Department of Health and Welfare v. Doe

233 P.3d 138, 149 Idaho 207, 2010 Ida. LEXIS 90
CourtIdaho Supreme Court
DecidedMay 28, 2010
Docket36664-2009, 36665-2009
StatusPublished
Cited by33 cases

This text of 233 P.3d 138 (Department of Health and Welfare v. Doe) is published on Counsel Stack Legal Research, covering Idaho Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Department of Health and Welfare v. Doe, 233 P.3d 138, 149 Idaho 207, 2010 Ida. LEXIS 90 (Idaho 2010).

Opinion

EISMANN, Chief Justice.

This is an appeal from a judgment terminating the parental rights of a father in three of his children. We affirm the decision of the district court upholding the judgment of the magistrate judge.

I. FACTS AND PROCEDURAL HISTORY

While Father and Mother (Parents) were residing in Pierce County, Washington, they had a daughter (Child One) born on July 6, 2005. The Washington Department of Social and Health Services (DSHS) removed Child One from Parents’ custody on September 30, 2005. Mother has epilepsy that causes frequent seizures, ranging from dizziness and difficulty speaking to full grand mal seizures that cause convulsions and unconsciousness. DSHS removed Child One from Parents’ custody because they would not follow precautions necessary to protect the baby from the *208 consequences of those seizures. Mother refused to refrain from carrying and picking up the baby. She also refused to stop breastfeeding her baby even though her anti-seizure medication could cause neurological and organ damage to her baby. Mother became pregnant again, and Parents moved from Washington to Lewiston, Idaho, to avoid having DSHS become involved with their unborn child.

Child One remained in the custody of DSHS, which ultimately filed a petition in Washington to terminate Parents’ parental rights. That matter was tried during July 2007, and on October 22, 2007, the Washington court issued a decision terminating Parents’ parental rights in Child One.

Prior to the termination, DSHS had provided a variety of services to Parents, as did the Idaho Department of Health and Welfare (DHW) after Parents had moved to Idaho. The Washington court found that Parents have complex developmental disabilities, including low intellectual abilities and a lack of knowledge and skills to survive, to conduct their lives independently, and to care for their child in a safe manner. Father was diagnosed with oppositional-defiance disorder, schizotypal personality disorder, and organic brain syndrome. His anger outbursts and behavior towards service providers caused three public health nurses to stop providing services to the family. Mother was diagnosed with depressive disorder and mild mental retardation. Although Parents completed parenting classes, they had difficulty implementing the instructed skills. The court concluded that termination of the parental relationship was in Child One’s best interest and that Parents will not be able to remedy their parental deficiencies within the near future.

On November 1, 2006, Mother gave birth to a boy and a girl (Twins). The hospital personnel discussed with Parents numerous times the potential risk of organ and neurological damage to Twins from Mother’s anti-seizure medication if she breastfed them. Father became very upset during these discussions, clenching his fists and refusing to listen, and he threatened to sue anybody who tried to take Twins away. Parents stated that Mother was going to breastfeed anyway, and she began doing so while still in the hospital. DHW took Twins into custody, and on November 2, 2006, it commenced proceedings under the Child Protective Act. The matter was set for a shelter care hearing, and at that hearing the magistrate judge found that it was contrary to the health, safety, and welfare of Twins to be returned to Parents’ home. The adjudicatory hearing was held on January 29, 2007. The magistrate found that Parents were unable to discharge their parental responsibilities with regard to Twins, and the court vested their custody in DHW.

After working with Parents for over a year, on February 22, 2008, DHW filed a petition to terminate Parents’ parental rights in Twins. The evidentiary hearing on that petition was held during three days in April and June, 2008.

The magistrate found that Father has a low-average to borderline range of intellectual functioning, and oppositional-defiance disorder, and a schizotypal disorder. People with these personality disorders are generally very resistive to direction, have trouble warming up to personal relationships, tend to be suspicious and paranoid, and suffer from emotional extremes. The court found that Mother suffers from a depressive disorder, has mild retardation, and epilepsy. Because of her depressive disorder and mild retardation, she tends to be tearful and unable to cope with stressful situations. With her epilepsy, she is subject to frequent and severe seizures.

Parents had case managers in their home about forty hours per week to assist with day-to-day living skills. Father showed one of the providers a gun and stated that he wanted to kill child protection workers in Seattle and Lewiston. As a result, DHW terminated in-home visits with Twins.

A DHW caseworker attempted to teach Parents about infant care, but she found herself repeating the same things from week to week. Parents were not receptive to instruction or direction and were unable to retain what they had been taught.

*209 At some point during the Child Protective Act proceedings, Parents moved from Lewiston to Orofino. They did not give a credible reason for doing so. That move limited their visits with Twins and removed Parents from a variety of services available to them through DHW.

The magistrate found that Parents had failed to comply with the ease plan, adding, “It is not envisioned that a parent can methodically and mechanically go through the motions of the case plan and achieve reunification. The case plan is an integral and important part of the Child Protective Act.” It also found that Parents were unable to show good judgment when caring for Twins and would place them in compromising situations. They were also unable to understand and appreciate their developmental milestones and would focus on the girl, who is developing at a normal pace, to the detriment of the boy, who is developmentally delayed. Father would become easily frustrated with the boy’s activities.

The court determined that based upon Parents’ performance for more than one and one-half years, their parenting ability will not improve in the foreseeable future sufficiently to have Twins in their custody. They were unable to provide parental care necessary for the well-being of Twins and are unable to discharge their parental responsibilities.

The court also found that even with supportive services, Parents will not be able to discharge their parental responsibilities. It found persuasive the testimony of three DHW caseworkers who had worked closely with Parents throughout the proceedings. These workers have been threatened by Father and faced resistance from both Parents. During the course of the proceedings, Parents would terminate providers if there was any indication that they disagreed with Parents’ position regarding this case or were cooperative with the DHW caseworkers. Parents would view providers as “the enemy” or a “spy” if they offered any suggestions, or corrective measures regarding Parents’ parenting. Based on Parents’ history in working with their supportive services, the court found that it could not have any assurance that supportive services would be a constant in Parents’ household. On August 7, 2008, the magistrate court entered a judgment terminating Parents’ parental rights in Twins.

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Cite This Page — Counsel Stack

Bluebook (online)
233 P.3d 138, 149 Idaho 207, 2010 Ida. LEXIS 90, Counsel Stack Legal Research, https://law.counselstack.com/opinion/department-of-health-and-welfare-v-doe-idaho-2010.