Idaho > Statewide > District Court > Child Protection Act
Petition To Terminate Parental Rights - Idaho
| Petition To Terminate Parental Rights Form. This is a Idaho form and can be used in Child Protection Act District Court Statewide . |
|
||||||
 Get this form for FREE as a print-only pdf |
|||||||
|
Petition to Terminate Parental Rights 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. ) ) PETITION TO TERMINATE ) PARENTAL RIGHTS ) ) [A Child][Children] Under Eighteen ) Years of Age ) 1. This petition is filed by the Idaho Department of Health and Welfare, through _______________, [ _______________ County Prosecutor] [Deputy Prosecutor for _______________ County][Deputy Attorney General]. 2. This petition asks the court for a decree terminating the parent-child relationship currently existing between the child [children] named above and _________________________, [mother] [father] [parents] of the child [children] named above. This petition is filed pursuant to Idaho Code Title 16, chapter 20. 3. The court has jurisdiction over this matter because the child is [children are] present in the state. 4. The petitioner is not related to the child. The petitioner is an authorized agency within the meaning of Idaho Code 16-2004(c). The local office responsible for this case is located at _________________________________________. 5. The name, sex, date of birth, and place of birth of [the child] [each child] who is the subject of this petition are: ___________________________________________________ _____________________________________________________________________. 6. a. The name, address and date of birth of the childs [childrens] mother is: ___________________________________________________________. b. The name, address and date of birth of the childs [childrens] father is: ___________________________________________________________________. [ALT] b. The child is illegitimate, and the nam, address, [e and][or] date of birth of the childs father is unknown. PETITION FOR TERMINATION OF PARE NT-CHILD RELATIONSHIP Page 1 <<<<<<<<<********>>>>>>>>>>>>> 2 [OPT] 7. The [mother] [father] of the child [children] is a minor. The name(s) and address(es) of the minors parents or guardian are: ______________________________ _____________________________________________________________________. [OPT] 8. The petitioner is unable to locate theilds [childrens] parents. The nam ch es and addresses of each relative of the child [children], to and including the second decree of kinship, are: _________________________________________________________________________. 9. The petitioner has been granted legal custody of the child [children] by order or decree of the court, dated ___________, in case no. ______________, ____________ County, State of Idaho. 10. This petition asks that, upon termination of parental rights, legal custody of the child [children] remain with the Idaho Department of Health and Welfare, 450 West State Street, Boise, Idaho 83720. 11. The petitioner is informed and believes that the assets of the child [children] consist solely of personal effects of nominal value, including clothing, toys, and other personal articles. [ALT] 11. The petitioner is informed and believes that the child has [children have] the following assets, which have the following value: ____________________________ _____________________________________________________________________. 12. The petitioner seeks termination of the parent-child relationship on the following grounds: ______________________________________________________________________ ______________________________________________________________________________ _____________________________________________________________. 13. Termination is in the best interest of the child [children] in that: ______________________________________________________________________________ ___________. ildren are not Indian children] within the meaning of the Indian Child Welfare Act, 25 U.S.C. 1901 1963. [ALT] 14. At the present time, it cannot be determed whether the child is an Indian child in [children are Indian children] within the meaning of the Indian Child Welfare Act, 25 U.S.C. 1901 1963. [ALT] 14. The child is an Indian child [children arthe Indian Child Welfare Act, 25 U.S.C. 1901 1963. The Indian tribe in which the child is a member [children are members], or in which the chchildren are ild is eligible to be a member [children are [ALT] 14. The child is an Indian child [children arthe Indian Child Welfare Act, 25 U.S.C. 1901 - 1963. At the present time, the Indian tribe in which the child is a member [children are memb, or in wers] hich the child is eligible to be a member [children are eligible to be PETITION FOR TERMINATION OF PARE NT-CHILD RELATIONSHIP Page 2 <<<<<<<<<********>>>>>>>>>>>>> 3 15. Termination of parental rights is sought on the basis that the [mother][father] is mentally incompetent pursuant to Idaho Code 16-2005(d). The petitioner asks that the court appoint a guardian ad litem for the [mother] [father]. DATED this _____ day of _______________, 20___. ____________________________ N ame Title (PA, DPA, or DAG) STATE OF IDAHO ) ) ss. County of _____________ ) I, _______________, being duly sworn upon oath, state that I am _________________________, that I have read the statements in this petition, and the statements are true or are based on information and belief as stated in this petition. _____________________________ [ Name] Subscribed and sworn before me this _____ day of _______________, 20___. _______________________________ Magistrate Judge [ALT] _______________________________ (seal) Notary Public for Idaho My commission expires: NOTES: 1. The parental termination petition is governed by Idaho Code 16-2007. See also 16-2003 as to jurisdiction. Termination of parental rights is discussed in the Idaho Child Protection Manual in Chapter IX. The petitionis discussed in IX.D.1 2. This form assumes that the child is in the custody of IDHW pursuant to the child protective act, and that the agency is seeking termination because the parent subjected the child to PETITION FOR TERMINATION OF PARE NT-CHILD RELATIONSHIP Page 3 <<<<<<<<<********>>>>>>>>>>>>> 4aggravated circumstances, or the reunification plan has failed. Termination of parental rights (and adoption) proceedings can be filed by other interested persons; forms can be found in the Idaho Family Law Formbook. 3. Alternative language is provided to address varying situations, and is marked in brackets, or is preceded by [ALT] or [OPT]. All of the informtion requa ired by the form is required by the statute, except for paragraphs 13-15 regarding the Indian Child Welfare Act. 25 U.S.C
|
|||||||
