ABUSE
PRIOR ACTS
State v. Ortega, 339 P.3d 1186 (Idaho Ct. App. 2014). In criminal prosecution for felony injury to a child, court did not err in allowing prior bad acts as evidence of defendant’s abusive parenting. Father was charged with causing spiral fracture to two-year-old son’s upper arm and other injuries to his chest, abdomen, and buttocks. Prior bad acts evidence was relevant to prove intent or absence of mistake or accident and its probative value outweighed danger of unfair prejudice.
ADOPTION
GRANDPARENTS
In re Doe, 248 P.3d 742 (Idaho 2011). Where children were removed from physical custody of grandparents by child protective services and parents consented to termination, trial court did not err in denying grandparents’ petition to adopt grandchildren where child welfare agency would not consent because consent of the custodian is required for adoption under state law.
CUSTODY
GUARDIANS AD LITEM
Abolafia v. Reeves, 277 P.3d 345 (Idaho 2012). In case in which parents reached a settlement after guardian ad litem (GAL) was appointed and then GAL was dismissed by court, GAL had no further protected interest in the matter and lacked standing to appeal anything other than the issue of attorney’s fees.
DEPENDENCY
CUSTODY
Doe v. Doe, 256 P.3d 708 (Idaho 2011).In child protection case brought based on father’s abuse of son and daughter’s exposure to abuse, magistrate court abused its discretion by granting legal custody of children to child welfare agency instead of placing them with mother under protective supervision of agency since mother was not involved in abuse, was a willing and able parent, and there was no evidence that placing children in her care was inappropriate.
TERMINATION OF PARENTAL RIGHTS
ABANDONMENT
In re Doe Children, 2016 WL 6519008 (Idaho). Paternal great-grandparents successfully filed petition to terminate mother’s parental rights and she appealed. Statutory provision defining abandonment as ground for termination includes willful failure to maintain normal parental relationship based on failure to pay reasonable support. Mother gave conflicting accounts about employment status and reported she was employed one month before trial, but paternal great-grandparents testified mother did not provide any financial resources to support children.
ALLEGED FATHERS
Doe v. Doe, 245 P.3d 506 (Idaho Ct. App. 2010). Where DNA test revealed that alleged father was not child’s biological father, court was not required to terminate his rights to free child for adoption; father’s constitutional rights were not violated because a liberty interest in an individual not related biologically, through adoption, as a foster parent, legal guardian, stepparent, or other blood relative was not established.
APPEAL
Idaho Dep’t of Health & Welf. v. Doe, 2016 WL 3974548 (Idaho). In termination of parental rights appeal, father waived appellate argument alleging magistrate’s denial of father’s motion for continuance of termination hearing constituted denial of father’s due process rights. Father argued trial court abused its discretion when it denied his motion for appointment of expert to facilitate the children in speaking with and being reunited with father, but failed to address trial court’s reasons for denying motion.
BEST INTERESTS
Doe v. Doe, 250 P.3d 803 (Idaho Ct. App. 2011). Evidence did not support terminating father’s parental rights based on finding that termination was in children’s best interests where trial court placed emphasis on father’s conduct before children’s removal and minor noncompliance with reporting requirements without considering evidence of father’s efforts to overcome alcoholism, comply with treatment requirements, secure a job, and develop a nurturing relationship with children.
CASE PLANS
Idaho Dep’t of Health and Welf. v. Doe, 2017 WL 942769 (Idaho). Evidence of mother’s failure to comply with case plans and reunify with children supported neglect finding as ground to terminate her parental rights. Mother was unable to stay sober, secure stable housing, or submit budgets to agency, as outlined in case plans. She violated her probation, became incarcerated, and more than 24 months had passed between time agency took custody of children until termination of her parental rights.
COURT ORDERS
Idaho Dep’t Health & Welfare v. Doe, 2017 WL 128181 (Idaho Ct. App.). Mother claimed trial court violated her right to due process by terminating her parental rights without complying with statutory procedural requirements. Trial court failed to issue written order containing findings of fact and conclusions of law. Neither original nor amended judgment recited facts on which court relied; amended judgment merely tried to incorporate judge’s oral statements by reference. Appellate court remanded case for written judgment containing required findings.
DEFAULT JUDGMENT
In re Doe, 342 P.3d 667 (Idaho 2015). Trial court’s statement that court believed mother’s failure to attend termination of parental rights hearing “constitutes a basis for the entry of default” does not constitute the entry of default. Court later entered more detailed findings of fact and conclusions of law that did not mention purported default. Record showed trial court found grounds for termination by clear and convincing evidence. Mother did not argue on appeal that findings were insufficient to show termination was in son’s best interest.
EVIDENCE
In re Doe, 277 P.3d 357 (Idaho 2015). Maternal grandparents filed motion to terminate father’s parental rights after he was convicted of first degree murder of children’s mother. Finding that termination was in best interests of children because father could not discharge parental responsibilities for prolonged period due to his incarceration was based solely on criminal conviction. Because conviction was vacated on appeal, there was no evidence supporting termination.
In re Doe, 339 P.3d 1169 (Idaho 2014). Evidence was sufficient to support termination of father’s parental rights to two minor children based on neglect. Father was unable to provide for children’s medical, educational, mental health, and other daily needs and did not identify children’s mental health and behavioral issues as significant. He had little to no involvement with children during child protection proceedings and did not attend children’s appointments or go to their schools.
FAILURE TO IMPROVE
In re Doe, 277 P.3d 357 (Idaho 2012). Trial court properly terminated mother’s parental rights because she failed to demonstrate the ability to safely parent despite services. Evidence supported finding that though agency assisted her in obtaining low-income housing she was evicted for repeated lease violations. Further, at time of trial, she was living in a trailer in a junk yard and she was provided counseling services but had benefited little from them.
FAIRNESS
In re Doe Children, 2016 WL 6441259 (Idaho). Magistrate judge’s statement to father in unrelated criminal case regarding his credibility did not make fair and impartial trial improbable in front of same judge in termination of parental rights proceeding. Substantial and competent evidence supported court’s finding that father failed each case plan requirement, including requirement he have clean drug tests.
INCARCERATED PARENT
Idaho Dep’t Health & Welf. v. Doe, 162 Idaho 380 (2017). Evidence supported termination of mother’s parental rights to child due to neglect. At time case plan was prepared, mother was incarcerated and serving fixed portion of her sentence. After case plan was adopted, mother committed 12 disciplinary offenses in prison, resulting in mother having to serve balance of indeterminate time and not being paroled. Her behavior while incarcerated resulted in noncompliance with case plan requirements.
Indian Child Welfare Act
In re Doe, 342 P.3d 632 (Idaho 2015). Mother of Native American child had been offered adequate remedial services, as required by Indian Child Welfare Act (ICWA), to prevent breakup of Indian family and state’s active efforts had proved futile. State had arranged for weekly supervised visits with child, but mother discontinued participation in the visitation sessions. State arranged for multiple services for mother and child that mother failed to participate in or complete.
NEGLECT
In re Doe, 306 P.3d 230 (Idaho Ct. App. 2013). Trial court properly found mother neglected child and continued to be unable to provide a safe home in termination proceeding. Despite progress on sobriety a few months before termination hearing, mother’s use of methamphetamine for years, 16 incarcerations during the less than two year period her child had been in care, and failure to visit or make phone contact supported court’s finding.
NONPARENT
Idaho Dep’t of Health & Welf. v. Doe, 244 P.3d 1226 (Idaho 2010).
Mother’s boyfriend was not child’s “parent” for purposes of termination of parental rights proceedings, even though he had been ordered to pay child’s support as child’s “legal father” since he was not child’s biological or adoptive father; trial court cannot terminate nonexistent parental rights when party in termination proceeding is not a parent.
REPRESENTATION
In re Doe, 314 P.3d 187 (Idaho 2013). Trial court properly terminated mother’s rights for abandonment where she left child with couple and did not visit child regularly for years. Mother’s claim that her lack of visitation was not willful because she was unable to modify visitation agreement because she could not afford a lawyer lacked merit as she was able to adequately complete online state forms during the case and failed to get anything docketed for a long period.
In re Doe, 249 P.3d 362 (Idaho 2011). Parents who had one attorney jointly appointed failed to show an actual conflict of interests to overturn termination of their parental rights; though they were divorced and remarried during dependency case and had different case plans, they failed to make any clear allegations of where their interests diverged or where a different course could have been effective in changing the outcome.
SEX ABUSE
Matter of Doe, 162 Idaho 280 (2017). Appellate court upheld termination of mother’s and father’s parental rights to seven minor children. Father was serial child molester over at least 16 years. Mother testified father first molested oldest daughter, who was 22 years old at time of hearing, when she was six years old; two to four of their daughters had some degree of molestation; she did not call police; and she told daughter to be careful what she said to police.
STANDING
Doe v. Doe, 2015 WL 7566867 (Idaho). Stepfather petitioned to terminate biological father’s parental rights and adopt minor child. Biological father waived argument for purposes of appeal that stepfather lacked standing to petition to terminatehis parental rights because he failed to present any argument about lack of standing. However, fundamental divergence between magistrate’s oral pronouncement and written decision required vacating termination order.
WILLFULNESS
In re Doe, 2015 WL 3879725 (Idaho). Evidence supported finding that father neglected child because he failed or was unable to provide child with parental care necessary for her well-being. Father was incarcerated for part of child’s life, had long history of drug addiction, repeatedly failed drug treatment, and had not maintained stable housing or employment. He claimed absence from child’s life due to incarceration and drug treatment was not willful. Willfulness is not necessary to establish neglect in termination of parental rights case and its absence is not defense to neglect.