Most of this has already been discussed a bunch in this thread and the other thread that got filled up before this. The short answer is that at this point there is not evidence or at least not enough to charge them with anything. It's doubtful they can prove any crime was committed, certainly nothing serious.
As for Chad and Tammy's kids, no, CPS is not involved because they are all adults, some married and possibly with kids of their own.
Edit: Even the obit you quoted indicates that the kids are married adults.
I'm not sure I agree that potential charges against Lori (at a minimum) cannot be made at this time regarding the 2 missing children.
I also don't believe that the ages of Chad's youngest children are known based on the info from his late wife's obit. The obit mentions one of the sons being off on mission work so perhaps this would place him in the late teens/early 20s age bracket. IDK. The obit also mentions that grandchildren exist so perhaps there is an age gap/range amongst Chads children too as 3 of the Daybell children appear to be married per the obit. IDK. The fact that the Daybell children appear to be in contact with their father and not assisting LE in their efforts to find Lori's 2 children is also disturbing IMO as at a minimum this appears to represent 'hindering an investigation' and IDK why additional pressure is not being brought to bear against these people at this time?
It appears clear (even amidst the overall murkiness of this case) that Lori had legal responsibility for the 2 children at the time they allegedly disappeared in September.
JJ's late father's sister confirmed to LE that JJ hasn't been seen since September.
The whereabouts of JJ sister, for whom Lori also had legal responsibility, is also unknown.
Here is the ID Statute that might be applicable to the Lori situation with the 2 missing children:
Section 18-1501 – Idaho State Legislature
TITLE 18
CRIMES AND PUNISHMENTS
CHAPTER 15
CHILDREN AND VULNERABLE ADULTS
18-1501. INJURY TO CHILDREN. (1) Any person who, under circumstances or conditions likely to produce great bodily harm or death, willfully causes or permits any child to suffer, or inflicts thereon unjustifiable physical pain or mental suffering, or having the care or custody of any child, willfully causes or permits the person or health of such child to be injured, or willfully causes or permits such child to be placed in such situation that its person or health is endangered, is punishable by imprisonment in the county jail not exceeding one (1) year, or in the state prison for not less than one (1) year nor more than ten (10) years.
(2) Any person who, under circumstances or conditions other than those likely to produce great bodily harm or death, willfully causes or permits any child to suffer, or inflicts thereon unjustifiable physical pain or mental suffering, or having the care or custody of any child, willfully causes or permits the person or health of such child to be injured, or willfully causes or permits such child to be placed in such situation that its person or health may be endangered, is guilty of a misdemeanor.
(3) A person over the age of eighteen (18) years commits the crime of injury to a child if the person transports a minor in a motor vehicle or vessel as defined in section
67-7003, Idaho Code, while under the influence of alcohol, intoxicating liquor, a controlled substance, or any combination thereof, in violation of section
18-8004or
67-7034, Idaho Code. Any person convicted of violating this subsection is guilty of a misdemeanor. If a child suffers bodily injury or death due to a violation of this subsection, the violation will constitute a felony punishable by imprisonment for not more than ten (10) years, unless a more severe penalty is otherwise prescribed by law.
(4) The practice of a parent or guardian who chooses for his child treatment by prayer or spiritual means alone shall not for that reason alone be construed to have violated the duty of care to such child.
(5) As used in this section, "willfully" means acting or failing to act where a reasonable person would know the act or failure to act is likely to result in injury or harm or is likely to endanger the person, health, safety or well-being of the child.
History:
[18-1501, added 1977, ch. 304, sec. 3, p. 853; am. 1996, ch. 167, sec. 1, p. 552; am. 1997, ch. 306, sec. 1, p. 910; am. 2001, ch. 49, sec. 1, p. 91; am. 2005, ch. 151, sec. 1, p. 467.]
