Idaho Juvenile Rules

Idaho Juvenile Rule 47A. Visitation After Substantiation (C.P.A.)

(a) Timing. When a parent, guardian, or legal custodian is substantiated by the Idaho Department of Health and Welfare (Department) for physical or sexual abuse of a child as defined in I.C. § 16-1602(44)(c), the Department will file a report of substantiation and notice ceasing in-person visitation with the substantiated parent, guardian, or legal custodian within 48 hours, excluding holidays and weekends.

(b) Motion for Visitation. At any time following the filing of a report of substantiation and notice ceasing in-person visitation, a party, the child’s attorney, guardian ad litem, or the Department may file a motion to request visitation with the substantiated parent, guardian, or legal custodian.

(1) Response. The Department, any other party, or the child’s attorney may file and serve a written response to the motion within 7 days of the filing of the motion. 

(2) Requirements for Motions and Responses. The motion or any response must be accompanied by a supporting affidavit that sets forth the reasons why in-person visitation is, or is not, in the best interest of the child and any conditions for visitation.

(3) File and Service. Documents filed under this section must be filed with the court and served on all parties.

(c) Hearing. Within 7 days of the filing of the motion, the court shall schedule a hearing, unless waived by all parties. The hearing should be held as soon as practicable, or at the next scheduled hearing, but no later than 60 days from the date the motion was filed. 

(d) Order. If the court finds that in-person visitation is in the best interest of the child, the court will enter an order setting forth written conditions for such in-person visitation. Unless the court finds good cause to deviate, the written conditions must include that the substantiated parent, guardian, or legal custodian shall not:

(1) be left alone with the child for any reason, including restroom breaks;

(2) allow the child to sit on his or her lap when there is substantiated sexual abuse; and

(3) engage in secret conversations or other communication with the child that cannot be monitored in real time.

(Adopted June 30, 2026, effective July 1, 2026.)