Idaho Code § 15-5-204

PART 2

GUARDIANS OF MINORS [EFFECTIVE UNTIL JANUARY 1, 2027] GUARDIANSHIP OF MINOR [EFFECTIVE JANUARY 1, 2027]

15-5-204. Court appointment of guardian of minor — Conditions for appointment. [effective until January 1, 2027] (1) The court may appoint a guardian for an unmarried minor if all parental rights of custody have been terminated by prior court order or upon a finding that the child has been neglected, abused, or abandoned or whose parents are unable to provide a stable home environment. "Abandoned" means the failure of the parent to maintain a normal parental relationship with the child including, but not limited to, reasonable support or regular contact. Failure to maintain a normal parental relationship with the child without just cause for a period of six (6) months shall constitute prima facie evidence of abandonment. Except in those circumstances described in subsections (2) and (3) of this section and where a temporary guardianship has been created at the request of a parent on active duty in or deployment with the United States armed forces, the court shall consider the best interests of the child as the primary factor in the determination whether to appoint, and whom to appoint, as a guardian for such child. In determining the choice of a guardian for an unmarried minor, the advanced age or disability of a potential guardian shall not, in and of itself, be used as a criterion of the suitability of the potential guardian as long as the potential guardian is otherwise suitable. A guardian appointed by will as provided in section 15-5-202, Idaho Code, whose appointment has not been prevented or nullified under section 15-5-203, Idaho Code, has priority over any guardian who may be appointed by the court, but the court may proceed with an appointment nonetheless upon a finding that the testamentary guardian has failed to accept the testamentary appointment within thirty (30) days after notice of the guardianship proceeding.

(2) The extended absence of a parent due to active duty in or deployment with the United States armed forces shall not by itself constitute neglect, abuse, abandonment, or failure to provide a stable home environment.

(3) Any guardianship granted at the request of or required by the United States armed forces or at the request of a parent while on active duty in or deployment with the United States armed forces, which duty or deployment does not constitute neglect, abuse, abandonment, or failure to provide a stable home environment, shall be terminated immediately upon the conclusion of the original circumstances necessitating the creation of the temporary guardianship or the filing of a termination report by the parent indicating the parent's intent to resume all care, custody, and control of the minor.

15-5-204. ATTORNEY FOR MINOR OR PARENT. [effective January 1, 2027] (1) The court may, in the discretion of the court, appoint an attorney to represent a minor who is the subject of a proceeding under section 15-5-202, Idaho Code, if:

(a) Requested by the minor and the minor is twelve (12) years of age or older;

(b) Recommended by a guardian ad litem; or

(c) The court determines the minor needs representation.

(2) An attorney appointed under subsection (1) of this section shall:

(a) Make a reasonable effort to ascertain the minor's wishes;

(b) Advocate for the minor's wishes to the extent reasonably ascertainable; and
if:

(a) Requested by the minor and the minor is twelve (12) years of age or older;

(b) Recommended by a guardian ad litem; or

(c) The court determines the minor needs representation.

(2) An attorney appointed under subsection (1) of this section shall:

(a) Make a reasonable effort to ascertain the minor's wishes;

(b) Advocate for the minor's wishes to the extent reasonably ascertainable; and

(c) If the minor's wishes are not reasonably ascertainable, advocate for the minor's best interest.

(3) A minor who is the subject of a proceeding under section 15-5-202, Idaho Code, may retain an attorney to represent the minor in the proceeding.

(4) A parent of a minor who is the subject of a proceeding under section 15-5-202, Idaho Code, may retain an attorney to represent the parent in the proceeding.

(5) The court may, in the discretion of the court, appoint an attorney to represent a parent of a minor who is the subject of a proceeding under section 15-5-202, Idaho Code, if:

(a) The parent objects to appointment of a guardian for the minor;

(b) The court determines that counsel is needed to ensure that consent to appointment of a guardian is informed; or

(c) The court otherwise determines the parent needs representation.

History:

[15-5-204, added 1971, ch. 111, sec. 1, p. 233; am. 1999, ch. 123, sec. 1, p. 360; am. 2002, ch. 233, sec. 3, p. 671; am. 2020, ch. 235, sec. 1, p. 691; repealed and added 2026, ch. 79, sec. 4, p. 344.]