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In re Termination of Parental Rights of Doe

Court of Appeals of Idaho

January 7, 2014

IN THE MATTER OF THE TERMINATION OF THE PARENTAL RIGHTS OF JANE (2013-24) DOE.
v.
JANE (2013-24) DOE, Respondent-Appellant. JOHN DOE and JANE DOE, Petitioners-Respondents,

UNPUBLISHED OPINION

2014 Unpublished Opinion No. 310

Appeal from the Magistrate Division of the District Court of the Fifth Judicial District, State of Idaho, Cassia County. Hon. Mick Hodges, Magistrate.

Order terminating parental rights, affirmed.

Timothy J. Schneider, Mini-Cassia Public Defender; Jacob D. Twiggs, Deputy Public Defender, Burley, for appellant.

Alfred E. Barrus, Burley, for respondents.

GRATTON, Judge

Jane Doe (Mother) appeals from the magistrate's order terminating her parental rights. We affirm.

I.

FACTUAL AND PROCEDURAL BACKGROUND

John Doe and Jane Doe (Adoptive Father and Adoptive Mother, or Parents) filed a petition for termination and for adoption. Adoptive Father is the child's paternal grandfather, who is married to Adoptive Mother. The birth father's rights were terminated when he failed to appear at the scheduled termination hearing. Mother was appointed counsel and contested the termination. The termination hearing was held in August 2013. Evidence at the hearing showed Parents began providing weekend care for the child in 2004. During that time, the child showed signs of neglect while in Mother's custody. Parents began providing daily care in 2005 and were appointed guardians of the child in 2006, having provided the child's primary care since he was approximately two years old. Mother had no contact with the child for over five years and provided no support. Mother claimed she lost Parents' phone number and attempted to contact the child by making one call a year to Parents' work number. Mother was not prevented from contacting the child in any way.

The court granted the petition to terminate Mother's parental rights. The court found Mother abandoned and neglected the child and that termination was in the best interest of the child. Mother timely appeals.

II.

ANALYSIS


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