Idaho Juvenile Rule 48A. Consent to Termination of Parent Child Relationship (C.P.A.)

(a) Consent to Termination. When a petition for termination of parent child relationship (petition for termination) has been initiated by the department of health and welfare pertaining to a child who is in the legal custody of the department, a parent may consent to the termination of their parental rights (consent).

(b) Form. The consent must be in the same form prescribed in Appendix B of these rules.

(c) In State Consent to Termination. The consent must be witnessed, on the record, by a district or magistrate judge for the state of Idaho.

(d) Out of State Consent to Termination. The court must accept a consent, or a surrender and release executed in another state if:

(1) It is witnessed by a magistrate or district judge of the state where signed, or

(2) The court receives an affidavit or a certificate from a court of comparable jurisdiction stating that the consent or surrender and release was executed in accordance with the laws of the state in which it was executed, or the court is satisfied by other showing that the consent or surrender and release was executed in accordance with the laws of the state in which it was executed.

(e) Hearing on the Petition. The court must hold a hearing on a petition to terminate a parent’s rights unless a consent signed by that parent of the child has been filed.

(Adopted June 30, 2025, effective July 1, 2025.)