Idaho § 39-1221 REMOVAL OF CHILDREN

Idaho Statutes

§ 39-1221 — REMOVAL OF CHILDREN

Idaho § 39-1221

Title 39HEALTH AND SAFETY

Ch. 12CHILD CARE LICENSING REFORM ACT

This text of Idaho § 39-1221 (REMOVAL OF CHILDREN) is published on Counsel Stack Legal Research, covering Idaho primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Idaho Code § 39-1221 (2026).

Text

Any child or children receiving child care in a children’s residential care facility or children’s therapeutic outdoor program found to be operating without a license may be removed from such home, agency or institution upon order of the magistrate court of the county in which the child is receiving care and returned to the child’s own home, or placed in the custody of the department if the child’s custodial parent is not available. The prosecuting attorneys of the several counties shall represent the department at all stages of the proceedings before the magistrate court. The magistrate court shall retain jurisdiction relative to child custody pursuant to the provisions of this section. In the event that the prosecuting attorney in the county where the alleged violation occurred fails or 

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Any child or children receiving child care in a children’s residential care facility or children’s therapeutic outdoor program found to be operating without a license may be removed from such home, agency or institution upon order of the magistrate court of the county in which the child is receiving care and returned to the child’s own home, or placed in the custody of the department if the child’s custodial parent is not available. The prosecuting attorneys of the several counties shall represent the department at all stages of the proceedings before the magistrate court. The magistrate court shall retain jurisdiction relative to child custody pursuant to the provisions of this section. In the event that the prosecuting attorney in the county where the alleged violation occurred fails or refuses to act within sixty (60) days of notification of the violation, the attorney general is authorized to prosecute violations under this chapter.

Legislative History

[39-1221, added 1963, ch. 320, sec. 14, p. 901; am. 1990, ch. 215, sec. 22, p. 578; am. 1990, ch. 214, sec. 4, p. 567; am. 2001, ch. 93, sec. 15, p. 241; am. 2002, ch. 219, sec. 11, p. 604.]