if the juvenile's prior history or charged offense(s) contain underlying facts: 

     (1)  of violence that either did or could reasonably have resulted in serious bodily injury or death to others;

     (2)  of a sexual nature;

     (3)  demonstrating a wanton and reckless disregard for the property rights of others such that release constitutes a substantial risk to the community; and/or

     (4)  demonstrating a pattern of misdemeanor or felony criminal behavior, escalating in its impact on public safety or the juvenile’s safety or well-being over time.  
  

(b) Prior to disposition on any offense for which a juvenile may be committed to the custody of the Department of Juvenile Corrections, the court shall order that a screening team convene to determine whether or not the actual risks posed to community safety by the juvenile offender can be adequately addressed in a community based setting or whether the risks posed to the public by the juvenile offender are such that the juvenile is in need of treatment programming within a secure setting available through the Department of Juvenile Corrections.  The screening team shall include parents, custodians, or guardians of the juvenile, representatives from the County Juvenile Probation Office, the Idaho Department of Juvenile Corrections and the Idaho Department of Health and Welfare. In addition, the screening team should include the juvenile, the defense attorney, prosecuting attorney, local school officials, and any other persons that the screening team may deem appropriate. Participants shall share relevant information concerning the juvenile offender with other screening team members.  All such information shall be maintained as confidential pursuant to I.C.A.R. 32.  

(c) The screening team shall have available a detailed history of the juvenile which shall include, but not be limited to:

1) history of mental health issues or substance abuse treatment;

2) the family's structure and dynamics; 

3) parental, guardian or custodian engagement in counseling and treatment designed to develop positive parenting skills and an understanding of the family's role in the juvenile's behavior; 

4) the juvenile's academic performance and behavior in an educational setting;

5) prior intervention and treatment efforts by the family and/or the community;

6) prior offenses; and

7) current and prior risk/need assessments.

(d) The screening team shall evaluate whether community based programs or alternatives can adequately address the risks and needs identified.  The screening team shall employ a strengths-based approach considering the juvenile’s and family’s strengths and include an evaluation of the juvenile’s and parent’s, guardian’s or custodian’s abilities, and capacities for engagement in such community based programs as may be identified.  The screening team shall also evaluate any barriers that may exist with respect to such engagement.  In making such evaluation the screening team shall determine whether or not there exist community based programs to address the juvenile’s identified needs or whether such programs can be accessed in a setting other than the Department of Juvenile Corrections.  The screening team may also evaluate the relative cost-effectiveness of any options considered.

(e) The county probation officer or other court designee shall prepare a written report to the court summarizing the screening team's findings and recommendations. If the screening team does not reach consensus regarding its findings or recommendations, the written report shall contain a summary of the different opinions regarding risks, needs and recommendations. The written report shall be presented to the court and be made available to the parties at least 48 hours prior to the sentencing hearing, excluding Saturdays, Sundays, and holidays. 

(f) Prior to issuing an order of commitment of a juvenile to the Department of Juvenile Corrections, the court shall make findings on the record as to the underlying facts and circumstances that were relied on in making the decision and the specific facts relied on to determine that a community based alternative was not appropriate.

(g) A juvenile under the age of twelve (12) years shall not be committed to the Department of Juvenile Corrections unless the court finds that there are extraordinary circumstances. The court may not commit a juvenile offender under the age of ten (10) years to the custody of the Department.

(Amended March 8, 1999, effective July 1, 1999; amended April 26, 2007, effective July 1, 2007; amended, effective February 1, 2009; amended April 27, 2016, effective July 1, 2016; amended May 14, 2019, effective July 1, 2019.)

(a)  Following the release of a juvenile from the custody of the Department of Juvenile Corrections, or before the juvenile's release if the court deems it appropriate, the court may hold a hearing pursuant to I.C. Section 20-533 to review the conditions of probation and determine whether the existing conditions should be amended or eliminated, or if additional conditions should be imposed. Written notice of the hearing shall be provided by the clerk of the court to the juvenile, parent(s), legal guardian or custodian, and any person who has been made party to the proceeding. Notice will be deemed sufficient if the clerk mails notice to the person's last known mailing address.

(1)  At this hearing, the court may also order conditions to be complied with by the juvenile's parent(s), legal guardian or custodian, or any person having been made a party of the proceeding that the court deems to serve the best interest of the juvenile or the community.

(2)  At this hearing, the juvenile, parent(s), or legal guardian are entitled to the same right of legal representation that would be afforded such persons as provided in I.C. Section 20-514.

(b)  In the event a juvenile probation officer, as authorized by court order, establishes additional conditions of probation with which the juvenile offender must comply upon the juvenile's release from the custody of the Department of Juvenile Correction, the probation officer shall notify the juvenile at the time the additional conditions are imposed of the juvenile's right to request a hearing before the court to contest the additional conditions. Such notice shall be given to the juvenile in writing and shall also inform the juvenile that a request for hearing to contest the additional conditions of probation must be made in writing to the court within 14 days of receiving the written notice. If the juvenile timely requests a hearing, the clerk shall send written notice of the hearing to all the parties entitled to notice in subsection (a) of this rule. The court shall have the authority to enter any order it could have under subsection (a) or (a)(1) of this rule, and the parties shall have the same right to counsel as provided in paragraph (a)(2) of this rule.

(c)  Upon a subsequent violation of probation, the court may recommit the juvenile to the custody of the Department of Juvenile Corrections. A screening team shall be convened and a report prepared, consistent with the requirements of I.J.R. 19, prior to recommitment being ordered by the court, unless the court makes a finding of good cause on the record not to convene a screening team. In order to impose detention as a sanction for a probation violation, the court may only impose that detention previously suspended at the time of commitment to the Department's custody.

(Adopted effective July 2, 1996; amended December 13, 2024, effective January 1, 2025) 

The following Idaho Criminal Rules, or selected parts thereof, shall apply to actions filed under the Juvenile Corrections Act, but only to the extent the criminal rule does not conflict with these juvenile rules: 

Rule 5.2 Transcript of Hearing - Copies for Parties 

Rule 8(a) Joinder of Offenses 

Rule 11 Pleas 

Rule 12 Pleadings and Motions Before Trial and (g) Records 

Rule 12.1 Notice of Alibi 

Rule 13 Trial Together of Complaints, Indictments, and Information 

Rule 14 Relief from Prejudicial Joinder 

Rule 15 Depositions 

Rule 16 Discovery and Inspection 

Rule 17 Subpoena 

Rule 19 Place of Prosecution and Trial 

Rule 25 Disqualification of Judge 

Rule 27 Stipulations Not Binding on Court--Continuance of Trial or Hearing 

Rule 28 Interpreters 

Rule 29.1(a)&(b) Motion for Mistrial 

Rule 34 New Trial 

Rule 36 Clerical Mistakes 

Rule 41 Search and Seizure  

Rule 41.1 Reclaiming Exhibits - Documents or Property 

Rule 42 Contempts 

Rule 43.1 Use of Electronic Audio Visual Devices 

Rule 44.1 Withdrawal of Counsel 

Rule 45 Time 

Rule 46.2  No Contact Orders 

Rule 47 Motions 

Rule 48 Dismissal by the Court 

Rule 49 Service and Filing of Papers 

Rule 52 Harmless Error 

Rules 54.1-54.19 Appeals From a Magistrate to a District Court 

(Amended April 1, 2002, effective July 1, 2002.)

The court may hold a hearing on the initial appearance, detention hearings, and motion hearings by telephone conference or video teleconference to which the juvenile; the juvenile's attorney, if any; the prosecuting attorney; the parent(s), guardian, or custodian, if available; and the judge are joined in one telephone conference or video teleconference. The audio of the telephone conference or video teleconference shall be recorded by the court, and the court shall cause minutes of the hearing to be prepared and filed in the action.

(Amended March 2, 2001, effective April 1, 2001.) 

There is no right to bail for a juvenile under the age of 18 in a J.C.A. proceeding. Idaho Criminal Rule 46 applies to a person over the age of 18 charged with an offense under the J.C.A.

(Adopted April 3, 1996, effective July 1, 1996; Amended November 6, 2025, effective January 1, 2026.)

The court shall advise the juvenile and the parent(s), guardian, or custodian, if any of them are not represented by counsel, of the right to appeal the decision of the court under I.C. Section 20-528. 

In addition to any other sanctions provided by law, the court may use its civil or criminal contempt powers to enforce the willful violation of a court order directing a juvenile's parent[s], legal guardian, custodian, or other person made a party to a proceeding to perform or refrain from doing some act. Contempt actions filed pursuant to this rule are part of the juvenile proceeding and may be prosecuted pursuant to I.C.R. 42 in the juvenile proceeding.

(Amended March 8, 1999, effective July 1, 1999.)

(a)  Upon the filing of a written Motion to Waive Jurisdiction on a misdemeanor or felony charged under the Juvenile Corrections Act by the prosecuting attorney, the juvenile, or the court, the court shall:

1.  Give written notice of the Waiver Hearing at least 10 days before the date of the hearing to the juvenile, the juvenile's parent(s), guardian, or custodian, prosecuting attorney, probation officer (if any) and Department of Juvenile Corrections district liaison. The notice shall inform the juvenile of his or her right to counsel. Service shall be made in the manner provided by I.J.R. 5.

2.  Order a full and complete investigation of the circumstances of the alleged offenses and the factors as listed in I.C. Section 20-508 (8)(a) through (f) to be conducted by county probation, or such other agency or investigation officer designated by the court, who shall submit a written report to the court, prosecuting attorney and juvenile or counsel for the juvenile at least 5 days prior to the hearing.

3.  The court shall make findings as to whether or not the juvenile should, in the discretion of the court, be waived under the Juvenile Corrections Act.

(b)  At the hearing, the court may rely on the investigative report, the juvenile's criminal record in the state of Idaho, certified court records from other states and county probation records. The prosecuting attorney, juvenile, or attorney for the juvenile may present evidence in support of, or opposed to, the contents of the reports and records before the court and the waiver request. Each party shall have the right to present such evidence as may be relevant to the issue of waiver, and the court may consider such hearsay as may be contained in the investigative report, criminal records, or other relevant evidence submitted to the court.

(c)  The juvenile may stipulate to waiver but said stipulation shall be reduced to writing or placed upon the record in open court.

(d)  Upon waiver, the prosecuting attorney shall file a criminal complaint within 24 hours, excluding Saturdays, Sundays, or holidays, and the court shall order that an initial appearance on the criminal complaint be held pursuant to I.C.R. 5.

(e) Before sentencing, a juvenile under the age of 18 may not be held in a jail or lockup for adults unless a court finds, after a hearing and in writing, that it is in the interest of justice. In determining whether it is in the interest of justice to permit a juvenile to be held in any jail or lockup for adults, or have sight or sound contact with adult inmates, a court shall consider:

1.  the age of the juvenile;

2.  the physical and mental maturity of the juvenile;

3.  the present mental state of the juvenile, including whether the juvenile presents an imminent risk of harm to the juvenile;

4.  the nature and circumstances of the alleged offense;

5.  the juvenile’s history of prior delinquent acts;

6.  the relative ability of the available adult and juvenile detention facilities to not only meet the specific needs of the juvenile but also to protect the safety of the public as well as other detained youth; and

7.  any other relevant factor. 

(Adopted March 8, 1999, effective July 1, 1999; amended April 28, 2022, effective July 1, 2022.)

(a) In the court's discretion, a criminal charge or an infraction citation naming a defendant who was under 18 years of age at the time of the alleged violation, may be transferred to juvenile court and treated under the provisions of the J.C.A., except charges waived for criminal prosecution pursuant to section 20-508, Idaho Code, or criminal charges listed in section 20-509 Idaho Code. The transfer request may be made by the juvenile, the juvenile's attorney, the prosecutor or upon the court's own motion. A party may make the request orally upon the record or in writing. The party making the request shall provide the court, inwriting, with the name and address of the juvenile's parent or guardian. Either party may request that the transfer request be set for a hearing. If the court grants the request to transfer the case, the court shall enter a written order transferring the case to the juvenile court.

(b) The clerk shall set the new juvenile case for an admit/deny hearing on the juvenile court calendar. The clerk shall cause a notice of admit/deny hearing to be mailed by certified mail to the juvenile and the juvenile's parent or guardian. The hearing shall be set not less than 14 days from the mailing of the notice.

(c) The admit/deny hearing shall be conducted pursuant to I.J.R. 6. All other hearings and proceedings shall be conducted in accordance with the Juvenile Corrections Act and the Idaho Juvenile Rules.

(ADOPTED April 26, 2007, effective July 1, 2007; amended March 15, 2022, effective July 1, 2022.)

(a) A petition to expunge filed pursuant to I.C. ß 20-525A shall apply only to actions pursuant to the Juvenile Corrections Act. It shall contain the name of the juvenile seeking expungement, name all agencies and their addresses with records the petitioner seeks to have expunged, and make evident the petitioner is in compliance with the provisions of I.C 20-525A. The petition shall be filed in the county where a disposition was entered under oath and verified by the petitioner. A petition shall be filed in each case in which the petitioner seeks to have records expunged. If the petition is being filed pursuant to I.C. 20-525A(3) and no file exists, a new juvenile proceeding shall be opened upon the filing of the petition to expunge.

(b) Upon the filing of a petition to expunge the clerk shall set a hearing date and give notice to the petitioner, the prosecutor, any entity or person as requested by the petitioner, the prosecutor or as directed by the court. The prosecutor shall comply with the provisions of I.C. 19-5306. The hearing shall be set not less than 14 days from the filing of the notice of hearing. Cases involving the same petitioner may be joined for hearing.

(c) At the hearing or pursuant to stipulation the court shall consider any relevant evidence and make findings. Written findings of fact are not necessary. Upon a determination that the requirements of I.C. 20-525A have been met the court shall enter an order expunging the appropriate records.

(d) The clerk shall attach to the order a certificate of service to the agencies noted in the petition including the Department of Juvenile Corrections. The case will then be sealed and filed in a separate expunged record file and the case entered in the expungement index. 

(e) There shall be no disclosure of any record in an expunged case file except as provided in Idaho Court Administrative Rule 32.

(ADOPTED April 26, 2007, effective July 1, 2007.)

The Idaho Rules of Civil Procedure shall apply to C.P.A. proceedings to the extent that they are not inconsistent with these rules, statutes, or the law.

(Revised Rule 29 - adopted August 21, 2006.)

There are four procedures under which a child may be removed from the home before the adjudicatory hearing:

(a)   Declaration of Imminent Danger. A child may be removed from the home by a peace officer on a declaration of imminent danger by a peace officer, without a court order, under I.C. § 16-1608(1).

(b)   Order of Removal. A child may be removed from the home by a summons with an order of removal by the court, under I.C. § 16-1611(4) and I.J.R. 34.

(c)   Order Following Shelter Care Hearing. A child may be removed from the home on order of the court following a shelter care hearing under I.C. § 16-1615 and I.J.R. 39.

(d)   Rule 16 Expansion. A child may be removed from the home and placed in shelter care upon order of the court when the court expands a J.C.A. proceeding to a C.P.A. proceeding pursuant to I.J.R. 16.

(Revised Rule 31 - adopted August 21, 2006; amended April 26, 2007, effective July 1, 2007; amended June 30, 2025, effective July 1, 2025. )

(a) When a child is taken into custody under I.C. § 16-1608(1)(a) following a declaration of imminent danger, the peace officer must provide a written notice of emergency removal to the court, and to the parent(s), guardian or custodian, as required under I.C. 16-1609(1).

(b) The notice of emergency removal must include the right to counsel and right to court appointed counsel, available under these rules. The notice must be personally served at least 24 hours before the shelter-care hearing. A parent, guardian, or custodian is not required to receive notice of the shelter-care hearing if they cannot be located or are out of state.

(c) The notice of emergency removal of the child from the home must substantially conform to the form found in Appendix A of these rules.

(Revised Rule 32 - adopted August 21, 2006; amended June 30, 2025, effective July 1, 2025.)

Idaho Juvenile Rule 33. Summons (C.P.A.)

(a) After a petition has been filed service of process must be made as provided in Idaho Code §§ 16-1611 and 16-1612.

(b) Form of Child Protective Act Summons, Order of Removal, and Order to Prevent Removal.  The summons, Order of Removal, and Order to Prevent Removal in Child Protective Act cases must substantially conform to the forms found in Appendix A of these rules.  

(Revised Rule 33 - adopted August 21, 2006; amended April 24, 2013, effective July 1, 2013; amended September 11, 2024, effective September 11, 2024; amended effective January 24, 2025; amended June 30, 2025, effective July 1, 2025.) 

Idaho Juvenile Rule 34.  Order of Removal of Child Upon Issuance of the Summons (C.P.A.).

(a) Order. The court may order the removal of the child/ren from the home, in accordance with I.C. § 16-1611(4), at the time the Summons is issued, or upon separate motion.  Except as provided in subsection (c) of this rule, a request for an Order of Removal must be made in writing, either in the petition or by separate motion of the petitioner.  Determination shall be made on facts presented to the court ex parte, either by testimony or affidavit.

(b) First Order Sanctioning Removal. If the Order of Removal of Child is the first court order sanctioning removal of the children from the home, the court shall make written, case-specific findings that remaining in the home is contrary to the child/ren's welfare and that vesting legal custody with the Department of Health and Welfare or other authorized agency is in the best interest of the child/ren.

(c) After Hours, Weekends, and Holidays. If a prosecuting attorney or deputy attorney general seeks an order of removal of the child/ren from the home, after office hours, during the weekend, or on a holiday, the court may issue the order and summons based on information communicated in person, by telephone or other reliable electronic means or affidavit.  When the court’s findings are based on a sworn oral statement, the statement must be recorded, filed with the clerk of the court, and is considered part of the record; these statements need not be filed prior to the issuance of the order.  All sworn oral statements given in support of an order for removal must be given on oath or affirmation and must identify the speaker. If the court is unable to provide an electronic signature on the order of removal in accordance with Idaho Rules for Electronic Filing and Service (I.R.E.F.S.) 9 the court may verbally authorize the prosecuting attorney or deputy attorney general to sign on behalf of the court, which verbal authorization must be recorded.

(d) Electronic Signatures.  An electronic signature may be used on any document that is required or permitted under this rule and that is transmitted electronically, including an order of removal, a written certification or declaration under penalty of perjury, an affidavit, or a notary’s seal, in accordance with I.R.E.F.S. 9.

(e) Form of Order of Removal to accompany the Summons.  The Order of Removal accompanying the summons shall substantially conform to the Supreme Court form found in Appendix A.                                              

Committee Comments.  As to subsection (b), federal law requires the court to make a written, case-specific finding that remaining in the home is contrary to the child's welfare.  See 45 CFR § 1356.21(c). Idaho Code § 16-1611(4) requires the court to find that remaining in the home is contrary to the child's welfare and that vesting legal custody in IDHW is in the child's best interests.  The policy of the rule is to require written case specific findings on both best interest and contrary to the welfare.  Failure to timely make the federal finding will result in loss of federal funding for an otherwise eligible child.  If the case-specific finding is not made, or not made at the required time, the error cannot be corrected at a later date to restore funding.  The funding cannot be a simple recitation of the language of the statute; however, if the case-specific information upon which the finding is based is set forth in a document in the court record (such as an affidavit), the finding can incorporate the document by reference without reiterating the facts set forth in the document.

(Revised Rule 34 - adopted August 21, 2006, amended April 27, 2011, effective July 1, 2011; amended effective January 24, 2025.)

Idaho Juvenile Rule 34A. Order to Prevent Removal (Alleged Offender Removal) (C.P.A.).

(a) Motion. A prosecutor or the attorney general may file a motion for an Order to Prevent Removal that excludes the alleged offending parent, legal guardian, or legal custodian from the child’s residence.

(1) Affidavit. A motion for an Order to Prevent Removal must be in writing and accompanied by a sworn affidavit from a law enforcement officer or the Idaho Department of Health and Welfare (department), except as provided in subdivision (c) of this rule.

(2) Ex Parte. The court’s determination may be made on facts presented ex parte, either by testimony or affidavit.

(3) Facts. The court may enter an Order to Prevent Removal on a showing that:

(A) there is reasonable cause to believe that a child would be safe in the child’s present surroundings in the sole care of one parent, legal guardian, or legal custodian; and

(B) neglect or abuse by another parent, legal guardian, or legal custodian is alleged.

(b) Order. If the court finds reasonable cause to believe that a child would be safe in the child’s present surroundings in the sole care of one parent, legal guardian, or legal custodian and neglect or abuse by another parent, legal guardian, or legal custodian occurred, the court must issue an order that:

(1) excludes the alleged offending parent, legal guardian, or legal custodian from the dwelling where the child resides;

(2) prohibits the alleged offending parent, legal guardian, or legal custodian from any contact or communication with the child; and 

(3) restrains the alleged offending parent, legal guardian, or legal custodian from coming within 1,500 feet, or other appropriate distance, of the child until further order of the court.

(c) After Hours, Weekends, and Holidays. If a prosecuting attorney or deputy attorney general seeks an Order to Prevent Removal after office hours, during the weekend, or on a holiday, the court may issue the order and summons based on information communicated in person, by affidavit, telephone or other reliable electronic means.

(1)Testimony/Oral Statements. When the court’s findings are based on an oral statement or testimony, the statement must comply with the following:

(A) Recorded. The statement must be recorded, filed with the clerk of the court, and becomes as part of the record. Sworn statements need not be filed prior to the issuance of the order.

(B) Under Oath. Oral statements or testimony given in support of an Order to Prevent Removal must be under oath or affirmation and must identify the speaker.

(C) Signature. If the court is unable to provide an electronic signature on the Order to Prevent Removal under Idaho Rule for Electronic Filing and Service (I.R.E.F.S.) 9, the court may verbally authorize the prosecuting attorney or deputy attorney general to sign on behalf of the court. The judge’s verbal authorization must be recorded.

(d) Electronic Signatures. An electronic signature may be used on any document required or permitted under this rule that is transmitted electronically, including an Order to Prevent Removal, a written certification or declaration under penalty of perjury, an affidavit, or a notary’s seal, under I.R.E.F.S. 9.

(e) Form of Order to Prevent Removal to Accompany the Summons. The Order to Prevent Removal must substantially conform to the form found in Appendix A.

(f) Service. A copy of an Order to Prevent Removal along with a copy of the petition and summons must be personally served, unless otherwise ordered by the court, on the alleged offending parent, legal guardian, or legal custodian. All parents, legal guardians, or legal custodians must receive notice of a hearing on whether to continue an order within 48 hours, excluding Saturdays, Sundays, and holidays.

(Adopted June 30, 2025, effective July 1, 2025.)

(a) The purpose of Guardian ad Litem programs in Idaho shall be to provide court-appointed volunteer advocacy to abused, neglected, abandoned and/or homeless children.

(b) Each GAL program shall have a governing body responsible for overseeing compliance with all applicable laws and regulations, adopting program policies, defining program services, and guiding program development.

(c) Each GAL program shall communicate, collaborate, and share information with fellow programs in the state.

(d) Each GAL program shall follow written policies for inclusiveness, recruitment, selection, training, retention, and effective performance and evaluation of its paid personnel.

(e) Each GAL program shall develop and follow written policies for its volunteers regarding recruitment; application, selection and screening; training; supervision; volunteer roles and responsibilities; and dismissal of volunteers.

(1) Each GAL program shall require that volunteers complete at least 30 hours of pre-service training and 12 hours of in-service training per year.  

(2) Pre-service training shall include the following topics: 

(A)    Roles and responsibilities of a GAL volunteer;

(B)    Court processes;

(C)   Dynamics of families including mental health, substance abuse, domestic violence, and poverty;

(D)   Relevant state laws, regulations and policies; 

(E)   Relevant federal laws, regulations and policies, including the Adoption and Safe Families Act (ASFA), the Child Abuse Prevention and Treatment Act (CAPTA), the Indian Child Welfare Act (ICWA), and the Multi Ethnic Placement Act (MEPA):

(F) Confidentiality and record keeping practices;

(G) Child development;

(H) Child abuse and neglect;

(I) Permanency planning;

(J) Community agencies and resources available to meet the needs of children and families;

(K) Communication and information gathering;

(L) Effective advocacy;

(M) Cultural competency; 

(N) Special needs of the children served; 

(O) Volunteer safety; 

(P) Educational advocacy.

(f) Each GAL program shall manage its operations in accordance with generally accepted financial and risk management practices and applicable federal, state, and local statutory requirements.

(g) Each GAL program shall purchase liability protection for its governing body, organization, program staff, and volunteers to the extent that such individuals are not otherwise immune from liability under Idaho law.

(h) Each GAL program shall maintain management information and data necessary to plan and evaluate its services. 

(i) Each GAL program shall maintain complete, accurate, and current case records and shall follow local policies for acceptance and assignment of GAL cases.

(j) Each GAL program shall maintain confidentiality of all information regarding a case and shall not disclose such information except to the court or to other parties to the case and to the Department of Health and Welfare, whether or not a party. This duty of confidentiality is not extinguished by the dismissal of the case. Each GAL program shall follow written policies and procedures regarding access to, use of, and release of information about the children it serves to ensure that children's confidentiality is maintained at all times.

(k) Each GAL program shall complete the following national fingerprint based criminal records checks which shall include a complete check of the Idaho Sex Offender Registry maintained by the Idaho State Police and of the Child Abuse Registry maintained by the Idaho Department of Health & Welfare.

(1) GAL volunteers shall obtain a national fingerprint based criminal records check prior to being assigned a case, and shall obtain a national fingerprint based criminal records check at least every four years thereafter and at any time requested by the Program Director;

(2)  GAL program staff shall obtain a national fingerprint based criminal records check at the time of hire and shall obtain a national fingerprint based criminal records check at least every four years thereafter, and at any time requested by the Program Director; and,

(3)  Members of the Board of Directors of the GAL program shall obtain a national fingerprint based criminal records check upon appointment to the Board, and shall obtain a national fingerprint based criminal records check at least every four years thereafter, and at any time requested by the Board of Directors or the Program Director. 

(Revised Rule 35 - adopted August 21, 2006; amended April 26, 2007, effective July 1, 2007; amended April 27, 2012, effective July 1, 2012; amended April 11, 2023, effective July 1, 2023; amended April 15, 2024, effective July 1, 2024.)

(a) As soon as practicable after the filing of the petition, the court shall appoint a guardian ad litem for the child as provided in I.C. § 16-1614.  

(b) Upon the resignation or removal of a guardian ad litem, the court shall appoint a successor guardian ad litem for the child or children in accordance with I.C. § 16-1614.

(c) Subject to the direction of the court, the guardian ad litem shall maintain all information regarding the case confidential and shall not disclose the same except to the court or to other parties to the case or to the Department of Health and Welfare, whether or not a party.  This duty of confidentiality is not extinguished by the resignation of the guardian ad litem; the removal of the guardian ad litem, or the dismissal of the case.

(Revised Rule 36 - adopted August 21, 2006; amended April 27, 2012, effective July 1, 2012.)

(a) For a child under the age of twelve (12) years, the court shall appoint a guardian ad litem for the child or children and shall appoint counsel to represent the guardian ad litem, unless the guardian ad litem is already represented by counsel.  The court may appoint separate counsel for the child or children under the age of twelve (12) years in appropriate cases. The court may consider the nature of the case, the child's age, maturity, intellectual ability, ability to direct the activities of counsel and other factors relevant to the appropriateness of appointing counsel for the child.

(b) If there is no qualified guardian ad litem program or qualified guardian ad litem available, the court shall appoint counsel for the child as provided in I.C. § 16-1614.  

(c) The parent(s), guardian, or legal custodian has the right to be represented by counsel in all proceedings before the court.  The court shall appoint counsel to represent the parent(s), guardian, or legal custodian if it finds that they are financially unable to pay for such legal services, unless representation is competently and intelligently waived.

(d) Notice of the right to be represented by counsel, and at public expense where financial inability exists on the part of the parent(s), guardian, or legal custodian, should be given at the earliest possible time.  Notice shall be given in the summons, and at the outset of any hearing in which the parent(s), guardian, or legal custodian is making a first appearance before the court.

(Revised Rule 37 - adopted August 21, 2006; amended April 23, 2015, effective July 1, 2015.)

All or some of the parties may enter into stipulations as to any issue at any stage of a proceeding under the Child Protective Act.  Stipulations shall be made part of the court record, and are subject to court approval.  The court may enter orders or decrees based upon such stipulations only upon a reasonable inquiry by the court to confirm that the parties entered into the stipulation knowingly and voluntarily, that the stipulation has a reasonable basis in fact, and that the stipulation is in the best interest of the child.  Any order entered based on a stipulation must include all case-specific findings required by the state or federal statute or these rules.

(Revised Rule 38 - adopted August 21, 2006.)

(a) The purpose of the shelter care hearing is to determine whether the child will be placed in or remain in shelter care pending the adjudicatory hearing.

(b) The court shall schedule a shelter care hearing whenever a child or alleged offender is removed from the home as described in I.J.R. 31(a), (b), and (d), or upon the written motion or petition of the petitioner with or without prior removal of a child or alleged offender.  Once a Child Protective Act case is assigned to a magistrate, the magistrate retains 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. 

(c) When a child is taken into custody as described in I.J.R. 31(a) or (d), the court must hold a shelter-care hearing within 48 hours, excluding weekends and holidays.

(d) When an alleged offender is removed from the home under I.J.R. 31(a), the court must hold a shelter-care hearing within 24 hours, excluding weekends and holidays.

(e) The Idaho Rules of Evidence, other than those regarding privileges, do not apply in a shelter-care hearing as provided in I.R.E. 101(e)(6).

(f) The shelter-care hearing may be continued for a reasonable time by request of the parent(s), guardian, or custodian of the child upon entry of a waiver of the statutory time limits for setting the shelter-care hearing. The court may also grant a reasonable continuance to all other parties or participants upon good cause shown.

(g) At the time of the shelter-care hearing, the court shall advise the child, if present, and the parent(s), guardian, or custodian of their right to be represented by an attorney and, if financially unable to hire an attorney, of their right to be represented by a court-appointed attorney. The court should verify that each party has a copy of the petition and they are advised of the allegations therein; the purpose and scope of the hearing; the possible consequences of the proceedings, including termination of parental rights; the right of the parties to present evidence and to cross-examine witnesses regarding whether the child should be placed in the care of the department; and that failure to appear at future hearings could result in a finding that the petition has been proved, issuance of an order adjudicating that the child is in need of protection or services, and an order transferring permanent legal and physical custody of the child to another.

(h) The shelter-care hearing in its entirety shall be placed upon the record, and the general public shall be excluded in the manner set forth in I.J.R. 52. 

(i) Pursuant to I.C. § 16-1615(5), and following receipt of evidence at the shelter care hearing, the court shall enter an order of shelter care/protective order if shown that:

(1) A petition has been filed; and

(2) Reasonable cause exists to believe that the child comes within the jurisdiction of the C.P.A.; and

(3) The department made reasonable efforts to eliminate the need for shelter care but the efforts were unsuccessful; or the department made reasonable efforts to eliminate the need for shelter care but was not able to safely provide preventative services; and 

(4) The child could not be placed in the temporary sole custody of a parent having joint legal or physical custody; and

(5) It is contrary to the welfare of the child to remain in the home; and

(6) It is in the best interest of the child to remain in shelter care pending the adjudicatory hearing.

The court's findings as to reasonable efforts to prevent removal shall be in writing, and case-specific.  If the shelter care order is the first order sanctioning removal of the child from the home, the court shall make written, case-specific findings that remaining in the home is contrary to the child's welfare and that vesting custody with the department or other authorized agency is in the best interest of the child.

(j) The court may enter a protective order as defined in I.C. § 16-1602(28), in addition to the shelter care order or instead of the shelter care order if it is shown that:

(1) Reasonable cause exists to believe the child comes within the purview of the C.P.A.; and

(2) A reasonable effort to prevent placement of the child outside the home could be effected by a protective order safeguarding the child's welfare.

(k) The court shall enter its order within 24 hours.  If the court enters an order placing the child in shelter care, then the court must set the adjudicatory hearing as soon as possible and not more than 30 days after the filing of the Child Protective Act petition, or the date the court orders a Juvenile Corrections Act case expanded to a Child Protective Act case, or service of the order of removal, whichever occurs later. If the court does not find that the child should remain in shelter care, the court may return the child to the home under a protective order, which will safeguard the child's health, safety or welfare, or may dismiss the petition.

(l) In making the determination as to whether shelter care of the child is required, the court shall consider any relevant facts consistent with subsection (i) of this rule, but generally the existence of any of the following facts will justify ordering temporary shelter care of the child:

(1) The child is in immediate need of medical treatment; or

(2) The child is seriously endangered in the child's surroundings and prompt removal appears to be necessary for the child's immediate protection; or

(3) The evidence indicates a danger that some action may be taken which would deprive the court of jurisdiction over the child; or

(m) At the shelter care hearing, or at any other time, upon notice and motion by any party, the court may make the following determinations, which shall temporarily suspend further efforts to reunify the child who is the subject of the action with the child's parent, pending further order of the court:

(1) when a termination of parental rights petition has been filed regarding this child; or

(2) there is reason to believe that aggravated circumstances exist; or

(3) the parental rights of the parent to a sibling have been terminated involuntarily.

(Revised Rule 39 - adopted August 21, 2006; amended April 26, 2007, effective July 1, 2007; amended April 27, 2012, effective July 1, 2012, amended April 24, 2013, effective July 1, 2013; amended March 29, 2016, effective July 1, 2016; amended November 5, 2020, effective January 1, 2021.)

Idaho Juvenile Rule 40. Notice of Further Proceedings (C.P.A.)

(a) Notice to Foster Parents, Preadoptive Parents, and Relatives Providing Care.

(1) Notice and Right to be Heard. After the adjudicatory hearing, the following persons designated by the Idaho Department of Health and Welfare (department) to provide care for the child must be provided notice of, and a right to be heard, in hearings concerning the child:

(A) foster parent;

(B) preadoptive parent; or

(C) relative providing care for the child.

(2) Non-parties. A foster parent, preadoptive parent, or relative providing care for the child is not a party to the proceeding.

(3) Notice responsibility. The department must provide this notice and must confirm to the court that the notice was given.

(b) Participation by Child 8 and Over. After the adjudicatory hearing, a child age 8 or older, must be provided with notice of, and have a right to be heard, in person or in writing, in hearings concerning the child.

(1) Participation in Writing. If the child chooses to be heard in writing:

(A) the writing must be filed;

(B) a copy provided to each party;

(C) a copy provided to the department, whether or not a party; and

(D) the writing must be considered by the court.

(2) Hearing.

(A) The court may continue a hearing if notice is not given or the child does not appear.

(B) This rule does not replace the Idaho Rules of Evidence in a proceeding where those rules apply.

(3) Notice Responsibility. The department must provide this notice and confirm to the court that the notice was given.

(c) Participation by Youth 12 and Over. Youth age 12 and older must attend their review and permanency hearings in person or telephonically, unless:

(1) the youth declines in writing before the hearing;

(2) the youth declines through counsel; or

(3) the court finds good cause to excuse the youth from attending.

(d) Notice. Notice of the time, date, and place of further proceedings after an initial appearance or service of summons may be given:

(1) in open court, by written acknowledgment of receipt; or

(2) by mail. Notice is acceptable if:

(A) the clerk deposits the notice in the United States mail, postage prepaid, to the address provided by the party to the court or mails it to the person’s last known address, or the address at which the person was initially served, and files a certificate of such service, or

(B) the notice is sent by registered or certified mail.

(e) Form. The notice of hearing must conform to the format found in Appendix A of these rules.

(Revised Rule 40 - adopted August 21, 2006; amended December 5, 2007; amended April 27, 2012, effective July 1, 2012; amended December 10, 2015, effective July 1, 2016; amended September 11, 2024, effective September 11, 2024; amended June 30, 2025, effective July 1, 2025.)

(a)  The purpose of the adjudicatory hearing is to determine: (1) whether the child is within the jurisdiction of the court under the Child Protective Act as set forth in I.C. §§ 16-1603; and (2) if jurisdiction is found, to determine the disposition of the child.  The court may also determine whether aggravated circumstances exist, if aggravated circumstances were alleged in the petition or raised by written motion with notice to the parents prior to the adjudicatory hearing. The court may make an aggravated circumstances determination at any time after the adjudicatory hearing if aggravated circumstances is raised by written motion with notice to the parents prior to the hearing. 

(b)  The hearing shall be scheduled as set forth in I.C. § 16-1619.  The hearing may not be continued more than 60 days from the date the child was removed from the home, unless the court has made case-specific, written findings as to whether the department made reasonable efforts to prevent the need to remove the child from the home.  

(c)  The hearing shall be conducted in an informal manner.  The Idaho Rules of Evidence apply to the portion of the hearing where jurisdiction and/or aggravated circumstances is determined.  The Idaho Rules of Evidence do not apply to disposition or any other portion of the hearing.

(d) In the event the court finds the child is within the jurisdiction of the court under the Child Protective Act, it shall make findings of fact and conclusions of law indicating the basis of jurisdiction.

(e)  If the court finds that the child is within the jurisdiction of the court under the Child Protective Act, and if the court places the child in the custody of the department, and if the court does not find that the parent subjected the child to aggravated circumstances, then the court shall make written, case-specific findings that the department made reasonable efforts to eliminate the need for shelter care but the efforts were unsuccessful or that the department made reasonable efforts to eliminate the need for shelter care but was not able to safely provide preventative services.  

(f)  If the adjudicatory decree is the first order of the court sanctioning removal of the child from the home, the court shall make a written, case-specific finding that remaining in the home is contrary to the welfare of the child, or, in the alternative, removal from the home is in the best interest of the child.  

(g) If the court finds that the child is within the jurisdiction of the court under the Child Protective Act, and if the court vests legal custody of the child in the department, and the court does not find that the parent subjected the child to aggravated circumstances, then the court shall order the department to prepare a written case plan, to be filed with the court and served upon the parties five days prior to the hearing on the case plan. The department shall consult with the guardian ad litem and the child's parents in preparing the plan.  

(h) If the court finds that the child is within the jurisdiction of the court under the Child Protective Act, and the court places the child under the protective supervision of the department, then the court shall order the department to prepare a written case plan, to be filed with the court and served upon the parties five days prior to the hearing on the case plan.  The department shall consult with the guardian ad litem and the child's parents in preparing the plan.  

(i) If the court finds that the child is within the jurisdiction of the court under the Child Protective Act, and finds that the parent has subjected the child to aggravated circumstances, then the court shall order the department to prepare a written permanency plan, to be filed with the court and served upon the parties five days prior to the hearing on the permanency plan.  The department shall consult with the guardian ad litem, and the child's parents in preparing the plan.  

(Revised Rule 41 - adopted August 21, 2006; amended April 26, 2007, effective July 1, 2007, amended April 24, 2013, effective July 1, 2013.)

Idaho Juvenile Rule 41A. Discovery for Adjudicatory Hearing (C.P.A.)

(a)  Scope.  The timeline for adjudicating cases under the Child Protective Act is condensed and requires more expedited discovery than is established by the Idaho Rules of Civil Procedure.  To facilitate child protection timelines, the requirements for disclosure of witnesses, documents, and other evidence to be used at the adjudicatory hearing are governed by this rule.  Other formal discovery, including but not limited to, discovery disclosure provided in the Idaho Rules of Civil Procedure, do not apply unless otherwise ordered by the court.

(b)  Mandatory Disclosures.  Without necessity of a request by another party and no later than 7 days prior to the adjudicatory hearing, each party must disclose in writing, to every other party, the following information:

(1) Disclosure of non-expert witnesses. The name, address, telephone number, email address, if known, of any witness whom the disclosing party may call at the adjudicatory hearing, including known potential impeachment witnesses, together with a short and plain statement of the witness’s expected testimony;

(2) Disclosure of expert witnesses. The name, address, telephone number and email address, if known, of any person whom the disclosing party expects to call as an expert witness at the adjudicatory hearing together with a written summary of opinions to be expressed and the basis and reason for the opinions, a copy of any report prepared in anticipation of trial, and any exhibits the witness may rely on while testifying;

(3) Documents and electronically stored information. Any documents or electronically stored information relied upon or intended to be introduced into evidence at the adjudicatory hearing by the disclosing party. This includes, but is in not limited to, documents and electronically stored information in the possession of law enforcement agencies, the Department of Health and Welfare, or other witnesses or experts over whom the disclosing party has control and which documents or electronically stored information in any way relate to the investigation of the child and circumstances which are the subject of the pending child protection case.

(c) Depositions. Depositions may be taken only upon order of the court. The court must first find that the proposed testimony is material, and the desired testimony should be preserved because there is a reasonable likelihood that the prospective witness will be unavailable for the adjudicatory hearing.

(d) Continuing duty to disclose. The duty to disclose under this rule is a continuing duty until the conclusion of the adjudicatory hearing, and each party is required to make additional, amended, or supplemental disclosures as soon as practicable in the event new or different information is discovered or revealed.

(e) Service and filing. The party serving disclosures must file with the court a notice of when the disclosures were served and upon whom. Unless the court orders otherwise, the disclosures will not be filed with the court.

(f) Confidentiality. Any documents, electronically stored information, or information disclosed pursuant to this rule must only be used by counsel, parties, the Department of Health and Welfare, or expert witnesses for the purposes of preparing for the adjudicatory hearing and other proceedings under the Child Protective Act. No document or electronically stored information will be disclosed or distributed to any other person or entity not authorized by this rule without prior approval of the court. Disclosure of protected information, documents, or electronically stored information in violation of this rule may constitute contempt of court. The court may issue additional orders regarding discovery, as needed in the case.

(g) Failure to Comply. If a party fails to disclose in accordance with this rule, in the exercise of discretion, the court may grant a continuance, prohibit the party from calling the witness or introducing evidence not disclosed, or enter such other order as it deems just under the circumstances. In determining the consequences for failure to comply, the court will consider the reason for the failure to disclose, the probative value of the evidence, prejudice to any party, the best interest of the child, and any other factor deemed relevant by the court. If a continuance is granted, the hearing must be held, and the required findings must be made no later than 60 days from the date of the removal.

(Adopted March 12, 2024, effective July 1, 2024.)

If the court vests legal custody of the child in the department, then extended home visits must be approved by the court in writing prior to the extended home visit.  For purposes of this rule, an extended home visit is any period of unsupervised visitation between the parent, guardian or legal custodian and the child that exceeds forty-eight (48) hours duration.  

(a) The court may authorize an extended home visit for a period not to exceed six (6) months from the date the order was filed.  The court may authorize additional periods of extended home visit only after conducting a review hearing to determine the appropriateness of maintaining the child in the legal custody of the department.  In the event the court approves an extended home visit beyond six (6) months, the court shall conduct a hearing to review the extended home visit no less than every forty-two (42) days to address the efforts and progress toward a change in legal custody.

(b)  The department may terminate an extended home visit without prior court approval when, in the determination of the department, termination of the extended home visit and removal of the child is in the best interest of the child.  If the department terminates an extended home visit, the department shall prepare a written statement, setting forth when the extended home visit was terminated and the reason(s) for terminating the extended home visit.  The statement shall be filed with the court within forty-eight (48) hours (excluding weekends and holidays) of the termination of the extended home visit, and shall be mailed or otherwise provided to the parties.  

(Revised Rule 42 - adopted August 21, 2006; amended June 4, 2020, effective July 1, 2020.)

Idaho Juvenile Rule 43.  Judicial Review of Placement, Judicial Approval of Out-of-State Placement, and Judicial Approval of Placement in a Qualified Residential Treatment Program (C.P.A.)

(1) This rule does not apply to extended home visits, which are addressed in IJR 42, to return to home under protective supervision, which is addressed in I.C. § 16-1622, or to the removal of a child who is in the custody of a parent under the protective supervision of the department, which is addressed in I.C. § 16-1623.  

(2) When legal custody of a child is vested in the department, the department will include information about the child’s placement in the Report of Investigation and every report or plan filed thereafter with the court.  The report or plan will identify the child’s placement, whether there has been a change in placement since the last hearing, and if so, the reasons for the change in placement, and the reasons for the selection of the new placement.  If safety reasons prevent identifying the placement, the plan or report will describe the nature of the placement and the safety reasons preventing identification of the placement. 

(3) The court will approve the department’s placement unless the court finds by a preponderance of the evidence that the placement is not in the best interest of the child.

(4) Judicial Review of Placement

(a) Where legal custody of a child is vested in the department, any party or counsel for a child may, at or after the disposition phase of the Adjudicatory Hearing, file and serve a written motion to contest matters relating to the placement of the child by the department.  The motion will be accompanied by a supporting affidavit that sets forth the reasons why the court should not approve the placement.  The department will file and serve a written response to the motion within seven (7) days of the filing of the motion.  The response will be supported by an affidavit that sets forth the reasons why the court should approve the placement.  Any other party, or counsel for the child, may also file and serve a written response to the motion, within seven (7) days of the filing of the motion.  The response may be supported by an affidavit that may set forth the reasons why the placement should or should not be approved.  Any party filing a motion or response may waive the right to a hearing. Copies of motions contesting placement, responses, and supporting affidavits will be served on all parties, the department and counsel for the child.   

(b) Within fourteen (14) days of the filing of the motion, the court will schedule a hearing on the motion, unless waived by the moving party and all responding parties. The hearing must be held no later than thirty days (30) days from the date the motion was filed.  If the court approves the placement, the court will enter an order denying the motion.  If the court does not approve the placement, the court will enter an order directing the department to identify and implement an alternative placement in accordance with applicable law.

(5) Judicial Approval of Out-of-State Placement

When legal custody of a child is vested in the department and the department proposes to place the child out-of-state, the department will file a written motion for approval of out-of-state placement.  The motion will be accompanied by a supporting affidavit that sets forth the reasons for the placement.  The motion will also be accompanied by documentation showing that the placement complies with the Interstate Compact on the Placement of Children, Title 16, Chapter 21, Idaho Code.  Any party, or counsel for the child, may object to the motion by filing a written response, which shall be filed within fourteen (14) days of the filing of the motion.  The response will be accompanied by a supporting affidavit setting forth the reasons why the court should not approve the placement.   Within thirty (30) days of the date the motion was filed, the court will hold a hearing on the motion unless waived by the moving party and all responding parties.

(6) Judicial Approval of Placement in a Qualified Residential Treatment Program

(a) When legal custody of a child is vested in the department and the child has been placed in a qualified residential treatment program, the court must approve or disapprove the placement within sixty (60) days from the date of placement.

(b) Anytime a child is placed in a qualified residential program, the department shall file a notice with the court within seven (7) days of the placement and shall file an amendment to the case plan with a copy of the assessment report by the qualified individual within five (5) days of receipt of the assessment report but not later than thirty five (35) days from the date of the placement.

(c) Any party, the department of health and welfare or counsel for the child may file a written response to the assessment report or amendment to the case plan within seven (7) days of the filing of the assessment. The response will set forth the reasons why the court should or should not approve the placement or be accompanied by a supporting affidavit.

(d) Within fourteen (14) days of the filing of the assessment, the court will hold a hearing to review the assessment and rule on the matter unless the hearing is waived by the parties. The order approving or disapproving the placement must be entered not later than sixty (60) days from the date of the placement. If the court approves the placement in a qualified residential treatment program, the court shall order the amended case plan for the child. If the court does not approve the placement in the qualified residential treatment program, placement will be decided by the legal custodian.

(Adopted July 1, 2016, effective July 1, 2016; amended October 15, 2021, effective October 15, 2021.)

(a) Case Plan: No Finding of Aggravated Circumstances.

(1) Absent a finding of aggravated circumstances, the case plan shall provide that reunification must be finalized within twelve (12) months from the date the child is removed from the home. If in the child's best interest, the court may approve an amendment to the case plan extending the time to finalize reunification for up to three (3) months.

(2) Absent a finding of aggravated circumstances, if the case plan has a concurrent permanency goal of guardianship, the case plan shall include a schedule to finalize the guardianship within thirteen (13) months from the date the child was removed from the home. Any amendment to the case plan to extend the time to finalize the guardianship must be approved by the court.

(b) Permanency Plan- Aggravated Circumstances Found.

(1) If the permanency plan has a permanency goal of guardianship, the permanency plan will include a schedule to finalize the guardianship within five (5) months from the date of the judicial determination of aggravated circumstances. Amendments to the permanency plan to extend the time to finalize the guardianship must be approved by the court.

(2) If the permanency plan has a permanency goal of termination of parental rights and adoption, the permanency plan shall include a schedule to finalize the termination of parental rights within six (6) months from the approval of the permanency plan, and has the objective of finalizing the adoption within twelve (12) months from the approval of the permanency plan. Amendments to the permanency plan to extend the time to finalize the termination of parental rights or the adoption must be approved by the court.

(3) If the court approves a permanency plan with a permanency goal of termination of parental rights and adoption, the court shall order the department to file a petition to terminate parental rights within thirty (30) days of approval of the permanency plan and shall enter a scheduling order that complies with the time limits of this rule and implements the schedule set forth in the permanency plan. The scheduling order may include, but is not limited to, deadlines for filing the petition for termination of parental rights and service of process, the date and time of hearing in the event the petition is not contested, and the date and time of pretrial conference and trial in the event the petition is contested.

(Revised Rule 44 - adopted August 21, 2006; amended, effective November 13, 2008, amended April 24, 2013, effective July 1, 2013.)

Idaho Juvenile Rule 45. Review Hearings (C.P.A.)

(a) Timing. The court must hold a hearing to review the child’s case and permanency plan no later than 6 months after the entry of the court’s order taking jurisdiction, and every 2 months after.

(b) Review Hearings. At review hearings, the court must review compliance with the case plan or the permanency plan (whichever is in place) and the Idaho Department of Health and Welfare’s (department’s) progress in achieving permanency for the child. The court may:

(1) modify the case plan or permanency plan;

(2) modify the disposition of the child (if a child was placed under the protective supervision of the department, modification is subject to I.C. § section 16-1623);

(3) determine whether the department has made reasonable efforts to finalize a permanency plan; and in the case of a child who will not be returned to a parent, review the department's consideration of options for in-state and out-of-state placement of the child; or

(4) enter orders to ensure progress towards achieving permanency for the child.

(c) Continuance. The court may continue a review hearing for a short period to give the parties time to respond to substantive issues raised for the first time at a review hearing. The court may enter temporary orders pending the continued hearing.

(d) Combined Review and Annual Permanency Hearing. If a review hearing is combined with the annual permanency hearing described at I.C. §§ 16-1620 or 16-1622, the court must order the department to prepare a written permanency plan. The permanency plan must be filed with the court and served on the parties at least 5 days before the hearing. For hearings required by I.C. § 16-1622(1)(a), the department and guardian ad litem must file reports to the court no later than 5 days prior to the hearing.

(Revised Rule 45 - adopted August 21, 2006; amended, effective November 13, 2008, amended April 24, 2013, effective July 1, 2013; amended March 29, 2016, effective July 1, 2016; amended June 30, 2025, effective July 1, 2025.)

(a) If the permanency plan has a permanency goal of termination of parental rights and adoption, the permanency plan shall include a schedule which has the objective of finalizing the termination of parental rights within eighteen (18) months from the date the child was removed from the home, and has the objective of finalizing the adoption within twenty-four(24) months from the date the child was removed from the home. Amendments to the permanency plan to extend the time to finalize the termination of parental rights or the adoption must be approved by the court.

(b) If the court approves a permanency plan with a permanency goal of termination ofparental rights and adoption, the court shall order the department to file a petition to terminate parental rights within thirty (30) days of approval of the permanency plan and shall enter a scheduling order that complies with the time limits set forth in this rule and implements the schedule set forth in the permanency plan. The scheduling order may include, but is not limited to, deadlines for filing the petition for termination of parental rights and service of process, the date and time of hearing in the event the petition is not contested, and the date and time of pretrial conference and trial in the event the petition is contested, with the objective of finalizing the proceedings on the petition within six (6) months of the date of the permanency hearing.

(Revised Rule 46 - adopted August 21, 2006; amended, effective November 13, 2008, amended April 24, 2013, effective July 1, 2013.)

Any C.P.A. disposition or case plan may be modified or revoked at any time that the court has jurisdiction over the child. If the modification is to remove a child from the home who has been placed there under protective supervision, then the modification shall be made in accordance with the procedure set forth in I.C. § 16-1623.

(Revised Rule 47 - adopted August 21, 2006.)

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

(a) Petition for Termination. A petition for termination of the parent child relationship may be filed after entry of a decree finding that the child is within the jurisdiction of the court under the Child Protective Act (C.P.A.) as governed by I.C. § 16-1624 and Idaho Code, title 16, chapter 20.

(b) Where Filed. The petition to terminate parental rights must be filed in the same case as the C.P.A. proceeding, for purposes of judicial administration. Appointments of attorneys and guardians ad litem in the C.P.A. proceeding must remain in effect for termination proceedings, unless the court orders otherwise.

(c) Judicial Assignment. The termination proceeding must be assigned to the same magistrate as the C.P.A. proceeding and such magistrate shall retain responsibility for the case until its conclusion. A different magistrate may only be assigned when:

(1) the presiding judge no longer holds the same judicial office; or

(2) other extraordinary circumstances exist, such as the judge’s disqualification, death, illness, or disability.

(d) Service. The petitioner must serve process as required by Idaho Code, title 16, chapter 20 concerning termination of parental rights.

(e) Idaho Rules of Evidence. The petitioner in a termination proceeding must meet its burden of proof through evidence admissible under the Idaho Rules of Evidence. The court record in the C.P.A. proceeding may not be used to meet the petitioner's burden of proof in the termination proceeding, unless:

(1) the part offered is admissible under the Idaho Rules of Evidence; or

(2) the parties stipulate to its admission.

(Revised Rule 48 - adopted August 21, 2006; amended November 5, 2020, effective January 1, 2021; amended June 30, 2025, effective July 1, 2025.)

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

(a) Consent to Termination. When a petition for termination of parent child relationship (petition for termination) has been initiated by the department of health and welfare pertaining to a child who is in the legal custody of the department, a parent may consent to the termination of their parental rights (consent).

(b) Form. The consent must be in the same form prescribed in Appendix B of these rules.

(c) In State Consent to Termination. The consent must be witnessed, on the record, by a district or magistrate judge for the state of Idaho.

(d) Out of State Consent to Termination. The court must accept a consent, or a surrender and release executed in another state if:

(1) It is witnessed by a magistrate or district judge of the state where signed, or

(2) The court receives an affidavit or a certificate from a court of comparable jurisdiction stating that the consent or surrender and release was executed in accordance with the laws of the state in which it was executed, or the court is satisfied by other showing that the consent or surrender and release was executed in accordance with the laws of the state in which it was executed.

(e) Hearing on the Petition. The court must hold a hearing on a petition to terminate a parent’s rights unless a consent signed by that parent of the child has been filed.

(Adopted June 30, 2025, effective July 1, 2025.)

(a) An aggrieved party may appeal to the district court those orders of the court in a C.P.A. action specified in I.C. § 16-1625. A party may also seek a permissive appeal to the Supreme Court pursuant to Idaho Appellate Rule. 12.1.

(b) During the pendency of an appeal of a C.P.A. proceeding, or of an order, decree or judgment terminating parental rights, from the magistrate's division to the district court, and any further appeal to the Supreme Court, the magistrate shall continue to conduct review hearings and annual permanency hearings pursuant to I.C. § 16-1622 and to enter orders thereon, unless otherwise ordered by the district judge or the Supreme Court.  If the district judge or the Supreme Court orders that the magistrate judge shall not conduct the review hearings and annual permanency hearings, then the district judge or the Supreme Court will conduct the review hearings and annual permanency hearings.

(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. 

(Adopted August 21, 2006; amended March 19, 2009, effective July 1, 2009; amended November 5, 2020, effective January 1, 2021.)

(a) Transfer of venue in a case under the Child Protective Act is governed by these rules and is not subject to the Idaho Rules of Civil Procedure.

(b) Venue in a case under Child Protective Act may not be transferred prior to the entry of a decree finding the child within the jurisdiction of the court under the Child Protective Act.

(c) In the discretion of the court, venue in a case arising under the Child Protective Act may be transferred when the following conditions exist:

(1) The court has entered a decree finding the child within the jurisdiction of the court under the Child Protective Act;

(2) It is in the best interest of the child; 

(3) All parties either agree or do not object to the transfer; 

(4) The Department of Health & Welfare is able and ready to provide services in case management in the new county; 

(5) The parents or a parent who is the subject of a reunification plan lives in the receiving county; 

(6) Prior to the transfer, the judge of the sending county court will communicate either verbally or in writing and obtain consent to the transfer from a judge of the receiving county court; and 

(7) All currently needed hearings and findings have been completed and transfer will not jeopardize the ability of the court or parties to comply with the time requirements of the Child Protective Act or these rules.

(d) Counsel of record and guardians ad litem shall continue in the case unless there is a stipulation for substitution of counsel and/or guardians ad litem with the new counsel or guardians ad litem or an order of the receiving court allowing withdrawal of counsel or guardians ad litem.

(e) If a case is transferred, the clerk shall forward the original file to the receiving court and shall maintain a copy of the file in the sending jurisdiction for record purposes and shall, if possible, transfer any ISTARS record to the receiving county.  

(f) The receiving county will conduct a review hearing of the case status within sixty (60) days of receipt of the file.  

( Revised Rule 50 - adopted August 21, 2006.)

(a) The Idaho Rules of Evidence shall apply to J.C.A. proceedings except in the following situations:

(1) Detention review hearings.  Pre-adjudication detention hearings held under I.C. § 20-516 and Idaho Juvenile Rule 7.

(2) Sentencing hearings.  Sentencing hearings held under I.C. § 20-520 and Idaho Juvenile Rule 17.

(b) The Idaho Rules of Evidence shall apply in C.P.A proceedings only to the portion of the adjudicatory hearing where jurisdiction is being determined, or to the portion of any hearing where aggravated circumstances is being determined.  

(c) Where a petition to terminate parental rights has been filed in a C.P.A. case, the Idaho Rules of Evidence shall apply to proceedings on the petition to terminate.

(d) The Idaho Rules of Evidence shall not apply in proceedings under I.C. § 20-511A and Idaho Juvenile Rule 54.

(Revised Rule 51 - adopted August 21, 2006, amended April 24, 2013, effective July 1, 2013.)

(a) All C.P.A. hearings shall be closed to the public, except for those persons found by the court to have a direct interest in the case or in the work of the court.

(b) All Juvenile Correction Act proceedings on a petition filed under I.C. § 20-510 shall be closed to the public except for those persons found by the court to have a direct interest in the case or who work for the court, until a admit/deny hearing is held pursuant to Idaho Juvenile Rule 6 to permit the parties to request that the court consider, or permit the court to consider on its own motion, closing the proceedings.  Thereafter the proceedings shall be open unless the court enters an order closing them.  At the admit/deny hearing, the court shall make a determination whether the proceedings shall be opened or closed to the public as provided in (1) and (2) below:

(1) Juvenile Correction Act proceedings brought against any juvenile under the age of fourteen (14) or brought against a juvenile fourteen (14) years or older who is charged with an act that would not be a felony if committed by an adult may be closed to the public at the court's discretion by a written order made in each case.

(2) Juvenile Correction Act proceedings brought against a juvenile fourteen  (14) years or older who is charged with an act that would be a felony if committed by an adult shall be open to the public unless the court determines by a written order made in each case that extraordinary circumstances exist which justify that the proceedings should be confidential.

(c) All hearings and screening team meetings held pursuant to I.C. § 20-511A and Idaho Juvenile Rule 54 shall be closed to the public.

(d) Notwithstanding any other provision of this rule, in every case the court may exclude the public from a proceeding during the testimony of a child witness or child victim if the court determines that the exclusion of the public is necessary to protect the welfare of the child witness or child victim.

(e) Persons found by the court to have a direct interest in the case or who work for the court may attend all Juvenile Corrections Act proceedings.

(f) If a juvenile fourteen (14) years or older who is charged with an act which would be a felony if committed by an adult is found not to have committed an act that would be a felony if committed by an adult, or the charge is reduced to allege an act that would not constitute a felony if committed by an adult, all further court proceedings may be closed upon written order of the court made in each case.

(g) If a petition filed against a juvenile fourteen (14) years or older alleges acts committed by the juvenile which would be a felony if committed by an adult, and acts which would be a misdemeanor if committed by an adult or a status offense, or if separate petitions are filed against a juvenile fourteen (14) years of age or older which, if consolidated, allege acts which would be a felony if committed by an adult, and acts which would be a misdemeanor if committed by an adult or a status offense, the proceedings relating to all of the charges, including those charges alleging acts which would be a misdemeanor if committed by an adult or a status offense, shall be open to the public as though all of the charges allege acts which would be felonies if committed by an adult.  The case records and files of the proceedings in such a case shall be subject to the disclosure provisions of Idaho Juvenile Rule 53 and Rule 32 of the Idaho Court Administrative Rules.

Comment of the Child Protection Committee

This rule gives the court broad discretion on who may attend juvenile proceedings.  The direct interest standard can be considered on a case-by-case basis.  This standard is consistent with I.C. § 16-1613.

(Revised Rule 52 - adopted August 21, 2006.)

A court shall not disclose any of the contents of a case file of any action brought under the Juvenile Corrections Act or the Child Protective Act, nor other records of such proceedings, except as authorized under Rule 32 of the Idaho Court Administrative Rules and I. C. § 16-1626 (addressing the disclosure of judicial records.)

(Revised Rule 53 - adopted August 21, 2006).

(a) As used in this rule, 'interested parties' means:

(1) in Juvenile Corrections Act proceedings, the juvenile, the juvenile's parents, guardians and custodians, the juvenile's counsel, the prosecuting attorney, the department of health and welfare, the department of juvenile corrections, county probation and any other agencies or persons designated by the court.

(2) in Child Protective Act proceedings, the child, the child's parents, guardians and custodians, the child's counsel if any, the child's guardian ad litem if any, the attorney general or prosecuting attorney appearing in the case, the department of health and welfare, and any other agencies or persons designated by the court.

(b) When the court has reason to believe that the conditions specified in I.C. § 20-511A(1)(a) and (b) are present, the court may order the department of health and welfare to submit appropriate mental health assessments and a plan of treatment for the court's approval.  The order shall set a time for the submission of the mental health assessment and plan of treatment, which time may be extended for good cause.  Notice of the order shall be given to all interested parties.  The order shall give notice to the parents of the juvenile or child that initial costs of the preparation of the assessment and plan of treatment, and of any additional evaluation and/or recommendations under Idaho Code § 20-511A(3) and subsection (e) of this rule, may be borne by the department of health and welfare, but that, pursuant to I.C. § 20-511A(5), these costs and all costs associated with assessment and treatment shall be the responsibility of the parents according to their ability to pay based upon the sliding fee scale established pursuant to I.C. § 16-2433.

(c) At any time after determining that there is reason to believe that the conditions specified in I.C. § 20-511A(1)(a) and (b) are present, the court may order the convening of a screening team consisting of representatives from the department of health and welfare, county probation, local school officials, teen early intervention specialists as provided for under I.C. § 16-2404A, the department of juvenile corrections and/or other agencies or persons designated by the court. The screening team shall review the mental health assessment and plan of treatment and any other relevant information and make written recommendations to the court. Any parents or guardians of the juvenile or child who are available shall be included in the screening team and consulted with regard to the plan of treatment.  The order shall set a time for the submission of the written recommendations, which time may be extended for good cause.  The order shall designate a leading member of the screening team, who shall have the responsibility for scheduling meetings and submitting the written recommendations of the screening team to the court.  Notice of the order shall be given to all interested parties.

(d) The court may:

(1) order any agencies that have treated or had custody of the juvenile or child to release any pertinent information or records to the department of health and welfare for the purpose of mental health assessment and preparation of a plan of treatment;

(2) order the department of health and welfare, county probation, school officials and the department of juvenile corrections to release all pertinent information regarding the juvenile or child to the court and and/or the screening team; and 

(3) require the parents or guardians of the juvenile or child, and where appropriate require the juvenile or child, to allow information pertinent to the assessment or treatment of the child to be released to the department of health and welfare, the court and/or the screening team.  

(e) If the court, after receiving the mental health assessment  and  plan of  treatment submitted by the department of health and welfare and any recommendations from the screening team, determines that additional information is necessary  to determine whether the conditions specified in I.C. § 20-511A(1)(a) and (b) are present, or to determine an appropriate plan of treatment for the juvenile, the court may order an evaluation and/or recommendations for treatment to be furnished by a psychiatrist, licensed physician or licensed psychologist, with the expenses of such evaluation and/or recommendations to be borne by the department of health and welfare.

(f) After receiving the mental health assessment and plan of treatment from the department of health and welfare, any written recommendations from the screening team and any additional evaluations or recommendations for treatment, the court may make a determination of whether the conditions specified in I.C. § 20-511A(1)(a) and (b) are present.  If the court finds that such conditions are present, the court shall order mental health treatment in accordance with a plan of treatment approved by the court.  However, the court shall first hold a hearing before making such determination or entering such order if:  

(1) the court determines that a hearing would be helpful in making such determinations or fashioning the order; or

(2) any interested party objects to the entry of such a determination or order; or

(3) in-patient or residential treatment would be required as part of the plan of treatment, unless the hearing is waived by the juvenile or child and the parents or guardians of the juvenile or child.  Notice of the hearing shall be given to all interested parties.

(g) At the hearing, the court shall consider the mental health assessment and plan of treatment submitted by the department of health and welfare, the recommendations of the screening team and any additional evaluation or recommendations for treatment.  The parties may present evidence in support of, or opposed to, the information from any of these sources.  Each party shall have the right to present any relevant evidence on the issues of:  

(1) whether the conditions specified in I.C. § 20-511A(1)(a) and (b) are present; and

(2) what should be included in the plan of treatment, if any, ordered by the court.

(h) At the conclusion of the hearing, the court shall determine whether the conditions specified in I.C. § 20-511A(1)(a) and (b) are present.  If the court determines that such conditions are present, the court shall order mental health treatment for the juvenile or child in accordance with the plan of treatment approved by the court.  The court shall not order in-patient or residential treatment unless the court determines by clear and convincing evidence that the conditions specified in I.C. § 20-511A(1)(a) and (b) are present and that such treatment is required.

(i) Where the procedures set forth in I.C. § 20-511A and this rule are initiated in a Juvenile Corrections Act proceeding, any communications made by the juvenile to any person participating in an assessment, evaluation or preparation of a plan of treatment for the juvenile, and made for the purpose of such assessment, evaluation or preparation of a plan of treatment, shall not be used against the juvenile for any purpose in the evidentiary hearing in the Juvenile Corrections Act proceeding. 

(j) A review hearing will be held within 120 days of the order approving plan of treatment or more frequently as determined by the court. At the review hearing, the court will review compliance with the approved plan of treatment and any motions concerning the plan. The court may:

(1) order the approved plan of treatment remain in full force and effect;

(2) approve recommended modifications to the plan of treatment, as appropriate; or

(3) find the department of health and welfare children’s mental health program has fulfilled its obligations under the I.C. § 20-511A order approving plan of treatment.

(Adopted August 4, 2005, effective August 15, 2005; amended April 26, 2007, effective July 1, 2007; amended March 15, 2022, effective July 1, 2022.)

(a) The department of health and welfare may petition the court for review of voluntary out-of-home placement of children.    

(b) The petition shall be signed by the prosecutor or deputy attorney general before being filed with the court.  The petition shall be entitled ìIn the Matter of _______, a child under the age of eighteen (18) years, and shall be verified and set forth with specificity:

1. The name, birthdate, sex and residence address of the child;

2. The name and residence addresses of the child's parents, custodian, or guardian,

3. The date the child entered the voluntary out-of-home placement, and the nature and location of that placement,

4. A statement that review is sought to ensure the child's eligibility for federal funding for the placement, or statement of such other reasons for which the review is requested.  

5. The name of the parent, guardian, or custodian consenting to the placement, and in the case of a guardian or custodian, the basis for the guardian or custodian's authority to consent to treatment on behalf of the child, and a statement that the consent has not been withdrawn.  

6. A statement that continued voluntary out-of-home placement is in the best interest of the child. 

(c) In the case of a voluntary out-of-home placement, the petition shall be accompanied by an affidavit of the department setting forth the basis for the department's determination that continued voluntary out-of-home placement is in the best interest of the child.  In the case of a voluntary placement pursuant to the Children's Mental Health Services Act, the petition shall also be accompanied by an affidavit of the child's clinician setting forth the basis for the clinician's determination that the child is seriously emotionally disturbed, and is in need of continued out-of-home placement.      

(d) At or following the hearing, the court shall enter an order approving the placement if the court finds that:

1. A petition has been filed.

2. In the case of a voluntary out-of-home placement pursuant to the Children's Mental Health Services Act, the clinician's determination that the child is seriously emotionally disturbed and is in need of continued out-of-home placement is supported by information in the affidavit and/or the clinician's testimony at the hearing.

3. The child's parent, guardian, or custodian has consented to continuation of the placement, and in the case of a guardian or custodian, that the guardian or custodian has authority to consent to treatment on behalf of the child.

4. The voluntary out-of-home placement of the child is in the best interest of the child. 

(e) The court's best interest finding shall be in writing and shall be case-specific.

(f) This procedure shall not be used to convert a voluntary placement to an involuntary placement. 

(Adopted November 13, 2008)

Whenever these rules require or permit a written statement to be made under oath or affirmation, such statement may be made as provided in Idaho Code § 9-1406.

(Amended April 24, 2013, effective July 1, 2013.)

In any child custody proceeding where the court or any party knows or has reason to know that a child who is the subject of the proceedings is a member of, or is eligible for membership in an Indian tribe, notice of the proceedings shall be provided to the child's parent(s) or Indian custodian and to the appropriate Indian tribe.  If the child is an Indian child as defined by the Indian Child Welfare Act, then the provisions of the ICWA, 25 U.S.C. § 1901, et seq., and 25 C.F.R. § 23.11 shall apply.

(Revised Rule 58 - adopted August 21, 2006).

Idaho Juvenile Rule 59. Transition to Successful Adulthood Plan and Extended Foster Care (C.P.A.)

(a) Hearing on Youth’s Transition Plan. If a child is in the legal custody of the department or an authorized agency, the court must conduct a hearing no later than 60 days prior to the youth’s 18th birthday to discuss and review the youth’s transition to successful adulthood plan. Failure to conduct a hearing within 60 days does not preclude the court from considering a transition plan or ordering extended foster care. The court must review the plan with the youth to ensure the plan provides the services necessary for the youth to successfully transition to adulthood. The hearing may be combined with a permanency or review hearing.

(b) Youth’s Transition Plan and Extension of Foster Care. The department must file the youth’s transition plan no later than 7 days prior to the hearing. The plan shall include the youth’s desire regarding extended foster care. If the youth wishes to remain in foster care beyond age 18, the court may extend foster care under I.C. § 16-1622(5) if the youth is:

(1) completing secondary education or a program leading to an equivalent credential;

(2) enrolled in an institution which provides post-secondary or vocational education;

(3) participating in a program or activity designed to promote, or remove barriers to, employment;

(4) employed for at least 80 hours per month; or

(5) incapable of doing an activity described in paragraph (1) through (4) due to a medical condition, which incapability is supported by regularly updated information in the case plan of the youth.

(c) Review and Permanency Hearings. When the court orders extended foster care, the court must hold review and permanency hearings as governed by I.C. § 16-1622, at which the court shall also determine whether the youth continues to meet the requirement of subdivision (b). If at any time the youth no longer meets the requirements, the court must terminate extended foster care.

(d) Fixed Period of Time. The extension must be for a fixed period of time but must not extend past the youth's 23rd birthday.

(e) Attorney. Appointment of the youth’s attorney(s) in the proceeding must remain in effect during the extension, unless otherwise ordered by the court.

(Adopted April 28, 2022, effective July 1, 2022; amended effective March 25, 2025; amended June 30, 2025, effective July 1, 2025.)

These rules shall be known and cited as "The Idaho Juvenile Rules" (I.J.R.).  These rules shall take effect on July 1, 1996, and shall govern all proceedings pending on this effective date, or thereafter commenced.