Idaho Juvenile Rules

Idaho Juvenile Rule 47B.  Motion to Limit, Restrict, Suspend, or Deny Visitation

(a) Motion.  At any time following a child’s placement in foster care, a party, the child’s attorney, guardian ad litem, or the Idaho Department of Health and Welfare (Department) may file a motion on behalf of a child to limit, restrict, suspend, or deny a parent, guardian, or legal custodian’s visitation if there is reason to believe that visitation would be contrary to the safety and well-being of the child. 

(1) Response. A party, the child’s attorney, guardian ad litem, or the Department 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 visitation is, or is not, contrary to the safety and well-being of the child.

(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) Factors to Consider. The court may limit, restrict, suspend, or deny visitation if the court finds that visitation would be contrary to the safety and well-being of the child.  Substantiated safety concerns must be considered by the court. In considering whether to limit visitation the court may consider any relevant factors, including:

(1) Safety and risk assessments;

(2) Placement and supervision decisions;

(3) Protective plans;

(4) Medical, behavioral health, and developmental evaluations; and

(5) Reunification plans and case plans. 

(e) Order. If the court finds that visitation is contrary to the safety and well-being of the child, the court will enter an order limiting, restricting, suspending, or denying visitation.

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