ICPC State Pages

Idaho Adoption

Idaho permits the following types of adoptions in addition to public adoptions:

Adoption Statute-Non-Agency; Independent; Private Adoptions:

• Private Agency Adoptions: Idaho Statute 16-1605.  IDAPA 16.16.06.700-710 outlines services provided by licensed children's agencies performing adoption services

• Private Attorney Adoptions: Idaho Statute 16-1506 states that adoption home studies are not required when the prospective adoptive parent is married to the birth parent or is the grandparent of the child to be adopted unless one is ordered by the court.  It further clarifies that In exigent circumstances where the prospective adoptive parents have been unable to complete an adoption home study prior to the time the child is placed in the home, the child shall remain in the home unless the court determines the best interests of the child are served by other placement.  If exigent circumstances exist an adoption home study shall be initiated within five (5) days of  the child's placement.  Once intitated, all studies must be completed within sixty (60) days.

• Independent Adoptions: Idaho Statute 16-1506  states that if no adoption home study has been conducted, the Department, certified adoption professional or licensed adoption agency must complete a social investigation including information as to the alleged date and place of birth and as to parentage of the child to be adopted as well as the source of all such information and report the written findings to the court.   The social investigation must occur within thirty (30) days after the petition is filed with the court.   IDAPA 16.05.06.100.01 Adoptive applicants must submit to fingerprint and criminal background checks.

Public

Public Adoptive Placement-Requirements:

• The adoptive family must have a current (within 1 year) adoption home study which includes a criminal history/child abuse background check clearance (within 3 years) and full disclosure of the child's history and needs must occur prior to adoptive placement of the child.  Monthly home visits must occur during the mandatory 6 month pre-finalization supervision period.  This supervision period may be reduced to 3 months if the child lived with the family as a foster care placement for a minimum of six (6) months preceeding the adoptive placement.  Adoption Assistance Agreements must be completed prior to the finalization of the adoption.  Written consent of the Director of the Department of Health and Welfare is required at the finalization of the adoption of any Idaho child in the legal guardianship of the Department.  Written consent of the legal guardian (or designee) of any child being adopted must be obtained by the Court as part of the adoption finalization.

Adoption Assistance

Adoption assistance payments begin:

• Other : At the time the child is placed. Adoption Assistance Agreements go into effect at the time of finalization of the adoption. If a child is placed out of state for adoption, Adoption Assistance benefits may begin as early as the time of adoptive placement.

Sending State Adoption Subsidy Payments (Guidelines):

• No information

Special Needs

Idaho definition of "Special Needs":

• Idaho's definition of special needs can be found at IDAPA 16.06.01.900. A child who cannot or should not be returned to the home of the parents as evidenced by an order from a court of competent jurisdiction terminating parents rights or its equivalent; and (a) the child has a physical, mental, emotional or medical disability or is at risk of developing such a disability based on the child's experience of documented physical, emotional or sexual abuse or neglect; or (b) the child's age makes it difficult to find an adoptive home; or (c) the child is being placed for adoption with at least one (1) sibling; and (d) the state must make a reasonable but unsuccessful effort to place the child with special needs without a subsidy, except in cases where it is not in the best interests of the child due to his significant emotional ties with the foster parent(s) or relative(s) who are willing to adopt the child.

Finalization

Adoption may be finalized in another state:

• Yes

Before finalization can occur in Idaho, child must be in adoptive placement:

• 6 months
• Other

Statutory code/cite for Adoption Petition:

• Idaho Statute 16-1506 The adopting parent(s) are required to have resided and maintained a dwelling within the state of Idaho for at least six (6) consecutive months prior to the filling of a petition. 

Court Jurisdiction for Adoption Cases:

• Idaho Statute 16-1506 The district court of the county in which the prospective adoptive parent(s) reside .  If the adoption arises from a child protective act case, the petition is filed in the court having jurisdiction over the child protective act case unless that court relinquishes jurisdiction over the adoption proceeding.

Home Study (Adoptions)

Statutory code/cite for the Adoptive Home Studies:

• Idaho Statute 16-1506; IDAPA 16.06.01.770-780 and 16.06.02.671 outline information required to be included in an adoption home study requirements including residence, age, personal and medical references, household financial information and ability to meet the needs of the child to be placed for adoption.