Idaho Juv. R. 40

As amended through November 5, 2024

Rule 40 - Notice of Further Proceedings Including Parents, Foster Parents and Others (CPA)

(a) After the adjudicatory hearing, any person who is designated by the Department of Health and Welfare as the foster parent, as a preadoptive parent, or as a relative providing care for a child who is in the custody of the department, shall be provided with notice of, and have a right to be heard in, any further hearings to be held with respect to the child. This provision shall not be construed to require that any foster parent, preadoptive parent, or relative providing care for the child be made a party to the proceeding solely on the basis of such notice and right to be heard. The Department of Health and Welfare shall provide this notice and shall confirm to the court that the notice was given.

(b) After the adjudicatory hearing, a child age eight (8) or older, shall be provided with notice of, and have a right to be heard, either in person or in writing, in any further hearings to be held with respect to the child. The Department of Health and Welfare shall provide this notice and shall confirm to the court that the notice was given. If the child chooses to be heard in writing, the writing shall be filed, copies provided to all parties and to the Department of Health and Welfare, whether or not a party, and considered by the court. The court is not required to continue a hearing where notice is not given or where the child does not appear, but the court may continue the hearing at its discretion. This provision does not supersede the Idaho Rules of Evidence in any proceeding to which the Idaho Rules of Evidence apply.

(c) Children age 12 and older are required to attend their 6-month review and permanency hearings in person or telephonically, unless the youth declines in writing prior to the hearing, declines through counsel, or the court finds good cause to excuse the youth from attending a 6...month review or permanency hearing.

(d) Notice to any party of the time, date, and place of further proceedings after an initial appearance or service of summons may be given in open court, by written acknowledgment of receipt, or by mail to any party. Notice shall be sufficient if the clerk deposits the notice in the United States mail, postage prepaid, to the address provided by the party to the court or the address at which the party was initially served, and files a certificate of such service, or if notice is sent by registered or certified mail.

(e) The notice of hearing shall conform to the following format:

IN THE DISTRICT COURT OF THE _______JUDICIAL DISTRICT OF THE STATE OF IDAHO,

IN AND FOR THE COUNTY OF ___________________

IN THE MATTER OF:	)	Case No. _ )
_____,	)	NOTICE OF HEARING
A child under the age of	)
eighteen (18) years.	)
__________________	)

PLEASE TAKE NOTICE that the above matter has been set for hearing in the Magistrate Court at the _______ County Courthouse, (address), (city), Idaho, on the day of, 20____, at______o'clock .m. The nature of the hearing is:

Shelter Care Hearing

________Pretrial Conference

________Adjudicatory Hearing

Case Plan Hearing ________Permanency Hearing (Aggravated Circumstances)

Review Hearing

_ Permanency Hearing (12 month)

_ Other:_________________________

You are further notified that the parent(s), guardian, or custodian have the right to be represented by an attorney of your choosing, or if financially unable to pay, have the right to have an attorney appointed by the court to represent the child or the parent(s), guardian, or custodian at public expense. If you wish to have an attorney appointed at public expense, you must contact the court at the address given above, at least two days prior to the hearing, for the court to inquire whether the parent(s), guardian, or custodian require the separate appointment of an attorney.

DATED this _ day of _, 20_.

CLERK OF THE DISTRICT COURT

By: ____________________________

Deputy Clerk

CERTIFICATE OF SERVICE

I hereby certify that copies of this notice were served as follows on this date: ________.

Parent(s) /Guardian/Custodian: Hand Delivered Mailed

_______________________________________________

Parent's/Guardian's/Custodian's Signature of Hand Receipt

Defense Counsel:

Hand Delivered ____ Mailed ____

Prosecutor:

Hand Delivered ____ Mailed ____

Other: _

Hand Delivered ____ Mailed ____

Probation Officer/Caseworker:

Hand Delivered ____ Mailed ____

By _________________________

Deputy Clerk

Id. Juv. R. 40

Revised Rule 40 - adopted August 21, 2006; amended December 5, 2007; amended April effective 7/1/2012; amended December 10, 2015, effective 7/1/2016; amended September 11, 2024, effective 9/11/2024.