Doe v. Doe

234 P.3d 725, 149 Idaho 401
Idaho Supreme Court·Decided July 6, 2010·No. 36760·Published·Cited by 7 cases

Opinion

SUBMITTED ON THE BRIEFS

BURDICK, Justice.

John Doe I (hereinafter Doe) appeals from the magistrate court’s Memorandum Decision and Order terminating his parental rights to his child, D.C., entered September 21, 2009. 1 We affirm.

*403 I.FACTUAL AND PROCEDURAL BACKGROUND

D.C. was born in 1999. On April 4, 2000, a child protection referral was made in Moscow, Idaho, regarding the care of D.C. According to the reporting party, Doe and D.C.’s mother (Mother) had taken D.C. to a babysitter’s house and did not follow through with plans to pick up D.C., leaving the babysitter with no supplies, such as milk, with which to care for D.C. The report was coded as an information and referral only, and no further action was taken.

On April 3, 2003, a child protection referral was made in St. Maries, Idaho, regarding health and safety concerns with the family’s residence. Concerns of controlled substance abuse by Doe were also reported. A social worker visited the home and observed that there was no running water and the sewer system was not functioning.

On April 26, 2004, another child protection referral was made regarding the neglect of D.C. According to the referent, Doe and his girlfriend (S.R.) left D.C. and S.R.’s children with an aunt and uncle for several weeks and did not return to pick them up until forced to do so. The referent also noted substantial controlled substance abuse by Doe and S.R. Subsequent reports alleging child abuse and neglect were reported and attached to this initial presenting issue, including concerns about domestic violence by Doe against S.R., inappropriate physical discipline by Doe of S.R.’s children, and severe neglect of the children. These reports were also coded as information and referral only.

On March 22, 2007, D.C. was placed in foster care after Doe was arrested on a warrant for drug related charges. At that point in time, Mother had not had contact with D.C. for several years. The Department of Health and Welfare (Department) worked with Doe and assisted him with services to address drug and alcohol issues, parenting skills, anger management, employment, housing, and other identified needs. D.C. was reunited with Doe in October 2007.

On November 10, 2007, a child protection referral was made in Boise, Idaho, indicating that Doe had a felony warrant out for his arrest and the reporting party was concerned about what Doe would do with D.C. should he be arrested. The referral was coded as an information and referral only.

On April 18, 2008, Doe was incarcerated for violation of a no-contact order issued between him and S.R. D.C. was declared in imminent danger at that time due to Doe’s incarceration. Before D.C. was returned to Doe, Doe was again arrested on May 3, 2008, in Cascade, Idaho, for driving under the influence, domestic violence, reckless driving, eluding law enforcement, and fleeing the scene of an accident. In its Report of Investigation filed May 8, 2008, the Department requested that the Department be granted legal custody of D.C., and recommended that the following case plan be completed by Doe:

1. [Doe] will successfully complete the fifty-two weeks of domestic violence treatment through Tom Wilson Counseling, as ordered by his probation requirements.
2. [Doe] will participate in a mental health or psychological evaluation to determine any undiagnosed mental illness and determine the effect of any diagnosed mental health issues on his capacity to parent. All recommendations are to be followed and demonstrated.
3. [Doe] will participate in a substance abuse assessmenVevaluation approved by the assigned Department social worker and will follow any and all recommendations, including random drug tests at the discretion of the assigned Department social worker. The drug tests will be free of alcohol, illegal substances, and controlled substances not prescribed by a licensed physician. Legal controlled substances will not exceed prescribed levels.
4. [Doe] will obtain/maintain a stable, safe and healthy home environment for himself and his child. [Doe] will keep the home free of any health and safety hazards. No other persons may reside in the home without the prior approval of the Department social worker. He will allow the assigned Department so *404 cial worker and the Guardian Ad Litem to conduct random home visits.
5. [Doe] will obtain and maintain appropriate employment/ineome to provide for himself and his child. [Doe] will provide the assigned Department social worker with the necessary documentation to verify his income and legitimate employment.
6. [Doe] will address and resolve any pending legal issues, comply with the terms of his probation, and refrain from further illegal activity which may result in his arrest/incarceration.

On June 19, 2008, the magistrate court issued its Findings of Fact, Conclusions of Law and Order of Legal Custody and Order Approving Case Plan as to the Father, approving the case plan suggested by the Department on June 3, 2008. The steps outlined in the case plan were the same as the six recommendations made in the Report of Investigation.

On October 1, 2008, a Report to the Court for the Six Month Review Hearing was filed with the magistrate court. The Report stated that Doe did not have his own housing; D.C. was thriving in his current foster placement; Doe was in the process of completing his court ordered case plan but the social worker had not received a progress report from Tom Wilson Counseling; Doe had been spotted with S.R., but denied that it was her; Doe was participating in out-patient treatment and cognitive self-change; and Doe had provided a few pay stubs but the finances shown in the paystubs did not provide sufficient financial means for Doe or D.C.

The guardian ad litem also filed a report for the six-month review hearing. The guardian ad litem stated as to Doe: “[Doe] is working on his case plan. This guardian believes that [Doe] truly cares for his son and wants to be a parent to him. However, [Doe] has yet to demonstrate that he is able to maintain stability through employment and managing his mental health. [Doe] also has much further to go in his domestic violence treatment.”

On January 15, 2009, the Department filed a Permanency Hearing Affidavit recommending that proceedings be initiated to name the child’s maternal grandparents as his guardians. That affidavit stated that on November 20, 2008, Doe’s hair follicle test was positive for methamphetamine. It also stated that Doe had not enrolled in the recommended treatment classes nor followed through with the recommendations made following his psychological evaluation on July 29, 2008, and that Doe was continuing to reside with S.R. The affidavit also stated the following:

While this worker knows and has observed [Doe]’s love for his son, there are significant concerns about his ability to provide a safe, stable, and structured home environment for [D.C.] that is free of controlled substances and domestic violence. As of November, 2008, [Doe] has tested positive for methamphetamine.

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Doe v. Doe, 234 P.3d 725, 149 Idaho 401 (Idaho 2010).

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