(1) Every order of the court terminating the parent and child relationship or transferring legal custody or guardianship of the person of the child shall be in writing and shall recite the findings upon which such order is based, including findings pertaining to the court’s jurisdiction.
(2)  (a) If the court finds sufficient grounds exist for the termination of the parent and child relationship, it shall so decree and:
(i)   Appoint an individual as guardian of the child’s person, or
(ii)  Appoint an individual as guardian of the child’s person and vest legal custody in another individual or in an authorized agency, or
(iii) Appoint an authorized agency as guardian of the child’s person and vest legal custody in such agency.
(b)  The court shall also make an order fixing responsibility for the child’s support. The parent and child relationship may be terminated with respect to one (1) parent without affecting the relationship between the child and the other parent.
(3)  Where the court does not order termination of the parent and child relationship, it shall dismiss the petition; provided however, that where the court finds that the best interest of the child requires substitution or supplementation of parental care and supervision, it shall make an order placing the child under protective supervision, or vesting temporary legal custody in an authorized agency, fixing responsibility for temporary child support, and designating the period of time during which the order shall remain in effect.

Terms Used In Idaho Code 16-2010

  • Authorized agency: means the department, a local agency, a person, an organization, corporation, benevolent society or association licensed or approved by the department or the court to receive children for control, care, maintenance or placement. See Idaho Code 16-2002
  • Court: means the district court or magistrate’s division thereof or, if the context requires, a judge or magistrate thereof. See Idaho Code 16-2002
  • Department: means the department of health and welfare and its authorized representatives. See Idaho Code 16-2002
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Guardianship of the person: means those rights and duties imposed upon a person appointed as guardian of a minor under the laws of Idaho. See Idaho Code 16-2002
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Legal custody: means status created by court order which vests in a custodian the following rights and responsibilities:
Idaho Code 16-2002
  • Parent: means :
    • Idaho Code 16-2002
  • Parent and child relationship: includes all rights, privileges, duties and obligations existing between parent and child, including inheritance rights, and shall be construed to include adoptive parents. See Idaho Code 16-2002
  • person: includes a corporation as well as a natural person;
    • Idaho Code 73-114
    (4)  If termination of parental rights is granted and the child is placed in the guardianship or legal custody of the department of health and welfare, the court, upon petition, shall conduct a hearing as to the future status of the child within twelve (12) months of the order of termination of parental rights, and every twelve (12) months subsequently until the child is adopted or is in a placement sanctioned by the court.