Idaho Code > Title 16 > Chapter 16 – Child Protective Act
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Terms Used In Idaho Code > Title 16 > Chapter 16 - Child Protective Act
- Abandoned: means the failure of the parent to maintain a normal parental relationship with his child including, but not limited to, reasonable support or regular personal contact. See Idaho Code 16-1602
- Abused: means any case in which a child has been the victim of:
Idaho Code 16-1602Acquired entity: means the entity, all of one (1) or more classes or series of interests that are acquired in an interest exchange. See Idaho Code 30-22-102 Act: means the Idaho uniform business organizations code. See Idaho Code 30-21-102 Adaptive equipment: means any piece of equipment or any item that is used to increase, maintain or improve the parenting capabilities of a parent with a disability. See Idaho Code 16-1602 Adjudicatory hearing: means a hearing to determine:
Idaho Code 16-1602Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths. Aggravated circumstances: includes , but is not limited to:
Idaho Code 16-1602Allegation: something that someone says happened. Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it. Annual report: means the report required by section 30-21-213, Idaho Code. See Idaho Code 30-21-102 Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant. Appraisal: A determination of property value. Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization Approve: means , in the case of an entity, for its governors and interest holders to take whatever steps are necessary under the entity's organic rules, organic law, and other law to:
Idaho Code 30-22-102Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account. Assumed business name: means :
Idaho Code 30-21-803Attachment: A procedure by which a person's property is seized to pay judgments levied by the court. 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 16-1602 Bequest: Property gifted by will. Caregiver: means a foster parent with whom a child in foster care has been placed or a designated official for a child care institution in which a child in foster care has been placed. See Idaho Code 16-1602 Case plan hearing: means a hearing to approve, modify or reject the case plan as provided in section 16-1621, Idaho Code. See Idaho Code 16-1602 Child: means an individual who is under the age of eighteen (18) years. See Idaho Code 16-1602 Circumstances of the child: includes , but is not limited to, the joint legal custody or joint physical custody of the child. See Idaho Code 16-1602 Commit: means to transfer legal and physical custody. See Idaho Code 16-1602 Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant. Concurrent planning: means a planning model that prepares for and implements different outcomes at the same time. See Idaho Code 16-1602 Contract: A legal written agreement that becomes binding when signed. Conversion: means a transaction authorized by part 4 of this chapter. See Idaho Code 30-22-102 Converting entity: means the domestic entity that approves a plan of conversion pursuant to section 30-22-403, Idaho Code, or the foreign entity that approves a conversion pursuant to the law of its jurisdiction of formation. See Idaho Code 30-22-102 Conviction: A judgement of guilt against a criminal defendant. Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name. Court: means district court or magistrate division thereof or, if the context requires, a magistrate or judge thereof. See Idaho Code 16-1602 Credit report: A detailed report of an individual's credit history prepared by a credit bureau and used by a lender in determining a loan applicant's creditworthiness. Source: OCC Custodian: means a person, other than a parent or legal guardian, to whom legal or joint legal custody of the child has been given by court order. See Idaho Code 16-1602 Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries. Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime. Department: means the department of health and welfare and its authorized representatives. See Idaho Code 16-1602 Devise: To gift property by will. Disability: means , with respect to an individual, any mental or physical impairment that substantially limits one (1) or more major life activities of the individual including, but not limited to, self-care, manual tasks, walking, seeing, hearing, speaking, learning or working, or a record of such an impairment, or being regarded as having such an impairment. See Idaho Code 16-1602 Dismissal: The dropping of a case by the judge without further consideration or hearing. Source: Domesticating entity: means the domestic entity that approves a plan of domestication pursuant to section 30-22-503, Idaho Code, or the foreign entity that approves a domestication pursuant to the law of its jurisdiction of formation. See Idaho Code 30-22-102 Domestication: means a transaction authorized by part 5 of this chapter. See Idaho Code 30-22-102 Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other. Filing entity: means an entity whose formation requires the filing of a public organic record. See Idaho Code 30-21-102 Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006. Foster care: means twenty-four (24) hour substitute parental care for children placed away from their parents or guardians by persons who may or may not be related to the children and for whom the state agency has placement and care responsibility. See Idaho Code 16-1602 Foster parent: means a person or persons licensed to provide foster care. See Idaho Code 16-1602 Germane: On the subject of the pending bill or other business; a strict standard of relevance. Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value. Governor: means :
Idaho Code 30-21-102Grant administrator: means the supreme court or any organization or agency as may be designated by the supreme court in accordance with such procedures as may be adopted by the supreme court. See Idaho Code 16-1602 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. Guardian ad litem: means a person appointed by the court pursuant to a guardian ad litem volunteer program to act as special advocate for a child under this chapter. See Idaho Code 16-1602 Guardian ad litem coordinator: means a person or entity receiving moneys from the grant administrator for the purpose of carrying out any of the duties set forth in section 16-1632, Idaho Code. See Idaho Code 16-1602 Guardian ad litem program: means the program to recruit, train and coordinate volunteer persons to serve as guardians ad litem for abused, neglected or abandoned children. See Idaho Code 16-1602 Homeless: as used in this chapter , shall mean that the child is without adequate shelter or other living facilities, and the lack of such shelter or other living facilities poses a threat to the health, safety or well-being of the child. See Idaho Code 16-1602 Individual: means a natural person. See Idaho Code 30-21-803 Interest: means :
Idaho Code 30-21-102Interest exchange: means a transaction authorized by part 3 of this chapter. See Idaho Code 30-22-102 Interest holder: means :
Idaho Code 30-21-102Interest holder liability: means :
Idaho Code 30-22-102Jurisdiction: (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. Jurisdiction of formation: means the jurisdiction whose law includes the organic law of an entity. See Idaho Code 30-21-102 Law enforcement agency: means a city police department, the prosecuting attorney of any county, state law enforcement officers, or the office of a sheriff of any county. See Idaho Code 16-1602 Legal custody: means a relationship created by court order, which vests in a custodian the following rights and responsibilities:
Idaho Code 16-1602Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity. Limited liability limited partnership: means a domestic limited liability limited partnership formed under or subject to chapter 24, title 30, Idaho Code, or a foreign limited liability limited partnership. See Idaho Code 30-21-102 Limited liability partnership: means a domestic limited liability partnership registered under or subject to chapter 23, title 30, Idaho Code, or a foreign limited liability partnership. See Idaho Code 30-21-102 Limited partnership: means a domestic limited partnership formed under or subject to chapter 24, title 30, Idaho Code, or a foreign limited partnership. See Idaho Code 30-21-102 Mental injury: means a substantial impairment in the intellectual or psychological ability of a child to function within a normal range of performance and/or behavior, for short or long terms. See Idaho Code 16-1602 Merger: means a transaction in which two (2) or more merging entities are combined into a surviving entity pursuant to a record filed by the secretary of state. See Idaho Code 30-22-102 Merging entity: means an entity that is a party to a merger and exists immediately before the merger becomes effective. See Idaho Code 30-22-102 Month: means a calendar month, unless otherwise expressed. See Idaho Code 73-114 Neglected: means a child:
Idaho Code 16-1602Nonfiling entity: means an entity whose foundation does not require the filing of a public organic record. See Idaho Code 30-21-102 Nonregistered foreign entity: means a foreign entity that is not registered to do business in this state pursuant to a statement of registration filed by the secretary of state. See Idaho Code 30-21-102 Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period. Organic law: means the law of an entity's jurisdiction of formation governing the internal affairs of the entity. See Idaho Code 30-21-102 Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses. Permanency hearing: means a hearing to review, approve, reject or modify the permanency plan of the department and to review reasonable efforts in accomplishing the permanency plan. See Idaho Code 16-1602 Permanency plan: means a plan for a continuous residence and maintenance of nurturing relationships during the child’s minority. See Idaho Code 16-1602 person: includes a corporation as well as a natural person;
Idaho Code 73-114Person: means an individual, business corporation, nonprofit corporation, partnership, limited partnership, limited liability company, general cooperative association, limited cooperative association, unincorporated nonprofit association, statutory trust, business trust, common-law business trust, estate trust, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity. See Idaho Code 30-21-102 Plan: means a plan of merger, plan of interest exchange, plan of conversion or plan of domestication. See Idaho Code 30-22-102 Plan of conversion: means a plan under section 30-22-402, Idaho Code. See Idaho Code 30-22-102 Plan of domestication: means a plan under section 30-22-502, Idaho Code. See Idaho Code 30-22-102 Plan of interest exchange: means a plan under section 30-22-302, Idaho Code. See Idaho Code 30-22-102 Plan of merger: means a plan under section 30-22-202, Idaho Code. See Idaho Code 30-22-102 Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer. President pro tempore: A constitutionally recognized officer of the Senate who presides over the chamber in the absence of the Vice President. The President Pro Tempore (or, "president for a time") is elected by the Senate and is, by custom, the Senator of the majority party with the longest record of continuous service. Pretrial conference: A meeting of the judge and lawyers to discuss which matters should be presented to the jury, to review evidence and witnesses, to set a timetable, and to discuss the settlement of the case. Principal office: means the principal executive office of an entity, whether or not the office is located in this state. See Idaho Code 30-21-102 Proceeding: includes a civil action, arbitration, mediation, administrative proceeding, criminal prosecution and investigatory action. See Idaho Code 30-21-102 Professional entity: means an entity formed for the sole and specific purpose of rendering professional services, allied professional services, and services ancillary to the professional services and that has as its interest holders only:
Idaho Code 30-21-102Property: includes both real and personal property. See Idaho Code 73-114 Property: means all property, whether real, personal, or mixed or tangible or intangible, or any right or interest therein. See Idaho Code 30-21-102 Protective order: means an order issued by the court in a child protection case, prior to the adjudicatory hearing, to enable the child to remain in the home pursuant to section 16-1615(8), Idaho Code, or following an adjudicatory hearing to preserve the unity of the family and to ensure the best interests of the child pursuant to section 16-1619(10), Idaho Code. See Idaho Code 16-1602 Protective supervision: is a legal status created by court order in a child protective case whereby the child is in the legal custody of his or her parent(s), guardian(s) or other legal custodian(s), subject to supervision by the department. See Idaho Code 16-1602 Psychotropic medication: means a drug prescribed to affect psychological functioning, perception, behavior or mood. See Idaho Code 16-1602 Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide. Public organic record: means the record, the filing of which by the secretary of state is required to form an entity, and any amendment to or restatement of that record. See Idaho Code 30-21-102 Qualified individual: means a trained professional or licensed clinician who is not connected to or affiliated with any placement setting in which children are placed by the department and who is not an employee of child and family services, unless a waiver has been approved by the authorized agency. See Idaho Code 16-1602 Qualified residential treatment program: means a program that has a trauma-informed treatment model designed to address the needs of children with serious emotional or behavioral disorders or disturbances, is able to implement the treatment identified for the child by the assessment of the child required under section 16-1619A(2), Idaho Code, and is licensed and accredited in accordance with state and federal law. See Idaho Code 16-1602 Reasonable and prudent parent standard: means the standard of care characterized by careful and sensible parental decisions that maintain the health, safety and best interests of a child while simultaneously encouraging the emotional and developmental growth of the child that a caregiver shall use when determining whether to allow a child in foster care under the responsibility of the state to participate in extracurricular, enrichment, cultural or social activities. See Idaho Code 16-1602 Registered agent: means an agent of an entity that is authorized to receive service of any process, notice, or demand required or permitted by law to be served on the entity. See Idaho Code 30-21-102 Registered foreign entity: means a foreign entity that is registered to do business in this state pursuant to a statement of registration filed by the secretary of state. See Idaho Code 30-21-102 Registered mail: includes certified mail. See Idaho Code 73-114 Relative: means a child’s grandparent, great grandparent, aunt, great aunt, uncle, great uncle, brother-in-law, sister-in-law, first cousin, sibling and half-sibling. See Idaho Code 16-1602 Service of process: The service of writs or summonses to the appropriate party. Shelter care: means places designated by the department for temporary care of children pending court disposition or placement. See Idaho Code 16-1602 Sign: means with present intent to authenticate or adopt a record:
Idaho Code 30-21-102State: when applied to the different parts of the United States, includes the District of Columbia and the territories; and the words "United States" may include the District of Columbia and territories. See Idaho Code 73-114 State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. See Idaho Code 30-21-102 Statement of merger: means a statement under section 30-22-205, Idaho Code. See Idaho Code 30-22-102 Statute: A law passed by a legislature. Summons: Another word for subpoena used by the criminal justice system. Supportive services: as used in this chapter , shall mean services that assist parents with a disability to compensate for those aspects of their disability that affect their ability to care for their child and that will enable them to discharge their parental responsibilities. See Idaho Code 16-1602 Surviving entity: means the entity that continues in existence after or is created by a merger under part 2 of this chapter. See Idaho Code 30-22-102 Testimony: Evidence presented orally by witnesses during trials or before grand juries. Transact business: means to engage in any commercial or other activity that is intended to or likely to produce a financial benefit, whether it is for the purpose of profit to the person who engages in the activity or for the purpose of supporting a charitable, benevolent or other nonprofit function. See Idaho Code 30-21-803 Transfer: includes :
Idaho Code 30-21-102Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence. true name: shall include the assumed business name which appears on the application for authority to do business or registration statement. See Idaho Code 30-21-803 Type of entity: means a generic form of entity:
Idaho Code 30-21-102