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 Doe

Supreme Court of Idaho

September 14, 2018

In the Interest of: JANE DOE, A Child Under Eighteen (18) Years of Age.
v.
JANE DOE (2018-24), Respondent-Appellant. IDAHO DEPARTMENT OF HEALTH AN WELFARE, Petitioner-Respondent,

          Appeal from the Magistrate Division of the District Court of the Fourth Judicial District of the State of Idaho, Ada County. Hon. Andrew Ellis, Magistrate Judge.

         The decision of the Magistrate Court is affirmed.

          Anthony R. Geddes, Ada County Public Defender, Boise, attorneys for appellant.

          Hon. Lawrence G. Wasden, Idaho Attorney General, Boise, attorneys for respondent.

          BEVAN, JUSTICE.

         I. Nature of the Case

         Jane Doe (2018-24) ("Mother") appeals a magistrate court's decision to terminate her parental rights over her daughter ("K.O.") on the grounds of neglect after finding it was in K.O.'s best interest. On appeal Mother contests the magistrate court's findings that (1) early permanency for K.O. was appropriate and a continuance of trial was not warranted; and (2) that mother neglected K.O. and it was in the best interest of K.O. to terminate Mother's rights. We affirm the magistrate court's termination of parental rights because the court did not abuse its discretion in failing to continue the trial. Additionally, substantial and competent evidence, to a clear and convincing standard, supported the magistrate court's decision that Mother neglected K.O. and it was in K.O.'s best interest to terminate Mother's parental rights.

         II. Factual and Procedural Background

         On April 27, 2017, the Idaho Department of Health and Welfare ("Department") removed K.O.'s younger brother, S.O., from Mother's custody after the Boise Police Department declared S.O. was in imminent danger. S.O. was born showing signs of withdrawal from narcotics and Mother admitted to using heroin, methamphetamine and oxycontin while pregnant. The court conducted a shelter care hearing and awarded temporary legal custody of S.O. to the Department. On May 26, 2017, the court entered default after Mother failed to appear for a hearing. On June 15, 2017, the court awarded the Department legal custody of S.O. The court also approved and ordered a case plan for Mother which required her to: (1) address and show the ability to meet her child's basic needs including medical, dental, developmental, emotional, food and clothing; (2) maintain adequate income and housing to ensure a safe and stable environment; (3) maintain regular contact with her child; (4) attend parenting education classes; (5) engage in concurrent planning; (6) participate in substance abuse treatment and testing; and (7) participate in mental health treatment.

         In August 2017, the social worker for S.O. received information that K.O. was in Idaho visiting S.O. in foster care. On August 4, 2017, the Department filed an amended petition to add K.O., who had been residing in Oregon, to S.O.'s existing Idaho child protection case. The magistrate court signed an order and removed K.O. from Mother's custody to place her into foster care with S.O. in Idaho. After a shelter care hearing the court awarded temporary legal custody of K.O. to the Department. On September 8, 2017, the court entered default after Mother failed to appear at a hearing and awarded the Department legal custody of K.O. On October 3, 2017, the court approved a case plan regarding K.O. for Mother that was substantially identical to the case plan ordered for S.O. on June 15, 2017.

         On February 2, 2018, the court held a six-month review hearing for K.O. and, over Mother's objection, granted the Department's motion to address early permanency for both children. The goal of permanency planning is to provide a child with a lifetime connection to a family; thus, the Department's request for early permanence in this case sought to limit the amount of time K.O. and S.O. would remain in foster care and move expeditiously towards a permanent placement. On February 20, 2018, the court conducted a hearing to address early permanency and approved the termination of parental rights as the permanent plan.

         On March 1, 2018, the Department petitioned for termination of the parent-child relationship for both S.O. and K.O. On April 10, 2018, Mother withdrew her answer as to S.O., but requested a trial on the petition for K.O. On April 14, 2018, Mother moved to continue the termination trial or in the alternative to allow Mother's video testimony because she was incarcerated in Oregon. The magistrate court denied the request to continue the trial but granted mother's request to appear by video if all the parties would sign a stipulation to allow her testimony. On April 23, 2018, the parties stipulated to allowing Mother to testify by video and the court issued an order permitting her video testimony at trial. A contested termination trial was held on April 23, 2018, and May 9, 2018. On May 24, 2018, the court terminated Mother's parental rights. Mother timely appealed the termination of her rights as to K.O.

         III. Issues on Appeal

         1. Whether the magistrate court erred by granting early permanency and denying Mother's request ...


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.