QUESTION

What are my rights in child custody issues?

Asked on Sep 19th, 2016 on Child Custody - Idaho
More details to this question:
I am wanting to know what my rights are regarding giving information to law enforcement and cps for child custody and are they allowed to take my baby under certain circumstances?
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2 ANSWERS

Family Law Attorney serving Boise, ID at Naugle Law Offices
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State law allows law enforcement to remove a child from a parent if law enforcement personnel determine that the child is in imminent danger of abuse, neglect or abandonment.  (Idaho Code 16-1608.)  This can happen without a hearing before a judge, at least for a few days until the hearing can be set.  Since child abuse, neglect and abandonment may also be criminal offenses, you have a constitutionally-protected right not to incriminate yourself by giving information to law inforcement, but at least initially, it may result in your child being removed from your care.   You should definitely consult an attorney about your concerns, but understand also that even attorneys, with whom a client ordinarily has a privilege of confidentiality of communications, are required by state law to report to law enforcement instances in which they have a "reason to believe" that a child "has been abandoned, abused or neglected, or who observes the child being subjected to conditions or circumstanes which would reasonably result in abuse, abandonment or neglect".  (Idaho Code 16-1605).  This means that you would first want to alert the attorney that you wished to speak in hypothetical terms about what acts, circumstances and conditions would fall within the definitions of "abuse", "abandonment" "neglect." Of course, if you think you have abused, neglected or abandoned your child, stop immediately.  
Answered on Oct 10th, 2016 at 6:30 AM

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Family Law Attorney serving Boise, ID at Naugle Law Offices
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State law allows law enforcement to remove a child from a parent if law enforcement personnel determine that the child is in imminent danger of physical harm (Idaho Code 16-1608.)  This can happen without a hearing before a judge, at least for a few days until the hearing can be set.  Since child abuse and neglect are criminal offenses, you have a constitutionally-protected right not to incriminate yourself by giving information to law inforcement, but at least initially, it may result in your child being removed from your care.   You should definitely consult an attorney about your concerns, but understand also that even attorneys, with whom a client ordinarily has a privilege of confidentiality of communications, are required by state law to report to law enforcement instances in which they have a "reason to believe" that a child "has been abandoned, abused or neglected,    (Idaho Code 16-1605).  
Answered on Oct 10th, 2016 at 6:23 AM

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