Idaho Code > Title 1 > Chapter 23 – Small Claims Department of the Magistrate Division
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Terms Used In Idaho Code > Title 1 > Chapter 23 - Small Claims Department of the Magistrate Division
- 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
- Abandoned: means the parent has willfully failed to maintain a normal parental relationship including, but not limited to, reasonable support or regular personal contact. See Idaho Code 16-2002
- Abortion: means the use of any means to intentionally terminate the clinically diagnosable pregnancy of a woman with knowledge that the termination by those means will, with reasonable likelihood, cause the death of the unborn child except that, for the purposes of this chapter, abortion shall not mean:
Idaho Code 18-604Abused: means any case in which a child has been the victim of:
Idaho Code 16-1602Abused: means conduct as defined in section 16-1602(1), Idaho Code. See Idaho Code 16-2002 Acquired 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 Acquiring entity: means the entity that acquires all of one (1) or more classes or series of interests of the acquired entity 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 16-1501 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 Adaptive equipment: means any piece of equipment or any item that is used to increase, maintain, or improve the parenting abilities of a parent with a disability. See Idaho Code 16-2002 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. Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court. 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 Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year. Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense. 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. Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal. 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 30-22-102Arraignment: A proceeding in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty. Arrest: Taking physical custody of a person by lawful authority. Assets: (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 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 Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings. Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC Bequest: Property gifted by will. Business corporation: means a domestic business corporation incorporated under or subject to chapter 29, title 30, Idaho Code, or a foreign business corporation. See Idaho Code 30-21-102 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 less than eighteen (18) years of age and not emancipated by either marriage or legal proceeding. See Idaho Code 16-2403 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 Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records. Commercial registered agent: means a person listed under section 30-21-405, Idaho Code. See Idaho Code 30-21-102 Commit: means to transfer legal and physical custody. See Idaho Code 16-1602 Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action. 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 Consistent with the least restrictive alternative principle: means that services are delivered in the setting that places the fewest restrictions on the personal liberty of the child and that provides the greatest integration with individuals who do not have disabilities, in typical and age-appropriate school, community and family environments, which is consistent with safe, effective and cost-effective treatment for the child and family. See Idaho Code 16-2403 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 Converted entity: means the converting entity as it continues in existence after a conversion. 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 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 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. Decedent: A deceased person. 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. See Idaho Code 16-2403 Department: means the Idaho department of health and welfare. See Idaho Code 18-604 Department: means the department of health and welfare and its authorized representatives. See Idaho Code 16-1602 Department: means the department of health and welfare and its authorized representatives. See Idaho Code 16-2002 Dependent: A person dependent for support upon another. Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial. Designated examiner: means a psychiatrist, psychologist, psychiatric nurse, or social worker and such other mental health professionals as may be designated in accordance with rules promulgated pursuant to the provisions of chapter 52, title 67, Idaho Code, by the department of health and welfare. See Idaho Code 16-2403 Devise: To gift property by will. Director: means the director of the state department of health and welfare. See Idaho Code 16-2403 Disability: means , with respect to an individual, any mental or physical impairment which 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 16-1501 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 Disability: means , with respect to an individual, any mental or physical impairment which 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 16-2002 Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial. Dismissal: The dropping of a case by the judge without further consideration or hearing. Source: Docket: A log containing brief entries of court proceedings. Domesticated entity: means the domesticating entity as it continues in existence after a domestication. See Idaho Code 30-22-102 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 Down syndrome: means a chromosomal disorder associated either with an extra chromosome 21, in whole or in part, or an effective trisomy for chromosome 21. See Idaho Code 18-604 Emancipated: means any minor who has been married or is in active military service. See Idaho Code 18-604 Emergency: means a situation in which the child’s condition, as evidenced by recent behavior, poses a significant threat to the health or safety of the child, his family or others, or poses a serious risk of substantial deterioration in the child’s condition which cannot be eliminated by the use of supportive services or intervention by the child’s parents, or mental health professionals, and treatment in the community while the child remains in his family home. See Idaho Code 16-2403 Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts 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. Ex officio: Literally, by virtue of one's office. Executor: A male person named in a will to carry out the decedent Fiduciary: A trustee, executor, or administrator. Filing entity: means an entity whose formation requires the filing of a public organic record. See Idaho Code 30-21-102 First trimester of pregnancy: means the first thirteen (13) weeks of a pregnancy. See Idaho Code 18-604 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. Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC 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 Fraud: Intentional deception resulting in injury to another. Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor 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 30-21-102Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage, Grant 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: means a person appointed by the court pursuant to section 16-1614 or 5-306, Idaho Code. See Idaho Code 16-2002 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 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 Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted. 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 Hospital: means an acute care general hospital in this state, licensed as provided in chapter 13, title 39, Idaho Code. See Idaho Code 18-604 Impeachment: (1) The process of calling something into question, as in "impeaching the testimony of a witness." (2) The constitutional process whereby the House of Representatives may "impeach" (accuse of misconduct) high officers of the federal government for trial in the Senate. Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies. Individual: means a natural person. See Idaho Code 30-21-803 Informed consent: means a voluntary and knowing decision to undergo a specific procedure or treatment. See Idaho Code 18-604 Informed consent to treatment: means a knowing and voluntary decision to undergo a specific course of treatment, evidenced in writing, and made by an emancipated child, or a child’s parent, or guardian, who has the capacity to make an informed decision, after the staff of the facility or other provider of treatment has explained the nature and effects of the proposed treatment. See Idaho Code 16-2403 Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury. Inter vivos: Transfer of property from one living person to another living person. 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 30-22-102Involuntary treatment: means treatment, services and placement of children provided without consent of the parent of a child, under the authority of a court order obtained pursuant to this chapter, as directed by an order of disposition issued by a designated employee of the department of health and welfare under section 16-2415, Idaho Code. See Idaho Code 16-2403 Joint tenancy: A form of property ownership in which two or more parties hold an undivided interest in the same property that was conveyed under the same instrument at the same time. A joint tenant can sell his (her) interest but not dispose of it by will. Upon the death of a joint tenant, his (her) undivided interest is distributed among the surviving joint tenants. 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. 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 Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC Legacy: A gift of property made by will. Legal custody: means a relationship created by court order, which vests in a custodian the following rights and responsibilities:
Idaho Code 16-1602Legal custody: means status created by court order which vests in a custodian the following rights and responsibilities:
Idaho Code 16-2002Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity. Lien: A claim against real or personal property in satisfaction of a debt. Likely to cause harm to himself or to suffer substantial mental or physical deterioration: means that, as evidenced by recent behavior, the child:
Idaho Code 16-2403Likely to cause harm to others: means that, as evidenced by recent behavior causing, attempting, or threatening such harm with the apparent ability to complete the act, a child is likely to cause physical injury or physical abuse to another person. See Idaho Code 16-2403 Limited cooperative association: means a foreign limited cooperative association. See Idaho Code 30-21-102 Limited liability company: means a domestic limited liability company formed under or subject to chapter 25, title 30, Idaho Code, or a foreign limited liability company. See Idaho Code 30-21-102 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 Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants. Magistrate judges: Judicial officers who assist U.S. district judges in getting cases ready for trial, who may decide some criminal and civil trials when both parties agree to have the case heard by a magistrate judge instead of a judge. Medical emergency: means a condition that, on the basis of the physician’s good faith clinical judgment, so complicates the medical condition of a pregnant woman as to necessitate the immediate abortion of her pregnancy to avert her death or for which a delay will create serious risk of substantial and irreversible impairment of a major bodily function. See Idaho Code 18-604 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 Minor: means a woman under eighteen (18) years of age. See Idaho Code 18-604 minor: means any individual who is under the age of eighteen (18) years. See Idaho Code 16-2002 Month: means a calendar month, unless otherwise expressed. See Idaho Code 73-114 Mortgage: The written agreement pledging property to a creditor as collateral for a loan. Neglected: means a child:
Idaho Code 16-1602Neglected: means :
Idaho Code 16-2002Noncommercial registered agent: means a person that is not a commercial registered agent and is:
Idaho Code 30-21-102Nonfiling 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 Oath: A promise to tell the truth. 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 Oversight: Committee review of the activities of a Federal agency or program. Parent: means :
Idaho Code 16-2002Parent 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 Parties: includes the child and the petitioners. See Idaho Code 16-2002 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 Physician: means a person licensed to practice medicine and surgery or osteopathic medicine and surgery in this state as provided in chapter 18, title 54, Idaho Code. See Idaho Code 18-604 Plaintiff: The person who files the complaint in a civil lawsuit. 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 Probable cause: A reasonable ground for belief that the offender violated a specific law. Probate: Proving a will Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed. 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 Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government. Protected agreement: means :
Idaho Code 30-22-102Protection and advocacy system: means the agency designated by the governor as the state protection and advocacy system pursuant to 42 U. See Idaho Code 16-2403 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 Quorum: The number of legislators that must be present to do business. Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land. 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 Receipt: as used in this chapter , means actual receipt. See Idaho Code 30-21-102 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 Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant. Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation. Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action. seal: includes an impression of such seal upon the paper, alone, as well as upon wax or a wafer affixed thereto; or, alternatively, the seal may be the mark of a rubber stamp providing substantially the same information as the impression. See Idaho Code 73-111 Second trimester of pregnancy: means that portion of a pregnancy following the thirteenth week and preceding the point in time when the fetus becomes viable, and there is hereby created a legal presumption that the second trimester does not end before the commencement of the twenty-fifth week of pregnancy, upon which presumption any licensed physician may proceed in lawfully aborting a patient pursuant to section 18-608, Idaho Code, in which case the same shall be conclusive and unrebuttable in all civil or criminal proceedings. See Idaho Code 18-604 Serious emotional disturbance: means a diagnostic and statistical manual of mental disorders (DSM) diagnosable mental health, emotional or behavioral disorder, or a neuropsychiatric condition which results in a serious disability, and which requires sustained treatment interventions, and causes the child’s functioning to be impaired in thought, perception, affect or behavior. See Idaho Code 16-2403 Service of process: The service of writs or summonses to the appropriate party. Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims. 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 30-21-102Special therapy: means any treatment modality used to treat children with serious emotional disturbances which is subject to restrictions or special conditions imposed by the department of health and welfare rules. See Idaho Code 16-2403 State: 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 conversion: means a statement under section 30-22-405, Idaho Code. See Idaho Code 30-22-102 Statement of domestication: means a statement under section 30-22-505, Idaho Code. See Idaho Code 30-22-102 Statement of interest exchange: means a statement under section 30-22-305, Idaho Code. See Idaho Code 30-22-102 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. Statutory trust: means a trust formed under the statutory law of a jurisdiction other than this state. See Idaho Code 30-21-102 Subpoena: A command to a witness to appear and give testimony. Summons: Another word for subpoena used by the criminal justice system. Supportive services: means services which assist a parent with a disability to compensate for those aspects of their disability which affect their ability to care for their child and which will enable them to discharge their parental responsibilities. See Idaho Code 16-2002 Supportive services: means services which assist a parent with a disability to compensate for those aspects of their disability which affect their ability to care for their child and which will enable them to discharge their parental responsibilities. See Idaho Code 16-1501 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 Teens at risk: means individuals attending Idaho secondary public schools who have been identified as expressing or exhibiting indications of depression, suicidal inclination, emotional trauma, substance abuse or other behaviors or symptoms that indicate the existence of, or that may lead to, the development of mental illness or substance abuse. See Idaho Code 16-2403 Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held. Tenancy in common: A type of property ownership in which two or more individuals have an undivided interest in property. At the death of one tenant in common, his (her) fractional percentage of ownership in the property passes to the decedent Testify: Answer questions in court. Testimony: Evidence presented orally by witnesses during trials or before grand juries. Third trimester of pregnancy: means that portion of a pregnancy from and after the point in time when the fetus becomes viable. See Idaho Code 18-604 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 Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition. Transfer: includes :
Idaho Code 30-21-102Treatment facility: means a facility or program meeting applicable licensing standards that has been approved for the provisions of services under this chapter by the department of health and welfare. See Idaho Code 16-2403 Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence. Trial jury: A group of citizens who hear the evidence presented by both sides at trial and determine the facts in dispute. Federal criminal juries consist of 12 persons. Federal civil juries consist of six persons. 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 Trustee: A person or institution holding and administering property in trust. Type of entity: means a generic form of entity:
Idaho Code 30-21-102Unincorporated nonprofit association: means a domestic unincorporated nonprofit association formed under or subject to chapter 27, title 30, Idaho Code, or a nonprofit association formed under or subject to the law of a jurisdiction other than this state that would be an unincorporated nonprofit association if formed under or subject to the law of this state. See Idaho Code 30-21-102 Unmarried biological father: as used in this chapter and chapter 15, title 16, Idaho Code, means the biological father of a child who was not married to the child’s mother at the time the child was conceived or born. See Idaho Code 16-2002 Venue: The geographical location in which a case is tried. Written: means inscribed on a tangible medium. See Idaho Code 30-21-102