Petition to Terminate Parental Rights1 IN THE DISTRICT COURT OF THE ^^^^^ JUDICIAL DISTRICT OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF ^^^^^ IN THE MATTER OF: ) ) ) ) ) ) [A Child][Children] Under Eighteen ) Years of Age. __________________________ ) 1. Case No. ^^^^^ PETITION TO TERMINATE PARENTAL RIGHTS 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 above-named [child] [children] named above and _________________________, [mother] [father] [parents] of the above-named [child] [children]. 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. PETITION FOR TERMINATION OF PARENT-CHILD RELATIONSHIP PAGE 1 American LegalNet, Inc. www.FormsWorkflow.com 4. The petitioner is not related to the [child][children]. The petitioner is an authorized agency within the definition of Idaho Code §16-2004(c). The local office responsible for this case is located at _________________________________________. 5. The name, address, sex, date of birth, 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 child’s ][children’s] mother is: ___________________________________________________________. [ALT] a. The name, address, and date of birth of [the child’s] [children’s] mother is: ___________________________________________________________. Her parental rights have previously been terminated. A copy of the order terminating her parental rights is attached to this petition and is incorporated in this petition by reference.] b. The name, address, and date of birth of the [child’s] [each child’s] father is: ___________________________________________________________________. [ALT] b. The [child is] [children are] illegitimate, and the name, address, [and][or] date of birth of [the child’s] [each child’s] father is unknown. [ALT] b. The name, address, and date of birth of [the child’s] [each child’s] father is: ___________________________________________________________________. The parental rights of [the child’s] [each child’s] father have previously been terminated. A copy of the order terminating her parental rights is attached to this petition and is incorporated in this petition by reference.] PETITION FOR TERMINATION OF PARENT-CHILD RELATIONSHIP PAGE 2 American LegalNet, Inc. www.FormsWorkflow.com [OPT] 7. The [mother] [father] of the [child] [children] is a minor. The name(s) and address(es) of the minor’s parents or guardian are: ______________________________ _____________________________________________________________________. [OPT] 8. The petitioner is unable to locate the [child’s] [children’s] parents. The names and addresses of each relative of the [child] [children], up to and including the second decree of kinship, are: __________________________________________________________________. 9. Legal custody of the [child] [children] has been vested in the petitioner 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. PETITION FOR TERMINATION OF PARENT-CHILD RELATIONSHIP PAGE 3 American LegalNet, Inc. www.FormsWorkflow.com [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: [ALT] a. The parent[s] has [have] abandoned the [child] [children] by willfully failing to maintain a normal parental relationship, including but not limited to reasonable support or regular personal contact. [ALT] a. The parent[s] has [have] abandoned the [child][children] by willfully failing to maintain a normal parental relationship with the [child] [children] for a period of one year or longer. [ALT] a. The parent[s] has [have] neglected the [child] [children] as defined in Idaho Code § 16-1602(25). [ALT] a. The parent[s] has [have] neglected the [child] [children] because the parent has failed to comply with the court’s orders in a child protective act case or the case plan, and reunification of the [child] [children] with [his or her] [their] parent[s] has not occurred within the time standards set forth in Idaho Code § 16-1629(9). [ALT] a. The parent[s] has [have] abused the [child] [children] as defined in Idaho Code § 16-1602(1). [ALT] a. The parent[s] is [are] unable to discharge parental responsibilities and such inability will continue for a prolonged, indeterminate period and will be injurious to the health, morals or well-being of the [child] [children]. PETITION FOR TERMINATION OF PARENT-CHILD RELATIONSHIP PAGE 4 American LegalNet, Inc. www.FormsWorkflow.com [ALT] a. The parent[s] has been [have been] incarcerated and is [are] likely to remain incarcerated for a substantial period of time during the [child’s] [children’s] minority. [ALT] a.2 The parent[s] caused the [child] [children] to be conceived as a result of rape, incest, lewd conduct with a minor child under the age of sixteen year, or sexual abuse of a child under the age of sixteen years, as defined in Idaho Code §§ 18-6101, 18-1508, 18-1506, 186602. [ALT] a.3 The parent[s] has [have] subjected the [child] [children] to torture, chronic abuse or sexual abuse, has committed murder or intentionally killed the other parent of the child [children], has committed murder or voluntary manslaughter of another [child] [children], or has aided, abetted, conspired or solicited to commit such murder or voluntary manslaughter, and/or has committed battery which resulted in serious bodily injury to a [child] [children]. [ALT] a.3 The [child is an] [children are] abandoned infant[s]. [ALT] a. Termination is in the best interest of the parent[s] and the [child] a. The parent[s] has [have] consented to termination of parental rights in the [children]. [ALT] manner set forth in Idaho Code §16-2005(4). The signed consent to termination of parental rights has been filed with the court along with this petition. b. The facts supporting this petition [are described in the Affidavit of _________________, dated __________, which is attached to and incorporated in this petition] [are as follows: _________________________________ ]. PETITION FOR TERMINATION OF PARENT-CHILD RELATIONSHIP PAGE 5 American LegalNet, Inc. www.FormsWorkflow.com 13.3 Termination is in the best interest of the [child] [children] in that: ______________________________________________________________________________ ___________. 14. The [child is][children are] not [an Indian child] [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 determined whether the [child is an Indian child] [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 are Indian children] within the meaning of the Indian Child Welfare Act, 25 U.S.C. §§ 1901 - 1963. The Indian tribe in which the [child is a][children are] member[s] or in which the [child is eligible to be a member] [children are eligible to be members] is [name of Tribe]. [ALT] 14. The [child is an Indian child] [children are Indian children] within the meaning of the 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 members], or in which the [child is eligible to be a member] [children are eligible to be members], cannot be determined. [OPT] 15. The [mother][father] is mentally incompetent to participate in this termination of parental rights proceeding. Pursuant to Idaho Code §16-2007(5) the petitioner asks that the court appoint a guardian ad litem for the [mother] [father]. DATED this _____ day of _______________, 20___. PETITION FOR TERMINATION OF PARENT-CHILD RELATIONSHIP PAGE 6 American LegalNet, Inc. www.FormsWorkflow.com ____________________________ Name Title (PA, DPA, or DAG) STATE OF IDAHO County of _____________ ) ) ss. ) 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: Last Updated January 21, 2007. Click http://www.isc.idaho.gov/childapx.htm for most current version. 1 The parental termination petition is governed by Idaho Code §16-2006. See also §16-2003 as to jurisdiction. Termination of parental rights is discussed in the Idaho Child Protection Manual in Chapter IX. The petition is discussed in § IX.D.1. 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 aggravated circumstances or because 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 Forms. 2 If this ground is the basis for termination of parental rights, then the petition need not allege that termination of parental rights is in the best interests of the child, and thus paragraph 13 may be omitted. Idaho Code § 16-2005 (2) provides that the court may rebuttably presume that termination of parental rights is in the best interests of the child in this circumstance. PETITION FOR TERMINATION OF PARENT-CHILD RELATIONSHIP PAGE 7 American LegalNet, Inc. www.FormsWorkflow.com 3 This paragraph need not be included if the ground for termination of parental rights is found in Idaho Code § 162005(2) (child conceived as a result of rape, etc.; parent subject child to torture, etc.; or child is an abandoned infant). PETITION FOR TERMINATION OF PARENT-CHILD RELATIONSHIP PAGE 8 American LegalNet, Inc. www.FormsWorkflow.com