IN THE MATTER OF THE TERMINATION OF THE PARENTAL RIGHTS OF: JANE DOE (2017-6) and JOHN DOE (2017-7) Respondents-Appellants.
Opinion No. 65
from the Magistrate Court of the First Judicial District of
the State of Idaho, in and for Bonner County. Hon. A. Lynne
Krogh, Magistrate Judge.
judgment of the magistrate court is affirmed.
H. Greene, Bruce H. Greene PA, Sandpoint, submitted a brief
on behalf of Jane Doe (2017-6).
Catherine E. Enright, Deputy Public Defender, Sandpoint,
submitted a brief on behalf of John Doe (2017-7).
L. Rosen, Deputy Attorney General, Coeur d'Alene,
submitted briefs on behalf of the Idaho Department of Health
an appeal out of Bonner County from a judgment terminating
the father's parental rights in his minor children and a
judgment terminating the mother's parental rights in
those children. We affirm the judgments of the magistrate
Doe ("Mother") and John Doe ("Father")
were married for twenty-five years and had eleven children
between three years of age and twenty-two years of age. At
the time of this proceeding, seven of the children were under
the age of eighteen. Mother and Father lived in an Amish
community in Washington until 2004. While they were in that
community, they were shunned by other members because Father
had confessed to inappropriately touching two of his
March 2015, the family moved to Spirit Lake, Idaho, to become
members of another religious community. The oldest daughter,
who was then fourteen years of age, disclosed to that
community that Father had sexually molested her when she was
a child, starting when she was four or five years of age and
ending when she was fourteen; that when she was six, seven,
or eight years of age, she told Mother, but Mother did
nothing to protect her; and that when she was twelve years of
age, the molestation became less frequent as Father began
sexually molesting a younger sister who was six years of age.
Members of that community encouraged Father to confess to law
enforcement, and he and Mother went to the county
sheriff's office and confessed to sexually molesting two
of his daughters while they lived in Washington. Because the
offenses did not occur in Idaho, he was not arrested. Members
of the community met with Father and Mother and developed
with them a plan to protect the other children from Father
sexually molesting them. Father and Mother violated the
provisions in the plan, and a member of the community
contacted the Idaho Department of Health and Welfare
Department case manager met with Father and Mother, who
entered into a safety plan to protect the minor children.
Father called the case manager and stated that they planned
to move back to the state of Washington. The case manager
responded that the Department could not supervise the safety
plan if they were in another state. Mother then called the
case manager and stated that they were moving to Washington
with the children. The Department then obtained an order
authorizing it to remove the minor children from the house.
August 15, 2015, the county prosecutor filed a petition under
the Idaho Child Protective Act. At some point, Father was
charged in the state of Washington with three counts of
felony child molestation in the first degree that were
committed sometime between 1999 and 2001 against the oldest
daughter. On June 7, 2016, he pled guilty to all three
charges, and on July 19, 2016, he was sentenced to ten years
in prison and lifetime supervision.
October 17, 2016, the Department filed a petition to
terminate Father's and Mother's parental rights in
their minor children. After a two-day evidentiary hearing,
the magistrate court found that the Department had proved by
clear and convincing evidence that there were grounds for
terminating the parental rights of Father and Mother in their