Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

In re Termination of Parental Rights of Doe

Supreme Court of Idaho

June 20, 2017

IN THE MATTER OF THE TERMINATION OF THE PARENTAL RIGHTS OF: JANE DOE (2017-6) and JOHN DOE (2017-7) Respondents-Appellants.

         2017 Opinion No. 65

         Appeal 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.

         The judgment of the magistrate court is affirmed.

          Bruce 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).

          Denise L. Rosen, Deputy Attorney General, Coeur d'Alene, submitted briefs on behalf of the Idaho Department of Health and Welfare.

          EISMANN, Justice.

         This is 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 court.

         I.

         Factual Background.

         Jane 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 daughters.

         In 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").

         A 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.

         On 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.

         On 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 minor ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.