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In re Doe

Supreme Court of Idaho

January 26, 2015

IN THE MATTER OF THE TERMINATION OF THE PARENTAL RIGHTS OF: JANE DOE (2014-22), Respondent-Appellant,

2015 Opinion No. 11

Appeal from the Magistrate Court of the Third Judicial District of the State of Idaho, in and for Payette County. Hon. Brian D. Lee, Magistrate Judge.

The judgment of the magistrate court is affirmed.

Virginia Bond, Bond Law Chtd., Payette, submitted a brief on behalf of appellant.

Brent R. King, Deputy Attorney General, Caldwell, submitted a brief on behalf of respondent.

EISMANN, Justice. Chief Justice BURDICK, Justices J. JONES, HORTON and Justice Pro Tem WALTERS CONCUR.

OPINION

Page 668

EISMANN, Justice.

This is an appeal out of Payette County from a judgment terminating the appellant's parental rights in her child. We affirm the judgment of the magistrate court.

I.

Factual Background.

On August 15, 2012, Jane Doe's three-year-old son was found wandering in a truck stop parking lot, where trucks were entering and leaving. He had walked from a recreational vehicle 1.9 miles away, where Jane Doe and her boyfriend were living. When the police went to the recreational vehicle, they observed that there was insufficient food appropriate for a child. Jane Doe gave conflicting accounts as to why the child had been unsupervised. The police declared the child in imminent danger and took him into shelter care. The following day, proceedings involving the child were commenced under the Child Protective Act, I.C. § § 16-1601 to 16-1643. Pursuant to a stipulation of the parties, the magistrate court entered a decree on September 7, 2012, finding that the child came within the purview of the Act and vesting legal custody of the child in the Idaho Department of Health and Welfare for an indeterminate time not to exceed the child's eighteenth birthday. On September 26, 2012, the Department filed a case plan which set forth tasks to be accomplished by Jane Doe for the purpose of reuniting Jane Doe with her son.

The attempt at reunification was not successful, and on May 2, 2014, the Department filed a petition to terminate Jane Doe's parental rights in her son. The termination proceedings were set for an evidentiary hearing to commence on August 5, 2014. On that date, Jane Doe did not appear, but her attorney was present. He stated that he had spoken with Jane Doe the ...


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