Rule 43 - Judicial Review of Placement, Judicial Approval of Out-of-State Placement, and Judicial Approval of Placement in a Qualified Residential Treatment Program (C.P.A.)(1) This rule does not apply to extended home visits, which are addressed in IJR 42, to return to home under protective supervision, which is addressed in I.C. § 16-1622, or to the removal of a child who is in the custody of a parent under the protective supervision of the department, which is addressed in I.C. § 16-1623.(2) When legal custody of a child is vested in the department, in the department, the department will include information about the child's placement in the Report of Investigation and every report or plan filed thereafter with the court. The report or plan will identify the child's placement, whether there has been a change in placement since the last hearing, and if so, the reasons for the change in placement, and the reasons for the selection of the new placement. If safety reasons prevent identifying the placement, the plan or report will describe the nature of the placement and the safety reasons preventing identification of the placement.(3) The court will approve the department's placement unless the court finds by a preponderance of the evidence that the placement is not in the best interest of the child.(4)Judicial Review of Placement(a) Where legal custody of a child is vested in the department, any party or counsel for a child may, at or after the disposition phase of the Adjudicatory Hearing, file and serve a written motion to contest matters relating to the placement of the child by the department. The motion will be accompanied by a supporting affidavit that sets forth the reasons why the court should not approve the placement. The department will file and serve a written response to the motion within seven (7) days of the filing of the motion. The response will be supported by an affidavit that sets forth the reasons why the court should approve the placement. Any other party, or counsel for the child, may also file and serve a written response to the motion, within seven (7) days of the filing of the motion. The response may be supported by an affidavit that may set forth the reasons why the placement should or should not be approved. Any party filing a motion or response may waive the right to a hearing. Copies of motions contesting placement, responses, and supporting affidavits will be served on all parties, the department and counsel for the child.(b) Within fourteen (14) days of the filing of the motion, the court will schedule a hearing on the motion, unless waived by the moving party and all responding parties. The hearing must be held no later than thirty days (30) days from the date the motion was filed. If the court approves the placement, the court will enter an order denying the motion. If the court does not approve the placement, the court will enter an order directing the department to identify and implement an alternative placement in accordance with applicable law.(5)Judicial Approval of Out-of-State PlacementWhen legal custody of a child is vested in the department the department proposes to place the child out-of-state, the department will file a written motion for approval of out-of-state placement. The motion will be accompanied by a supporting affidavit that sets forth the reasons for the placement. The motion will also be accompanied by documentation showing that the placement complies with the Interstate Compact on the Placement of Children, Title 16, Chapter 21, Idaho Code. Any party, or counsel for the child, may object to the motion by filing a written response, which shall be filed within fourteen (14) days of the filing of the motion. The response will be accompanied by a supporting affidavit setting forth the reasons why the court should not approve the placement. Within thirty (30) days of the date the motion was filed, the court will hold a hearing on the motion unless waived by the moving party and all responding parties.
(6)Judicial Approval of Placement in a Qualified Residential Treatment Program(a) When legal custody of a child is vested in the department and the child has been placed in a qualified residential treatment program, the court must approve or disapprove the placement within sixty (60) days from the date of placement.(b) Anytime a child is placed in a qualified residential program, the department shall file a notice with the court within seven (7) days of the placement and shall file an amendment to the case plan with a copy of the assessment report by the qualified individual within five (5) days of receipt of the assessment report but not later than thirty five (35) days from the date of the placement.(c) Any party, the department of health and welfare or counsel for the child may file a written response to the assessment report or amendment to the case plan within seven (7) days of the filing of the assessment. The response will set forth the reasons why the court should or should not approve the placement or be accompanied by a supporting affidavit.(d) Within fourteen (14) days of the filing of the assessment, the court will hold a hearing to review the assessment and rule on the matter unless the hearing is waived by the parties. The order approving or disapproving the placement must be entered not later than sixty (60) days from the date of the placement. If the court approves the placement in a qualified residential treatment program, the court shall order the amended case plan for the child. If the court does not approve the placement in the qualified residential treatment program, placement will be decided by the legal custodian.Adopted July 1, 2016, effective 7/1/2016; amended October 15, 2021, effective 10/15/2021.