Idaho Administrative Code
Title IDAPA 16 - Health and Welfare, Department of
Rule 16.06.01 - CHILD AND FAMILY SERVICES
CHILD PROTECTION SERVICES
Section 16.06.01.571 - CHILD CUSTODY INVESTIGATIONS FOR THE DISTRICT COURT
Current through September 2, 2024
Where no other community resources are available and when ordered by the district courts, the Department will, for a fee of thirty-five dollars ($35) per hour, conduct safety and comprehensive assessments and provide social information to assist the court in child custody actions, to assist the court to determine the most therapeutic placement for the child.
01. Requests From Private Attorney. If a parent's attorney requests a safety or comprehensive assessment, or both, and a report of findings regarding the fitness of a parent, the attorney must be advised that such service is provided on behalf of a child but not on behalf of a litigant, and that any such assessment and report would be provided to the court pursuant to a court order.
02. Conduct of the Assessment. In conducting the assessment, the family services worker must explain to the family the purpose for which the information is being obtained. If the judge intends to treat the report as evidence, the family must be informed that any information they provide will be brought out at the court hearing. If the family refuses to give information to the family services worker, the Department has no authority to require cooperation. However, the judge may issue an order directing the family to provide information to the family services worker for the purpose of making a report to the court.
03. Report to Court. The family services worker will provide a report only to the Magistrate judge who ordered the assessment, and must use the Department's format for the assessment of need. The report must describe what was observed about the home conditions and the care of the child(ren).
04. Department Clients. If the family is or has been a client of the Department, disclosure of information must comply with IDAPA 16.05.01, "Use and Disclosure of Department Records."
Effective March 15, 2022
