Idaho
Statutes and Regulations
Pertaining
to Psychologists
(last
updated April 2005)
DRAFT – OPEN FOR PUBLIC COMMENT
(Email
comments to robemark@isu.edu)
Purpose
of the proposed IBOL Jurisprudence Webpage
The list of Idaho statutes
and administrative rules referenced below is an attempt by the Idaho Board of
Psychologist Examiners to inform and update psychologists practicing in Idaho as
to current state laws and rules that may affect their practice.
In addition, all applicants for licensure are required to certify that
they have reviewed the webpage, insuring an introduction to the local
jurisdiction. [This will require a rule change that has not yet been approved by
the Board.] The list and our comments are not intended as legal advice.
Psychologists should seek legal counsel as needed.
Moreover, the Board does not presume to have identified all laws/rules
that might be germane for all psychologists in the state.
Rather, the Board has identified laws/rules that it believes are of
importance to routine clinical practice and has provided a mechanism for
psychologists to search for additional laws/rules that might be relevant to
their specific practice. The Board will review and update the webpage
periodically. The following
websites are very useful for conducting searches:
Idaho Statutes: Titles 1-73
http://www3.state.id.us/idstat/TOC/idstTOC.html
Idaho Legislature
http://www3.state.id.us/legislat/idstat.html
US Courts: Districts of Idaho
http://www.id.uscourts.gov/
Idaho
Department of Administration: Administrative Rules for the Department of Health
and Welfare
http://www2.state.id.us/adm/adminrules/rules/idapa16/16index.htm
Idaho
Department of Administration: Administrative Rules – Rulemaking Index
http://www2.state.id.us/adm/adminrules/bulletin/cumindex.htm
The list is organized into categories that contain an identifiable set of
relevant codes. Each entry is underlined, specifying the code number (Title –
Chapter/number) and the heading given to that statute. For example, the first
statute in the Psychology Practice Act is I.C. 54-2301, which indicates Idaho
Code Title 54, Chapter 23, Section number 01.
A brief synopsis is presented, followed by a weblink to the entire
statute. Parenthetical remarks made
by the Board are inserted in italics. The synopses and remarks should alert the
reader to the relevance of the statute for a particular professional issue.
The synopses and remarks do not substitute for the statute.
Please use the available link to read the exact language and obtain legal
consultation as needed.
The Board welcomes recommendations to make this webpage better (e.g.,
more inclusive, greater accuracy). To make a suggestion simply email the Board
at the Idaho Bureau of Occupational Licenses (psy@ibol.idaho.gov).
The Board will consider all recommendations and make appropriate revisions to
the webpage.
I.
Practice of Psychology in Idaho
I.C.
Sections 54-2301 through 2315 Chapter 23 Psychologists
Provides
definitions of psychological services and practices and titles pertaining to
such services/practices. Four exemptions from licensure requirements are
defined: public employment, student activities, qualified members of other
licensed professions, and individuals supervised by licensed psychologists in
accordance with Board rules. The Board of Psychologist Examiners is created.
Qualifications for licensure by application or endorsement are specified.
Sanctions for unprofessional conduct are listed. Privileged communication
between licensed psychologist and patient is recognized.
Fee limits are specified.
http://www3.state.id.us/idstat/TOC/54023KTOC.html
Note that
Statute 54-2309 gives the Board the power to sanction psychologists found in
violation of the current APA Ethical Principles of Psychologists and Code of
Conduct http://www3.state.id.us/cgi-bin/newidst?sctid=540230009.K .
You
can access the code at: http://www.apa.org/ethics/code2002.html
IDAPA 24 Title 12, Chapter 1 (24.12.01) Rules of the Idaho State Board of Psychologist
Examiners
Contains all current operational and procedural rules pertaining to actions by the Board.
These include fees, examinations, educational requirements, code of ethics, sanctions,
continuing education, license renewals, service extenders, requirements for supervised
practice, supervision of unlicensed Psychologists in Training and unlicensed Psychologists
under Supervision. http://www.ibol.idaho.gov/ Follow the links to “Psychology” and then
to “Rules”
The Board asks all license holders
to pay particular attention to the Continuing Education section (Rule 400), as
inattention to the current criteria can create problems at the point of
licensure renewal. Those
psychologists supervising service extenders need to attend to all the details
specified in Rule 450. Errors here have caused significant problems for licensed
psychologists who have accepted the responsibilities of supervising extenders.
Finally, those psychologists supervising Psychologists in Training and
Psychologists under Supervision have specific duties to perform as indicated
in Rule 600.
II.
Consent to Treatment
Particular individuals are legally incapable of giving psychologists consent for assessment or treatment. You cannot provide services to such individuals without the consent of a legally authorized person, such as the parent of a minor child. There are some exceptions, however, as noted below. The Idaho code defines an “emancipated minor” in the chapter specific to developmental disabilities, I.C. 66-402, as youth between the ages of 14 and 18 who are married or for whom circumstances have resulted in “renouncing” the parent-child relationship. There is no broad statute in Idaho that allows us to recognize an emancipated minor. I.C. 32-101 indicates that married persons of any age can enter a contract, but that does not allow such individuals to consent to assessment or treatment.
I.C. 32-101: Minors Defined
Minors are:
1. Males under eighteen (18) years of age.
2. Females under eighteen (18) years of age.
3. Provided, that any male or any female who has been married shall be competent to
enter a contract, mortgage, deed of trust, bill of sale and conveyance, and sue or
be sued thereon.
http://www3.state.id.us/cgi-bin/newidst?sctid=320010001.K
I.C. 32-103: Contracts of Minors--Disaffirmance
The contract of a minor, if made while he is an unmarried minor may be disaffirmed by the minor himself, either before his majority or
within a reasonable time afterwards; or, in case of his death within that period, by his heirs
or personal representatives.
http://www3.state.id.us/cgi-bin/newidst?sctid=320010003.K
Minors cannot enter into contracts with psychologists or anyone else. There are some
exceptions to this statute, however, referring to emancipated minors (“when not under the care of a parent or guardian”) or court ordered contractual relationships, including
court ordered treatment.
I.C. 32-104 Contracts of Minors - Necessaries
http://www3.state.id.us/cgi-bin/newidst?sctid=320010004.K
I.C. 32-105 Contracts of Minors Authorized by Statute
http://www3.state.id.us/cgi-bin/newidst?sctid=320010005.K
I.C. 39-4302: Persons Who May Consent to Their Own Care
Any person of ordinary intelligence and awareness sufficient for him or her generally to
comprehend the need for, the nature of and the significant risks ordinarily inherent in
any contemplated hospital, medical, dental or surgical care, treatment or procedure is
competent to consent thereto on his own behalf. The patient must “appear” to possess
the requisite intelligence and awareness to the provider of services.
http://www3.state.id.us/cgi-bin/newidst?sctid=390430002.K
I.C. 39-4303: Persons Who May Give Consent to Care for Others
Consent for the furnishing of hospital, medical, dental or surgical care, treatment or
procedures to any person who is not then capable of giving such consent as provided
in this act or who is a minor or incompetent person, may be given or refused by any
competent parent, spouse, or legal guardian of such person unless the patient is a
competent adult who has refused to give such consent.
http://www3.state.id.us/cgi-bin/newidst?sctid=390430003.K
I.C. 39-4303 is particularly relevant when the legal guardian of minor children is
divorced and a non-custodial parent is present. Under such circumstances the statute
gives the non-custodial parent the right to terminate therapy initiated by the custodial
spouse. The service-seeking spouse should be fully informed of this possibility prior to
receiving professional services.
I.C. 39-4304: Sufficiency of Consent
Consent for the furnishing of hospital, medical, dental or surgical care, treatment or
procedures shall be valid in all respects if the person giving it is sufficiently aware of
pertinent facts respecting the need for, the nature of and the significant risks ordinarily
attendant upon such a patient receiving such care, as to permit the giving or
withholding of such consent to be a reasonably informed decision.
http://www3.state.id.us/cgi-bin/newidst?sctid=390430004.K
I.C. 39-4304 indicates that consent forms need to include information about the nature
of services and any risks to participation.
I.C. 39-4305: Form of Consent
Written consent, in the absence of convincing proof that it was secured maliciously or
by fraud, is presumed to be valid for the furnishing of medical care, treatment, or
procedures, and the advice and disclosures of the attending physician or dentist, as
well as the level of informed awareness of the giver of such consent, shall be presumed
a sufficient form of consent.
http://www3.state.id.us/cgi-bin/newidst?sctid=390430005.K
A signed consent form is generally accepted as documentation. The absence of a
signed consent form indicating patient comprehension and acceptance of services
puts a difficult burden on the psychologist to demonstrate compliance with I.C. 39-4305
I.C. 39-4306: Responsibility for Consent and Documentation Thereof
Obtaining consent for health care is the duty of the attending physician or dentist or of
another physician or dentist acting on his or her behalf or actually providing the
contemplated care, treatment or procedure; however, a licensed hospital and any
medical or dental office lay or professional employee, acting with the approval of such
a physician or dentist, may secure the completion and execution of a form or statement
of consent.
http://www3.state.id.us/cgi-bin/newidst?sctid=390430006.K
Exceptions
I.C. 39-3801: Infections, Contagious, or Communicable Disease—Medical
Treatment of Minor 14 Years of Age or Older—Consent of Parents or Guardian
Unnecessary
A minor 14 years of age or older who may have come into contact with any infectious,
contagious, or communicable disease may give consent to the furnishing of hospital,
medical and surgical care related to the diagnosis or treatment of such disease, if the
disease or condition is one which is required by law, or regulation adopted pursuant to
law, to be reported to the local health officer.
http://www3.state.id.us/cgi-bin/newidst?sctid=390380001.K
Minors with communicable diseases may legally consent to their own treatment, which
specifically includes sexually transmitted diseases.
I.C. 39-307: Voluntary Treatment of Alcoholics and Addicts
An alcoholic or an addict may apply for voluntary treatment directly to any approved
public treatment facility. If the proposed patient is a minor or an incompetent person,
he, a parent, legal guardian, or other legal representative shall make the application.
http://www3.state.id.us/cgi-bin/newidst?sctid=390030007.K
I.C. 37-102 Request for Treatment and Rehabilitation – Information Confidential
Allows 16- and 17-year olds to consent to treatment for substance abuse without the
consent of their parents and that such information is legally privileged.
http://www3.state.id.us/cgi-bin/newidst?sctid=370310002.K
I.C. 16-2422: Informed Consent to Medication or Other Treatment—Persons Under
Voluntary Treatment
A facility may not administer any treatments or medications to a child admitted to the
facility as a voluntary patient under I.C. 16-2407, unless the parent, guardian or
custodian of the child has given informed consent to the treatment. Exceptions:
emergency or medically necessary treatments may be given without informed consent,
if delay in treatment may cause harm to the child, and the parent, guardian, or
custodian of the child is not available.
http://www3.state.id.us/cgi-bin/newidst?sctid=160240022.K
Codes cited within this statute:
I.C. 16-2407 http://www3.state.id.us/cgi-bin/newidst?sctid=160240007.K
I.C. 16-2418 http://www3.state.id.us/cgi-bin/newidst?sctid=160240018.K
I.C. 16-2423: Informed Consent to Medication or Other Treatment—Persons Subject
To Involuntary or Emergency Treatment
During an emergency evaluation under section 16-2413, Idaho Code, the treatment
facility may administer necessary medications or other treatments, except for
electroconvulsive treatments, to a child, consistent with good medical practice
without the informed consent of the parent of the child, if it is not possible to obtain
such consent.
http://www3.state.id.us/cgi-bin/newidst?sctid=160240023.K
Codes cited within this statute:
I.C. 16-2413 http://www3.state.id.us/cgi-bin/newidst?sctid=160240013.K
I.C. 18-609A Consent Required for Abortions for Minors
Abortions require the consent of the minor and the minor’s parent or guardian unless
the minor is emancipated or the minor has been granted the right of self-consent by a
court.
http://www3.state.id.us/cgi-bin/newidst?sctid=180060009A.K
III.
Records
There are several topics regarding medical records, which include records
maintained by psychologists. These include the responsibility to construct
records, to release those records when authorized by the patient or required to
do so by law, to protect the patient’s legal privilege of confidentiality, and
to maintain records for specific periods to provide for subsequent patient care.
In addition, psychologists who bill insurance or other third parities are likely
to fall under the federal regulations related to HIPAA, the Health Insurance
Portability and Accountability Act. See
the HIPAA website at:
http://www.hhs.gov.html
Any psychologist who routinely
interacts with the Department of Health and Welfare would be well advised to
carefully review the following administrative
rules pertaining to access to records:
IDAPA 16
(16.05.01) Use and Disclosure of Department Records
All rules governing access to
information in Department of Health and Welfare files are in 16.05.01
http://www2.state.id.us/adm/adminrules/rules/idapa16/16index.htm
Legal
Privilege
Legal
Privilege of Patients to Confidentiality:
Idaho
Code Rules of Evidence
Rule
503: Physician and psychotherapist-patient privilege Defines patient,
psychotherapist, and confidential communication. Defines a psychotherapist as a
physician engaged in mental health services or a licensed psychologist. Affords
the patient the privilege to refuse to disclose confidential information and to
prevent the psychotherapist from disclosing protected mental health information.
The privilege extends to both civil and criminal actions. Exceptions are:
proceedings for guardianship, conservatorship, or hospitalization, examination
by order of court, patient’s condition is an element of a claim against the
therapist, or child related communications, including issues of the child’s
health and welfare, but not limited to issues of abuse, neglect, or abandonment
http://www.isc.idaho.gov/rules/evid503.rul
Rule
510: Waiver of privilege by voluntary disclosure
The
holder of the privilege (the patient) can voluntarily disclose or consent to
release the information.
http://www.isc.idaho.gov/rules/evid510.rul
Rule 511:
Disclosure under compulsion resulting in inadmissible evidence
Evidence
is not admissible against the holder of the privilege (the patient) if the
disclosure was (a) compelled erroneously or (b) made without opportunity to
claim the privilege
http://www.isc.idaho.gov/rules/evid511.rul
Rule 517:
Licensed Counselor-Client Privilege
Similar
to the Rule 503, but excludes some civil actions from the privilege.
http://www.isc.idaho.gov/rules/evid517.rul
I.C.
54-2314 Privileged communication – confidential relations and communications
between psychologist and client
A
specific statute in the Psychology Chapter, consistent with Rule 503
http://www3.state.id.us/cgi-bin/newidst?sctid=540230014.K
I.C.
9-203 (6)A Confidential relations and communications
A
certified counselor, psychologist, or psychological examiner employed by a
public or private educational institution for counseling students, is protected
against disclosing any information regarding the student in any civil or
criminal action. This communication
is considered privileged information
http://www3.state.id.us/cgi-bin/newidst?sctid=090020003.K
I.C. 39-308 Records of alcoholics, intoxicated, or
addicted persons
Insures that treatment records of such individuals are privileged.
http://www3.state.id.us/cgi-bin/newidst?sctid=390030008.K
A psychologist working for an alcohol and drug program which is
federally assisted (e.g., tax exempt status, Medicare provider, etc.) would also
have to comply with federal regulations governing confidentiality of alcohol and
drug abuse records (42 Code of Federal Regulations, Part 2).
Access to
Records in Specific Populations
Adults
Subject to the Adult Abuse, Neglect, and Exploitation Act
I.C. 39-5307: Access to Records
Allows individuals, departments, or agencies (currently the Office on Aging)
designed
to carry out the Adult Abuse, Neglect, and Exploitation Act to access all
relevant
records for a specific case. The Office on Aging, however, is prohibited from
divulging
medical records for any purpose without the expressed written consent of such
person
or his legal representative, or pursuant to other proper judicial process.
http://www3.state.id.us/cgi-bin/newidst?sctid=390530007.K
Patients Subject to Involuntary Commitment
I.C. 66-346 Patient’s Rights to Communication and Visitation
Involuntarily committed patients have the right to “reasonable access” to all records
concerning him/herself. It is possible in very limited circumstances for a director of a
facility to deny access to some records; such actions are subject to legal review.
http://www3.state.id.us/cgi-bin/newidst?sctid=660030046.K
I.C.
66-348 Disclosure of Information
Allows
disclosures of involuntarily committed patients’ upon written request of the
patient, the patient’s attorney, or the court (serving the public’s
interest)
http://www3.state.id.us/cgi-bin/newidst?sctid=660030048.K
Minors
I.C. 32-717A Parent’s Access to Records and Information
Specifies that access to minor child’s records shall not be denied to a parent because
the parent is not the child’s custodial parent.
http://www3.state.id.us/cgi-bin/newidst?sctid=320070017A.K
Note that parents and legal guardians have the right to access the medical
records of their minor children. The fact that a parent is recognized by a court as the
non-custodial parent does not change that right of access.
Minors in Substance Abuse Treatment
I.C. 37-3102: Request for Treatment and Rehabilitation—Information Confidential
Persons seeking treatment for substance abuse shall not be reported to law
enforcement officers or agencies. Such information is inadmissible as evidence. If
the person seeking treatment or rehabilitation for substance abuse is 16 years of age
or older, such information shall not be reported to the parents or legal guardian of the
person without his/her consent. Minors shall be counseled as to the benefits of involving
his parents or legal guardian in his treatment or rehabilitation. Basically, the privacy
protection afforded to adolescents (over 16) seeking substance abuse treatment is
very strong. They can consent to treatment and restrict the parent’s access to their
records.
http://www3.state.id.us/cgi-bin/newidst?sctid=370310002.K
Codes cited within this statute:
I.C. 37-3101 http://www3.state.id.us/cgi-bin/newidst?sctid=370310001.K
For more information on specific legislation with substance abusing populations,
see Title 39, Chapter 3, the Alcoholism and Intoxication Treatment Act
http://www3.state.id.us/idstat/TOC/39003KTOC.html
Minors Engaged in Children’s Mental Health Services
I.C. 16-2428 Confidentiality and disclosure of Information
Children who are involuntarily treated under the Children’s Mental Health Services
Chapter cannot restrict parent access to basic records and reports constructed by
the agency. However, such children 14 years and older can restrict “confidential
statements” made during the course of therapy unless disclosure is necessary to
obtain insurance coverage, carry out treatment, prevent harm, or is court ordered.
http://www3.state.id.us/cgi-bin/newidst?sctid=160240028.K
Note that minors have very limited privileges. Only under very specific
conditions can a minor limit access of their psychological records to their parents or
legal guardians. Minors treated under the Alcoholism and Intoxication Treatment Act
have the most protection, however they must be at least 16 and must be counseled
as to the benefits of involving parents. Children who are involuntarily committed under
the Child Mental Health Act can make “confidential statements” to therapists, but those
are poorly defined and include many exceptions allowing disclosure as noted above.
It is very unlikely that a minor’s file would be considered a series of confidential
statements. A specific section of a chart might be protected if that section were
prefaced with the statement, “Disclosed by the patient only under the condition of
confidentiality.” Children seen in outpatient psychotherapy by private practitioners
do not have any legal privilege to confidentiality. The parents or legal guardians hold
the privilege.
Privilege of Deceased Patients
Idaho code makes no provision for family access to the confidential medical
records of adult patients who are deceased without a court order (e.g., probate court).
The client’s privilege remains after death and records need to be retained for the
minimum period discussed below. Section 164.502 (4) of the HIPAA Law (website noted
above) indicates that an executor of an estate shall be treated as a “personal
representative” of the deceased who may access protected health information.
Moreover, the Federal Substance Abuse Act also indicates that the deceased’s
medical records may be accessed by an executor or other representative designated
in the deceased’s will or appointed by a probate court (42CFR Part 2, 2.15(b), 2).
Given the legal complexity of probate, seek legal counsel when confronted with
requests to release medical records to an executor or other personal representative
of the deceased.
Retention of Records
I.C. 39-1394 Patient Care Records – Retention – Authentication
Indicates that electronic copies are sufficient substitutes for originals in terms of legal
evidence. Allows for the destruction of records after five years.
http://www3.state.id.us/cgi-bin/newidst?sctid=390130094.K
Psychologists should refer to the APA Record Keeping Guidelines, published in 1993
in the American Psychologist. Five to seven years appears to be a reasonable rule for
retention of records in the event of litigation. A footnote in the APA guidelines concurs
that the retention of the entire record for a period of seven years exceeds any current
state statute, including Idaho’s five-year rule. The records of minors should be retained
until at least three years after the minor has reached the age of 18. To see the APA
Guidelines for Record Keeping, go to:
http://www.apa.org/practice/recordkeeping.html
Releasing Records in
Response to Subpoenas
Given
client authorization to release privileged information, psychologists should comply with the relevant subpoena by:
Releasing Records;
Giving Depositions;
Providing testimony at
a Trial.
Without
client authorization, psychologists should retain legal counsel and seek court
assistance to “quash” the subpoena or obtain a
protective order (which limits the disclosure). The client’s records
are legally privileged. Note that the Board of Psychologist Examiners (54-2305e)
has the power in disciplinary proceedings to administer oaths, depose witnesses,
and apply to any court for a subpoena to produce witnesses and records.
http://www3.state.id.us/cgi-bin/newidst?sctid=540230005.K
Statutes Relating to Subpoenas
I.C. 9-704 Subpoena – Service on Concealed Witness
If a witness is concealed in a building, so as to prevent the service of a subpoena upon
him/her, any court or judge, or any officer issuing the subpoena, may, upon proof by
affidavit of the concealment, and of the materiality of the witness, make an order that
the sheriff of the county serve the subpoena, and the sheriff must serve it accordingly,
and for that purpose may break into the building where the witness is concealed.
http://www3.state.id.us/cgi-bin/newidst?sctid=090070004.K
I.C. 9-706 Subpoenas Unnecessary When Person is Present
A person present in court, or before a judicial officer, may be required to testify in the
same manner as if he/she were in attendance upon a subpoena issued by such court
or officer.
http://www3.state.id.us/cgi-bin/newidst?sctid=090070006.K
I.C. 9-708 Disobedience of Subpoena – Penalty To the Aggrieved Party
A witness disobeying a subpoena also forfeits to the party aggrieved the sum of $100,
and all damages, which she/he may sustain by the failure of a witness to attend, which
forfeiture and damages may be recovered in a civil action.
http://www3.state.id.us/cgi-bin/newidst?sctid=090070008.K
See the set of statutes under Title 9 Evidence and Chapter 7
Means of Production of Evidence
http://www3.state.id.us/idstat/TOC/09007KTOC.html
IV.
Mandated Reporting
Duty to
Warn
I.C.
6-1901 through 6-1904 Limitation of a Mental Health Professional’s Duty to
Warn
Defines
conditions under which psychologists must report a threat to both the potential
victim and law enforcement. Specifically,
an explicit threat of imminent serious physical harm to a clearly identified
victim are the conditions mandating the report.
http://www3.state.id.us/idstat/TOC/06019KTOC.html
Child
Protective Act
I.C.
16-1601 through 1637 Defines child abuse and neglect and the
psychologist’s duty to report. The most pertinent statutes are listed below.
http://www3.state.id.us/idstat/TOC/16016KTOC.html
I.C. 16-1619: Reporting of Abuse, Abandonment, or Neglect
Any physician, resident on a hospital staff, intern, nurse, coroner, school teacher,
day care personnel, social worker, or other person having reason to believe that a
child under the age of eighteen (18) years has been abused, abandoned or neglected
or who observes the child being subjected to conditions or circumstances which
would reasonably result in abuse, abandonment or neglect shall report or cause to
be reported within twenty-four (24) hours such conditions or circumstances to the
proper law enforcement agency or the department.
http://www3.state.id.us/cgi-bin/newidst?sctid=160160019.K
I.C.
16-1602: Definitions
Provides
definitions of abuse (physical or sexual), abandonment, neglect
http://www3.state.id.us/cgi-bin/newidst?sctid=160160002.K
I.C.
16-1620: Immunity
Any person who has reason to believe that a child has been abused, abandoned
or
neglected and, acting upon that belief, makes a report of abuse, abandonment
or
neglect as required in section 16-1619, Idaho Code, shall have immunity from
any
liability, civil or criminal, that might otherwise be incurred or imposed.
http://www3.state.id.us/cgi-bin/newidst?sctid=160160020.K
Codes cited within this statute:
I.C. 16-1619: http://www3.state.id.us/cgi-bin/newidst?sctid=160160019.K
I.C. 16-1620A: Reporting in Bad Faith
Any person who makes a report or allegation of child abuse, abandonment or neglect
knowing the same to be false or who reports or alleges the same in bad faith or with
malice shall be liable for damages to the party or parties against whom the report was
made (actual damages or $500, whichever is greater).
http://www3.state.id.us/cgi-bin/newidst?sctid=160160020A.K
Adult
Abuse, Neglect and Exploitation Act
I.C. 39-5301 through 5312 Defines adult abuse, neglect, and exploitation and the
psychologist’s duty to report.
http://www3.state.id.us/idstat/TOC/39053KTOC.html
I.C. 39-5303: Duty to Report Cases of Abuse, Neglect, or Exploitation of Vulnerable
Adults
Any physician, nurse, employee of a public or private health facility, or a state licensed
or certified residential facility serving vulnerable adults, medical examiner, dentist,
ombudsman for the elderly, osteopath, optometrist, chiropractor, podiatrist, social
worker, police officer, pharmacist, physical therapist, or home care worker who has
reasonable cause to believe that a vulnerable adult is being or has been abused,
neglected or exploited shall immediately report such information to the commission.
http://www3.state.id.us/cgi-bin/newidst?sctid=390530003.K
I.C. 39-5302: Definitions
Provides definitions pertinent to adult abuse, neglect, and exploitation.
http://www3.state.id.us/cgi-bin/newidst?sctid=390530002.K
Codes cited within this statute:
67-5011 http://www3.state.id.us/cgi-bin/newidst?sctid=670500011.K
I.C. 39-5304: Reporting Requirements, Investigation, Emergency Access
When a report is required it shall be made immediately to the commission or appropriate
contractor. If known, the report shall contain the name and address of the vulnerable
adult; the caretaker; the alleged perpetrator; the nature and extent of suspected abuse,
neglect or exploitation; and any other information that will be of assistance in the
investigation.
http://www3.state.id.us/cgi-bin/newidst?sctid=390530004.K
Reports to the Idaho Board of Psychologist Examiners
Psychologists have an ethical obligation to attempt to informally resolve
observed ethical violations by another psychologist (APA Code STD 1.04, Informal
Resolution of Ethical Violations). If an apparent ethical violation has the potential for
harm and/or if informal resolution is ineffectual, psychologists take further action,
which could include a formal complaint to the Board of Psychologist Examiners (APA
Code STD 1.05, Reporting Ethical Violations). There is no Idaho Law mandating
reports to the Board.
V. Treatment
I.C.
18-909. Sexual exploitation by a medical care provider
Any
person acting as a psychotherapist or other medical care provider who engages in
an act of sexual contact with a patient/client is guilty of sexual exploitation
by a medical care provider. The
consent of the patient to this behavior may not be used as a defense.
This section does not apply to people previously engaged in a domestic
relationship or marriage. Violation
of this section is punishable by a fine not to exceed one thousand dollars or
imprisonment in jail for up to one year. Sexual
contact is defined as touching of an intimate part, which is a person’s sexual
organ, anus, or groin, or a female’s breast for the purpose of arousal,
gratification, or abuse.
http://www3.state.id.us/cgi-bin/newidst?sctid=180090019.K
A
sexual relationship with a current therapy client is the most common grounds for
licensure revocation. It is not only unethical, in Idaho, like many other
jurisdictions, it is illegal. Note
the APA Code is even more restrictive, prohibiting sexual relations with
relatives or significant others of current therapy clients (APA STD 10.06),
former therapy clients (with some very limited exceptions, APA STD 10.8),and
students and supervisees (APA STD 7.07). Further,
psychologists cannot accept into therapy any former sexual partner (APA STD
10.07).
VI.
Idaho Code Related to Legal Proceedings
I.C.
44-903 Polygraph Evidence
There
are no Idaho laws regarding polygraph evidence, although case law has been
established. The only law in Idaho
that relates to polygraphs is within the labor law.
This law indicates that it is a misdemeanor to require people to submit
to a polygraph examination as a requirement of employment.
http://www3.state.id.us/cgi-bin/newidst?sctid=440090003.K
Crimes
and Punishment: Title 18
I.C.
18-207 Mental Condition Not A
Defense
Mental
condition cannot be used as a defense to any criminal charge.
If the court determines that a convicted person has a mental disorder,
then the state must provide the convicted person with appropriate treatment.
If the person completes treatment prior to the end of their sentence,
they receive time served toward their incarceration.
This statute does not prevent expert evidence from being submitted
regarding the defendant’s state of mind during the offense.
If a party wishes to present evidence regarding mental condition, they
must provide ninety days notice and fully inform the opposing party of the
results of examinations. The state
has the right to employ its own experts to conduct a mental status exam if the
defendant’s condition becomes an issue. If
one is unwilling to cooperate with the court’s evaluation, the court may
decide to disallow the party refusing to cooperate the right to present evidence
regarding their mental condition.
http://www3.state.id.us/cgi-bin/newidst?sctid=180020007.K
I.C.
18-210 Lack of Capacity to Understand Proceedings
A
person who is unable to understand the proceedings or assist in their own
defense due to a mental disorder shall be exempt from being tried, convicted,
sentenced, or punished as long as the incapacity endures.
http://www3.state.id.us/cgi-bin/newidst?sctid=180020010.K
I.C.
18-211 Examinations of Defendant – Appointment of Psychiatrists and Licensed
Psychologists- Hospitalization - Report
If
a person is found to be incapable pursuant to 18-210, then the person shall be
examined by a qualified psychiatrist or psychologist to determine their ability
to understand the proceedings and their ability to work with counsel. The examiner is required to assess the person’s capacity to
make decisions about treatment. The
examiner must designate a place (in/out patient) to assess the person within
three days of being designated. If
the examiner determines that the person will be best assessed within a hospital,
the person cannot be committed for a period that exceeds thirty days. During
the examination, the professional may use any accepted means of evaluation.
The defendant must be released from the hospital within three days if
he/she was confined solely for the purpose of evaluation. The final assessment
must include the following: description
of the exam, evaluation of mental condition, opinion regarding capacity to
understand and assist, and an opinion regarding capacity to make treatment
decisions. If the person is
unwilling to cooperate, a report should be written indicating whether this
unwillingness was the result of a mental disorder.
The court may also provide additional experts to examine the defendant.
If the person is developmentally disabled, the experts must adhere to
subsection (7) of 66-402, Idaho Code. If the defendant lacks the capacity to
make treatment decisions discussed in 66-317, the court may authorize consent
based on 66-322. If the person
lacks capacity outlined in (9) 66-402, then the court may authorize consent
based on 66-404 and 66-405.
http://www3.state.id.us/cgi-bin/newidst?sctid=180020011.K
Codes
cited within this statute:
66-317 http://www3.state.id.us/cgi-bin/newidst?sctid=660030017.K
66-322 http://www3.state.id.us/cgi-bin/newidst?sctid=660030022.K
66-402 http://www3.state.id.us/cgi-bin/newidst?sctid=660040002.K
66-404 http://www3.state.id.us/cgi-bin/newidst?sctid=660040004.K
66-405 http://www3.state.id.us/cgi-bin/newidst?sctid=660040005.K
I.C.
18-212 Determination of Fitness of Defendant to Proceed
If
the defendant’s fitness to proceed or their ability to make informed treatment
decisions is questioned, the court will make a determination based on the report
filed pursuant to 18-211 if neither party contests the findings.
If the court determines that the person is not fit to proceed, they may
be placed in the custody of the director of the Department of Health and Welfare
for care and treatment not to exceed 90 days.
If a report determines that the defendant could be fit to proceed in the
foreseeable future, the court may order an180-day extension for treatment.
If the defendant refuses treatment for competency restoration, the court
may order involuntary treatment following a hearing.
If the court determines that the defendant will not be fit in the
foreseeable future, then involuntary commitment proceedings may be instituted
based on 66-329 and 66-406. If the
person is found to be fit to proceed, then the court in which the charges are
pending will be notified and resume criminal proceedings.
http://www3.state.id.us/cgi-bin/newidst?sctid=180020012.K
Codes
cited in this code:
18-211
http://www3.state.id.us/cgi-bin/newidst?sctid=180020011.K
66-329
http://www3.state.id.us/cgi-bin/newidst?sctid=660030029.K
66-406
http://www3.state.id.us/cgi-bin/newidst?sctid=660040006.K
I.C.
18-215 Admissibility of statements by examined persons
Any
statement that is made by a person undergoing a psychiatric or psychological
examination or treatment can only be revealed in the context of evidence
relating to their ability to assist counsel or to form any specific intent
related to the crime. The only
exception is a defendant’s statement that is relevant to impeachment purposes.
http://www3.state.id.us/cgi-bin/newidst?sctid=180020015.K
I.C.
18-310 Imprisonment – effect on civil rights and offices
When
a person is sentenced to the custody of the Idaho state Board of Corrections,
that person’s civil rights are suspended, including the right to refuse
treatment that is authorized by the sentencing court.
http://www3.state.id.us/cgi-bin/newidst?sctid=180030010.K
I.C.
18-201 Persons capable of committing crimes
A
person is considered to be able to commit a crime unless they did not show
criminal intent, were not conscious of their committing such act, committed the
act by accident, or were compelled to do so by threat to life.
http://www3.state.id.us/cgi-bin/newidst?sctid=180020001.K
Criminal
Procedure: Title 19
I.C.
19-2522 Examination of Defendant for evidence of mental condition –
appointment of psychiatrist/psychologist – hospitalization
If
the mental condition of the defendant is determined to impact sentencing, the
court will appoint a psychiatrist or licensed psychologist to evaluate the
person. Any accepted method of
evaluation may be used. The report
should include the following: nature
of evaluation, diagnosis or prognosis, degree of defect/illness, whether
treatment is available, the risks/ benefits of treatment versus no treatment,
and the dangerousness of defendant to the public.
http://www3.state.id.us/cgi-bin/newidst?sctid=190250022.K
I.C.
19-2523 Consideration of Mental Illness in Sentencing
If
the defendant’s mental condition is determined to be a significant factor
during sentencing, the court will
determine the extent of mental illness and impairment.
If the person is able to be rehabilitated, then the availability and
level of treatment will be explored. The
level of risk the individual may impose upon society is considered. The court will also consider the capacity of the defendant to
appreciate the wrongfulness of his behavior or to conform his conduct to the law
at the time of the offense. The
court may authorize treatment for the defendant if it is concluded by the
standard of clear and convincing evidence that the defendant suffers from a
severe and reliably diagnosed mental illness that creates an inability to
appreciate or conform his behavior. The
mental illness must be expected to result in distress or deterioration if left
untreated and treatment must be available.
The court shall consider the risks and benefits of treatment and whether
a reasonable person would consent to such treatment. Upon determining authorization for treatment, the court will
declare the sentence provided by the law.
http://www3.state.id.us/cgi-bin/newidst?sctid=190250023.K
I.C.
19-3025 Witness psychiatric or psychological examination
The
court cannot order a psychological or psychiatric evaluation of a witness or
victim for the purposes of determining credibility without the agreement of the
parties involved.
http://www3.state.id.us/cgi-bin/newidst?sctid=190300025.K
Contracts:
Title 29
I.C.
29-101 Contracts
Persons
of unsound mind are not capable of entering into a contract.
http://www3.state.id.us/cgi-bin/newidst?sctid=290010001.K
Domestic
Relations: Title 32
I.C.
32-106 Contracts of Idiots
A
person that lacks understanding cannot enter into a contract, but is liable for
things that are furnished to him for support of himself or his family.
http://www3.state.id.us/cgi-bin/newidst?sctid=320010006.K
I.C.
32-107 Contracts of Insane persons
If
a person enters into a contract prior to being determined to be of unsound mind,
the court may rescind the conveyance upon determination of incapacity.
http://www3.state.id.us/cgi-bin/newidst?sctid=320010007.K
I.C.
32-108 Contracts of Insane persons after adjudication of incapacity
A
person that is determined to be of unsound mind cannot enter into a contract,
delegate any power, or waive any right until he is restored to capacity.
The restoration of capacity can be assumed if the person is discharged
from an asylum with a certificate indicating that they have been restored to
reason.
http://www3.state.id.us/cgi-bin/newidst?sctid=320010008.K
I.C.
32-801 Insanity as grounds for divorce
A divorce may be granted one’s spouse if determined to be permanently
insane. The divorce will only be
granted if the person has been regularly confined to an asylum and has been
determined to be incurable.
http://www3.state.id.us/cgi-bin/newidst?sctid=320080001.K
I.C.
32-802 Appointment of Guardian – Services of process
If
an action for divorce is filed based on 32-801, the court shall appoint a person
to act as a guardian of the insane person.
http://www3.state.id.us/cgi-bin/newidst?sctid=320080002.K
Code
cited in this code:
32-801 http://www3.state.id.us/cgi-bin/newidst?sctid=320080001.K
Title 66
Mental Illness and Developmental Disabilities Chapters
I.C.
66-601 Definitions
Defines
lack of capacity to make mental health treatment decisions, mental illness, and
a professional mental health clinician
.
http://www3.state.id.us/cgi-bin/newidst?sctid=660060001.K
Chapter 3
Mentally Ill
I.C.
66-317 Hospitalization of Mentally Ill
Defines
involuntary patient, designated examiner, inpatient and supervised residential
facilities, likely to injure self/others, mentally ill, gravely disabled, and
outpatient commitment.
http://www3.state.id.us/cgi-bin/newidst?sctid=660030017.K
I.C.
66-329 Commitment to Department Director Upon Court Order – Judicial
Procedures
Specifies
steps for involuntary commitment for care and treatment.
Defines criteria, which are mental illness AND a risk of injury to self
or other OR gravely disabled. Patient
rights, appeals, time frames, etc. are detailed.
http://www3.state.id.us/cgi-bin/newidst?sctid=660030029.K
I.C.
66-333 Examination of newly admitted patients
Every
newly admitted person to an inpatient facility shall receive a physical and
mental health examination as soon as practicable.
http://www3.state.id.us/cgi-bin/newidst?sctid=660030033.K
I.C.
66-335 Commitment of mentally ill convicts
Convicts
that are mentally ill may be received into a mental facility in accordance with
rules and regulations adopted by the Board of Health and Welfare and the
Department of Corrections.
http://www3.state.id.us/cgi-bin/newidst?sctid=660030035.K
I.C.
66-346 Right to Communication and Visitation – Exercise of Civil Rights
Specifies
the retention of all civil rights and access to attorney under all conditions. Several common rights are specifically defined, including the
rights to receive/send sealed mail, have visitors, personal clothing,
toiletries, spending money, storage space, etc. Rights must be posted in the
facility. Of central importance is the patient’s right to refuse specific
treatment modalities. The facility director, however, can ask a court to deny
this right of refusal if a “lack of capacity” (66-601) can be demonstrated
to the court.
http://www3.state.id.us/cgi-bin/newidst?sctid=660030046.K
I.C.
66-1305 Dangerously Mentally Ill Persons Defined
Three
criteria used by court: needs supervison/care; substantial risk of physical harm
to others; maximum-security facility need to prevent harm.
http://www3.state.id.us/cgi-bin/newidst?sctid=660130005.K
The
entire set of statutes can be found in Chapter 3 of Title 66
Hospitalization
of the Mentally Ill
http://www3.state.id.us/idstat/TOC/66003KTOC.html
Chapter 4
Treatment and Care of the Developmentally Disabled
I.C.
66-402 Definitions
Specifies
adult disabilities: age 22 (or emancipated minor); impaired (mental retardation,
cerebral palsy, epilepsy, autism, or similar disability; functional limitations
in 3 or more adaptive areas (communication, motor, social, etc.); requires
special services. Defines risk of injury to self or others and lack of capacity
to make informed treatment decisions.
http://www3.state.id.us/cgi-bin/newidst?sctid=660040002.K
I.C.
66-406 Judicial Procedures for Commitment to Director
Reviews
all evaluation procedures, time frames, appeals pertaining to commitment of a
developmentally disabled adult. Criteria
are developmental disability, likelihood of injury to self or others, and lack
of capacity to make informed treatment decisions.
http://www3.state.id.us/cgi-bin/newidst?sctid=660040006.K
I.C.
66-412(4) Treatment and care of developmentally disabled people in facilities
An
adult or emancipated minor with a developmental disability has the right to
refuse treatment or habilitation. This
right to refuse may be denied in an emergency or when the court determines that
the person lacks the capacity to make informed decisions regarding treatment.
http://www3.state.id.us/cgi-bin/newidst?sctid=660040012.K
The
entire set of statutes can be found in Chapter 4 of Title 66
Treatment
and Care of the Developmentally Disabled
http://www3.state.id.us/idstat/TOC/66004KTOC.html
VII.
Sex Offenders
I.C.
18-8303 Sex Offender Definitions
A
psychosexual evaluation is described in section 11 (of this statute) as an
evaluation that specifically addresses sexual development, sexual deviancy,
sexual history, and risk of recidivism within the context of a comprehensive
evaluation of the offender. A
certified evaluator is defined in section 4 as a licensed psychiatrist,
master’s or doctoral level mental health professional who has been educated
and trained in the assessment and treatment of sexual offenders. A violent
sexual predator is defined in section15 as a person convicted of an offense
listed in 18-8314 and who has been determined to be at high risk for recidivism
or predation.
http://www3.state.id.us/cgi-bin/newidst?sctid=180830003.K
Cited
code:
18-8314 http://www3.state.id.us/cgi-bin/newidst?sctid=180830014.K
I.C.
18-8314 Powers and Duties of the sexual offender classification board
The
Sexual Offender Classification Board will consider the offender’s risk of
re-offense and predation in determining whether to classify the individual as a
violent sexual predator. The
district court of jurisdiction may request such a review, which will be
conducted for the purpose of determining status of offender.
The board will establish the standards for the psychosexual evaluation
and the qualifications for a certified evaluator (see 18-8316 & 18-8317).
An annual certification fee of not more than $150 will be imposed by the
board. The board will set
guidelines with the assistance of sex offender treatment and law enforcement
officers for determining levels of risk and predation.
The guidelines must be based on criteria that can be gathered in a
consistent and reliable manner. The
guidelines will, at the least, specify seriousness of offense, offense history,
predatory history, offender and victim characteristics, relation to and number
of victims, and number of violations to each victim.
If the offender states an intention to re-offend, they shall be deemed a
violent sexual predator regardless of the guidelines.
The board will provide its decision in writing the ruling of offender
status and the reasons for such findings.
http://www3.state.id.us/cgi-bin/newidst?sctid=180830014.K
Codes
cited in this code:
18-8316 http://www3.state.id.us/cgi-bin/newidst?sctid=180830016.K
18-8317 http://www3.state.id.us/cgi-bin/newidst?sctid=180830017.K
I.C.
18-8316 Requirement for psychosexual evaluations upon conviction
The
court may order anyone convicted of an offense listed within 18-8304 to receive
an evaluation conducted by a certified evaluator (18-8303) for the court’s
consideration prior to sentencing and incarceration or release from probation.
The court selects the certified evaluator from a list that is maintained
by the classification board. The
evaluator is prohibited from providing the treatment ordered as a condition of
any sentence, unless allowed by the court.
For offenders convicted under 18-8314, the evaluation must state the
probability that the offender is a violent sexual predator.
The evaluation must be conducted in accord with 18-8314.
http://www3.state.id.us/cgi-bin/newidst?sctid=180830016.K
Codes
cited in this code:
18-8303 http://www3.state.id.us/cgi-bin/newidst?sctid=180830003.K
18-8304 http://www3.state.id.us/cgi-bin/newidst?sctid=180830004.K
18-8314 http://www3.state.id.us/cgi-bin/newidst?sctid=180830014.K
I.C.
18-8317 Requirements for psychosexual evaluations upon release
Any
person deemed appropriate for a review of violent sexual predator designation or
a person whose evaluation under 18-8316 stated a high probability for violent
sexual predation, will submit to a psychosexual evaluation that will be reviewed
by the board to determine the designation of the offender.
The evaluation is required to be conducted prior to release from
incarceration and performed by an evaluator defined in 18-8303 or a mental
health professional employed by the Department of Corrections.
The evaluator may not be a current member of the board and may not
provide any treatment ordered as a condition of parole, unless allowed by the
Department of Corrections. The
evaluation must be conducted in accord with 18-8314.
http://www3.state.id.us/cgi-bin/newidst?sctid=180830017.K
Codes
cited in this code:
18-8303 http://www3.state.id.us/cgi-bin/newidst?sctid=180830003.K
18-8314 http://www3.state.id.us/cgi-bin/newidst?sctid=180830014.K
18-8316 http://www3.state.id.us/cgi-bin/newidst?sctid=180830016.K
I.C.
18-8318 Offender required to pay for psychosexual evaluation
The
offender must pay for the evaluation unless they are determined to be indigent.
http://www3.state.id.us/cgi-bin/newidst?sctid=180830018.K
The
entire set of sex offender statutes can be found in Title 18, Chapters 83
(adults) and 84 (Juveniles). Sex Offender Registration Notification and
Community Right to Know
http://www3.state.id.us/idstat/TOC/18083KTOC.html
Juvenile
Sex Offender Registration Notification and Community Right to Know
http://www3.state.id.us/idstat/TOC/18084KTOC.html
Idaho's
state police registry of sexual predators is at:
http://www.isp.state.id.us/identification/sex_offender/predators.html
VII. CHILDREN’S MENTAL HEALTH
Any psychologist working with children would be well served by reviewing the current
administrative rules pertaining to child mental health by the Department of Health and
Welfare
These can be found at:
IDAPA 16 (16.06.01) Family and Children’s Service Rules of the Department of Health
and Welfare
http://www2.state.id.us/adm/adminrules/rules/idapa16/16index.htm
I.C. 16-2403: Definitions
Defines a child as less than 18 years or “emancipated” via marriage or legal procedure.
Provides operational definitions of the “Least Restrictive Alternative Principle” and
several important concepts relevant for the statutes that follow, including designated
examiner, involuntary treatment, lack of capacity, and likely to cause harm to self of
other.
http://www3.state.id.us/cgi-bin/newidst?sctid=160240003.K
I.C. 16-2412: Emergency Treatment Upon Certification by Designated Examiner
A child may be taken into protective custody and transported to a treatment facility
for emergency evaluation and treatment when a designated examiner certifies in
writing that he has examined the child within the last seventy-two (72) hours and has
probable cause to believe that such child is suffering from serious emotional
disturbance as a result of which he is likely to cause harm to self or others.
http://www3.state.id.us/cgi-bin/newidst?sctid=160240012.K
I.C. 16-2413: Emergency Admission and Treatment Facility Determination
Upon presentation of a child to a treatment facility pursuant to section 16-2411, the
facility shall accept the child and promptly examine the child to determine whether
he/she meets the criteria for emergency evaluation and treatment.
http://www3.state.id.us/cgi-bin/newidst?sctid=160240013.K
Codes cited within this statute:
16-2411 http://www3.state.id.us/cgi-bin/newidst?sctid=160240011.K
16-2426 http://www3.state.id.us/cgi-bin/newidst?sctid=160240026.K
I.C.16-2414: Order for Emergency Evaluation
Each child who is admitted to a treatment facility under section 16-2413, Idaho Code,
shall be released to his parent or guardian within 24 hours of being taken into
protective custody, unless a court order authorizing emergency evaluation has been
obtained.
http://www3.state.id.us/cgi-bin/newidst?sctid=160240014.K
Codes cited within this statute:
16-2413 http://www3.state.id.us/cgi-bin/newidst?sctid=160240013.K
16-2407 http://www3.state.id.us/cgi-bin/newidst?sctid=160240007.K
I.C. 16-2416: One Hundred Twenty Day Involuntary Treatment Order
Children may be treated involuntarily for a period of up to 120 days upon a petition filed
by the treatment facility or by the parent, guardian, prosecuting attorney or other
interested party.
http://www3.state.id.us/cgi-bin/newidst?sctid=160240016.K
I.C. 16-2417: Hearing on the One Hundred Twenty Day Involuntary Treatment Order
Children confined for emergency psychiatric evaluation or currently under voluntary
admission shall be granted a hearing within three business days of the filing of the
petition.
http://www3.state.id.us/cgi-bin/newidst?sctid=160240017.K
Codes cited within this statute:
16-2418 http://www3.state.id.us/cgi-bin/newidst?sctid=160240018.K
16-2416 http://www3.state.id.us/cgi-bin/newidst?sctid=160240016.K
I.C. 16-2418: Criteria for One Hundred Twenty Day Involuntary Treatment Order
A child may be treated involuntarily and placed at a facility, according to the
disposition of the department under section 16-2415 for a period of up to 120 days if,
after the hearing provided in section 16-2417 the court determines that the criteria
outlined in this code are met.
http://www3.state.id.us/cgi-bin/newidst?sctid=160240018.K
Codes cited within this statute:
16-2415 http://www3.state.id.us/cgi-bin/newidst?sctid=160240015.K
16-2417 http://www3.state.id.us/cgi-bin/newidst?sctid=160240016.K
I.C. 16-2419: Effect of Involuntary Treatment Orders on Parental Rights and Custody
If an order for involuntary treatment is issued, the parents, guardian or custodian of the
child will retain all parental rights, including legal custody of the child, or the orders for
involuntary treatment and disposition.
http://www3.state.id.us/cgi-bin/newidst?sctid=160240019.K
Codes cited within this statute:
16-2415 http://www3.state.id.us/cgi-bin/newidst?sctid=160240015.K
I.C.16-2424: Provision of Treatment
Every child subject to an involuntary treatment order under this chapter shall be
provided with appropriate treatment in accordance with the least restrictive alternative
principle that offers him a realistic prospect of improvement.
http://www3.state.id.us/cgi-bin/newidst?sctid=160240024.K
I.C. 16-2427: Discharge
The responsible physician shall review periodically whether a child meets the criteria
for involuntary treatment, and if the physician concludes that the child does not meet
such criteria, the physician shall undertake discharge procedures.
http://www3.state.id.us/cgi-bin/newidst?sctid=160240027.K
The entire set of statutes relevant to child mental health services can be found at:
http://www3.state.id.us/idstat/TOC/16024KTOC.html
Children’s Mental Health Services, Title 16, Chapter 24
Termination of Parental Rights
I.C. 16-2002: Definitions
Provides definitions pertinent to proceedings regarding termination of the parent and
child relationship, including a child as less than 18 and a variety of definitions for
different parent roles, legal custody, and guardianship. Abuse, neglect, and rape are
defined.
http://www3.state.id.us/cgi-bin/newidst?sctid=160200002.K
Codes cited within this statute:
16-1504 http://www3.state.id.us/cgi-bin/newidst?sctid=160150004.K
7-1106 http://www3.state.id.us/cgi-bin/newidst?sctid=070110006.K
18-6101 http://www3.state.id.us/cgi-bin/newidst?sctid=180610001.K
18-1508 http://www3.state.id.us/cgi-bin/newidst?sctid=180150008.K
18-1506 http://www3.state.id.us/cgi-bin/newidst?sctid=180150006.K
18-6602 http://www3.state.id.us/cgi-bin/newidst?sctid=180660002.K
I.C. 16-2005: Conditions Under Which Termination May Be Granted
Conditions under which the court may grant an order terminating the parent and child
relationship include abandonment, neglect, abuse, inability to discharge parental
responsibilities, and the best interest of the parent and child.
http://www3.state.id.us/cgi-bin/newidst?sctid=160200005.K
Codes cited within this statute:
16-2002 http://www3.state.id.us/cgi-bin/newidst?sctid=160200002.K
I.C. 16-2009: Hearing
Cases shall be conducted in an informal manner and heard by the court without a jury.
http://www3.state.id.us/cgi-bin/newidst?sctid=160200009.K
Codes cited within this statute:
16-2007 http://www3.state.id.us/cgi-bin/newidst?sctid=160200007.K
I.C. 16-2011: Effect of Decree
An order terminating the parent and child relationship shall divest the parent and the
child of all legal rights, privileges, duties, and obligations, including rights of inheritance,
with respect to each other.
http://www3.state.id.us/cgi-bin/newidst?sctid=160200011.K
The entire set of statutes relevant to terminating parental rights at:
http://www3.state.id.us/idstat/TOC/16020KTOC.html
Terminating the Parent-Child Relationship, Title 16, Chapter 20
Divorce Statutes
I.C. 32-717: Custody of Children—Best Interest
In an action for divorce the court may, before and after judgment, give such direction
for the custody, care and education of the children of the marriage as may seem
necessary or proper in the best interests of the children.
http://www3.state.id.us/cgi-bin/newidst?sctid=320070017.K
Codes cited within this statute:
39-6303 http://www3.state.id.us/cgi-bin/newidst?sctid=390630003.K
46-409 http://www3.state.id.us/cgi-bin/newidst?sctid=460040009.K
I.C. 32-717C: Allegations of Abuse—Investigation
When, in any divorce proceeding or upon request for modification of a divorce decree,
an allegation of child abuse or child sexual abuse is made, implicating either party, the
court shall order that an investigation be conducted by the Department of Health and
Welfare. A final award of custody or visitation may not be rendered until a report on
that investigation is received by the court. That investigation shall be conducted by
the department within thirty (30) days of the court's notice and request for investigation.
http://www3.state.id.us/cgi-bin/newidst?sctid=320070017C.K
I.C. 32-1005: Custody of Children After Separation of Parents
When a husband and wife live in a state of separation, without being divorced, any
court of competent jurisdiction, upon application of either, if an inhabitant of this state,
may inquire into the custody of any unmarried minor child of the marriage, and may
award the custody of such child to either, for such time and under such regulations
as the case may require. The decision of the court must be guided by the welfare of
the child.
http://www3.state.id.us/cgi-bin/newidst?sctid=320100005.K
The entire set of statutes relevant to custod