Idaho > Statewide > District Court > Child Protection Act
Child Protective Act Decree - Idaho
| Child Protective Act Decree Form. This is a Idaho form and can be used in Child Protection Act District Court Statewide . |
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Decree and Order Under Child Protective Act IN THE DISTRICT COURT OF THE ^^^^^ JUDICIAL DISTRICT OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF ^^^^^ IN THE INTEREST OF: ) Case No. ) ) CHILD PROTECTIVE ACT DECREE: ) [ ] Granting Legal Custody to IDHW ) [ ] Placing Child Under Protective ) Supervision of IDHW [A Child][Children] Under Eighteen ) [ ] Setting Child Support Years of Age ) [ ] Specifying Conditions for Case Plan ) and Permanency Plan ) [ ] Setting Terms of Protective Order ) [ ] Scheduling Planning Hearing ) [ ] [specify other] ) ) This case came before the court on _____________________________, for an adjudicatory hearing pursuant to the Child Protective Act, Idaho Code Title 16, chapter 16. The court makes the following findings of fact, conclusions of law, and order, based on the record at the hearing. 1. a. The following parties were present for the hearing, represented by the following counsel: __________________________________________________ _____________________________________________________________________. b. The following parties were not present for the hearing: _________ _____________________________________________________________________. c. The file shows that notice was given to ______________________ [the absent party] in the following manner: ___________________________________. [OPT] 2. This order is entered consistent with the stipulation of the parties. The court finds that all parties entered into the agreement knowingly and voluntarily, and that the stipulation has a reasonable basis in fact. 3. A petition has been filed in this case pursuant to the Child Protective Act. 4. The court has jurisdiction over this case in that the child lives or was found in the state of Idaho. ildren are not Indian5. The child is not an Indian child [chthe meaning of the Indian Child Welfare Act, 25 U.S.C. 1901 - 1963. Decree and Order Under Child Protective Act Page 1 <<<<<<<<<********>>>>>>>>>>>>> 2[ALT] 5. The child is an Indian child [ch meaning of the Indian Child Welfare Act, 25 U.S.C. 1901 to 1963. The child is a member [children are members] or is [a Tribe. The court file contains [does not contain] proof that notice has been given to the Indian custodian, Indian Tribe, or Secretary of the Interior, as required by the act. 6. The child comes [children come] within the jurisdiction of the court under the Child Protective Act, due to [abandonment] [abuse] [neglect] [homelessness] [lack of [OPT] 7. The petition alleges that the parent [parents] subjected the child [children] to aggravated circumstances. The parent [p aggravated circumstances: _______________________________________________. [ALT] 7. The petition alleges that the parent [parents] subjected the child [children] to aggravated circumstances. The petitioner has not sustained its burden of proof on this allegation. 8. It is contrary to the welfare of the child [children] to remain in the home. It is in the best interest of the child [children] to vest legal custody of the child [children] in the Idaho Department of Health and Welfare. akes this finding based on the information set forth in _________________, prepared by ____________________, and dated ____________, which is incorporated by reference in this order.] [ALT] ______________________________________________________________________.] [OPT] b. It is fair and equitable th at [the father] [t the amount of __________ each month. [ALT] 8. The safety and welfare of the child [children] can be adequately safeguarded by placing the child [children] under the supervision of the Idaho Department of Health and Wchilde number 9 is not necessary if the child is placed under IDHW supervision instead of in lfare in the childs [child 9. a. The Idaho Department of Health and Welfare made reasonable efforts to prevent or eliminate the need for placement of the child [children] in foster care. b. The court makes this finding based on the information set forth in ____________________ , prepared by ______________, and dated ______________, which is incorporated by reference in this order. [ALT] b. Specifically, the court finds and concludes as follows: _______________________________________________________________________. [ALT] 9. a. The Idaho Department of Health and Welfare efforts were reasonable under the circumstances that necessitated the emergency removal of the children from their home. Decree and Order Under Child Protective Act Page 2 <<<<<<<<<********>>>>>>>>>>>>> 3 b. The court makes this finding based on the information set forth in ____________________ , prepared by ______________, and dated ______________, which is incorporated by reference in this order. [ALT] b. Specifically, the court finds and concludes as follows: _______________________________________________________________________. [ALT] 9. The Idaho Department of Health and Welfare was not required to make reasonable efforts to prevent the placement of the child [children] in foster care, because the parent [parents] subjected the child [children] to aggravated circumstances. [OPT] 10. ___________ presents a continuing danger to the child, and it is in the best interest of the child that a protection order be entered. To adequately safeguard the childs welfare, the protective order should [prohibit] [require] the following: ______ _____________________________________________________________________. THEREFORE, IT IS HEREBY DECREED AS FOLLOWS: 1. The child comes [children come] within the jurisdiction of the Child Protective Act. 2. Legal custody of the child [children] is vested in the Idaho Department of Health and Welfare, for an indeterminate priod not to exceed the childse [each childs] eighteenth birthday. [ALT] 2. The child is [children are] placed under the protective supervision of the Idaho Department of Health and Welfare in children the childs [children indeterminate period not to exceed the childs [each childs] eighteenth birthday. [OPT] 3. The [father] [mother] [parents] will pay child support in the amount of _____ per month. Payments will be due on the _____ of the month, with the first payment due on _______________________, _______. The child support payments will continue until the child reaches the age of eighteen (18) years, or until otherwise ordered by the court. All payments will be main cashierde s check or money order, and identified by the number of this case and the names of the [father] [mother] [parents]. All payments will be made payable to the I
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