16-2005. Conditions under which termination may be granted. (1) The court may grant an order terminating the relationship where it finds that termination of parental rights is in the best interests of the child and that one (1) or more of the following conditions exist:
(2) The court may grant an order terminating the relationship and may rebuttably presume that such termination of parental rights is in the best interests of the child where:
(3) The court may grant an order terminating the relationship if termination is found to be in the best interest of the parent and child.
(4) The court may grant an order terminating the relationship where a consent to termination in the manner and form prescribed by this chapter has been filed by the parent(s) of the child in conjunction with a petition for adoption initiated by the person or persons proposing to adopt the child, or where the consent to termination has been filed by a licensed adoption agency, no subsequent hearing on the merits of the petition shall be held. Consents required by this chapter must be witnessed by a district judge or magistrate of a district court, or equivalent judicial officer of the state, where a person consenting resides or is present, whether within or without the county, and shall be substantially in the following form:
I (we), the undersigned, being the…. of…., do hereby give my (our) full and free consent to the complete and absolute termination of my (our) parental right(s), to the said…., who was born….,…., unto…., hereby relinquishing completely and forever, all legal rights, privileges, duties and obligations, including all rights of inheritance to and from the said…., and I (we) do hereby expressly waive my (our) right(s) to hearing on the petition to terminate my (our) parental relationship with the said…., and respectfully request the petition be granted.
On this…. day of…., 20.., before me, the undersigned….,…. (Judge or Magistrate) of the District Court of the…. Judicial District of the state of Idaho, in and for the county of…., personally appeared…., known to me (or proved to me on the oath of….) to be the person(s) whose name(s) is (are) subscribed to the within instrument, and acknowledged to me that he (she, they) executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written.
The court shall accept a consent or a surrender and release executed in another state if:
(5) Unless a consent to termination signed by the parent(s) of the child has been filed by an adoption agency licensed in the state of Idaho, or unless the consent to termination was filed in conjunction with a petition for adoption of the child, the court shall hold a hearing.
(6) If the parent has a disability, as defined in this chapter, the parent shall have the right to provide evidence to the court regarding the manner in which the use of adaptive equipment or supportive services will enable the parent to carry out the responsibilities of parenting the child. Nothing in this section shall be construed to create any new or additional obligation on state or local governments to purchase or provide adaptive equipment or supportive services for parents with disabilities.
[16-2005, added 1963, ch. 145, sec. 5, p. 420; am. 1971, ch. 266, sec. 2, p. 1067; am. 1987, ch. 207, sec. 1, p. 436; am. 1990, ch. 25, sec. 1, p. 38; am. 1994, ch. 393, sec. 4, p. 1248; am. 1994, ch. 426, sec. 2, p. 1336; am. 1996, ch. 365, sec. 2, p. 1224; am. 1998, ch. 310, sec. 1, p. 1028; am. 1999, ch. 314, sec. 1, p. 779; am. 2000, ch. 77, sec. 1, p. 161; am. 2000, ch. 171, sec. 9, p. 435; am. 2002, ch. 233, sec. 10, p. 680; am. 2003, ch. 260, sec. 1, p. 683; am. 2005, ch. 391, sec. 49, p. 1298; am. 2013, ch. 287, sec. 12, p. 758; am. 2016, ch. 296, sec. 7, p. 834.]