Doe v. Roe

902 P.2d 477, 127 Idaho 452, 1995 Ida. LEXIS 124
CourtIdaho Supreme Court
DecidedAugust 25, 1995
DocketNo. 21723
StatusPublished
Cited by7 cases

This text of 902 P.2d 477 (Doe v. Roe) 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
Doe v. Roe, 902 P.2d 477, 127 Idaho 452, 1995 Ida. LEXIS 124 (Idaho 1995).

Opinion

SILAK, Justice.

This case concerns the application of the child custody proceedings of the federal Indian Child Welfare Act (“ICWA”), 25 U.S.C. §§ 1901-1923 (1988), to the termination of the parental rights of an Indian father and the adoption of his child by a non-Indian couple.

I.

BACKGROUND AND PRIOR PROCEEDINGS

The child in this case was born in 1989. The mother is a non-Indian and never married the child’s father. Shortly after birth, the mother placed the child with the adoptive parents, and he has remained with them to the present. After placing the child, the mother signed consents to the termination of her parental rights and to adoption by the adoptive parents. When the adoptive parents initiated proceedings to terminate the father’s parental rights, the father’s Indian tribe intervened. The tribe sought application of ICWA. The magistrate judge (trial court) held that the ICWA did not apply, and terminated the Indian father’s parental rights. The tribe appealed to the district court which affirmed. The tribe then appealed to this Court.

In In the Matter of Baby Boy Doe, 123 Idaho 464, 849 P.2d 925 (1993) (Doe I), we held that ICWA applied, and vacated the trial court’s order which terminated the parental rights of the Indian father. In Doe I, this Court did not decide the issues of the termination of the father’s parental rights and the placement of the child, remanding those questions to the trial court for further proceedings. See generally, Doe I.

On remand, the mother retained counsel and filed an appearance in the case, followed by a petition to rescind termination of her parental rights. She had not previously participated in the ease. The tribe objected to the mother’s appearance, but the trial court took that issue under advisement and allowed the mother to participate. The trial court held six days of hearings in October and December 1993. In May 1994, the trial court issued a memorandum decision and order. Therein, the trial court (i) held that the mother’s consents to terminate her parental rights and the consents to adoption were invalid, and that she was a proper party to the proceedings, (ii) terminated the father’s parental rights under ICWA, (iii) found good cause to deviate from ICWA’s placement preferences, and (iv) ruled that the mother may proceed to place the child for adoption with the adoptive parents. The tribe appealed to the district court, and this Court granted the district court’s petition to assume jurisdiction of the appeal. The father did not file an appeal, and did not participate in the proceedings on remand.

II.

ISSUES

1. Were the mother’s consents to termination of parental rights valid, and was she a proper party below?

[456]*4562. Were active- efforts made to prevent breakup of the Indian family, as required under 25 U.S.C. § 1912(d)?

3. Is the trial court’s finding of likely serious emotional harm to the child supported by evidence from testimony of qualified expert witnesses, as required under 25 U.S.C. § 1912(f)?

4. Is the trial court’s finding of likely serious emotional harm to the child supported by evidence beyond a reasonable doubt, as required under 25 U.S.C. § 1912(f)?

5. Does good cause exist to deviate from the placement preferences of the ICWA?

III.

STANDARD OF REVIEW

This Court will uphold the trial court’s findings of fact if supported by substantial competent evidence. Ireland v. Ireland, 123 Idaho 955, 957-58, 855 P.2d 40, 42-43 (1993). On issues of law, we exercise free review. Ausman v. State, 124 Idaho 839, 841, 864 P.2d 1126, 1128 (1993). Whether the trial court correctly applied ICWA to the facts of this case is a question of law and is subject to free review by this Court. In the Matter of Baby Boy Doe, 123 Idaho 464, 469, 849 P.2d 925, 930 (1993).

IV.

MOTHER’S REVOCATION OF CONSENTS AND PARTICIPATION AS A PARTY

The tribe opposed the mother’s appearance in the case, arguing her legal rights were terminated by an order of June 1990 after she voluntarily consented to termination of her parental rights. The trial court analyzed four separate consents (two consents to terminate parental rights, and two consents to adoption), and concluded the consents to termination and to adoption were invalid. Alternatively, the trial court held that if valid, the mother had the right to withdraw or rescind her consents, and therefore, was a proper party to the proceedings.

We need not address the parties’ contentions respecting each consent to resolve whether the mother had standing to participate below. We hold that none of the consents to terminate parental rights complied with ICWA’s statutory formalities, and that the order of June 1990 terminating the mother’s parental rights is invalid. Because the mother’s parental rights were not terminated, we conclude she had standing to participate in these proceedings.

Both Idaho law and ICWA contain statutes stating the formalities required for a voluntary termination of parental rights. See I.C. § 16-2005; 25 U.S.C. § 1913(a). In such situations, ICWA requires a court to apply the state or federal law provision which provides “a higher standard of protection” to a parent’s rights. 25 U.S.C. § 1921; see Matter of Appeal in Pima County Juvenile Action No. S-903, 130 Ariz. 202, 635 P.2d 187 (App.1981). We hold that 25 U.S.C. § 1913(a) applies here, because it offers greater protection to parents of Indian children. Unlike the state law counterpart, the federal statute requires judicial certification that the terms and consequences of the consent were fully explained:

Where any parent or Indian custodian voluntarily consents ... to termination of parental rights, such consent shall not be valid unless executed in writing and recorded before a judge of a court of competent jurisdiction and accompanied by the presiding judge’s certificate that the terms and consequences of the consent were fully explained in detail and were fully understood by the parent or Indian custodian....

25 U.S.C. § 1913(a) (emphasis added). None of the mother’s consents to termination of parental rights contain the required judicial certification.

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Cite This Page — Counsel Stack

Bluebook (online)
902 P.2d 477, 127 Idaho 452, 1995 Ida. LEXIS 124, Counsel Stack Legal Research, https://law.counselstack.com/opinion/doe-v-roe-idaho-1995.