Idaho Department of Health & Welfare v. Doe

379 P.3d 1094, 160 Idaho 824
Idaho Supreme Court·Decided September 14, 2016·No. Docket No. 44064·Published·Cited by 19 cases

Opinion

W. JONES, Justice

I. Nature of the Case

In an expedited appeal out of Bonneville County, Jane Doe (“Mother”) appeals a magistrate court’s judgment terminating her parental rights as to her children, D.M., A.M., J.S., A.L., and R.L. She asserts that the State failed to produce clear and convincing evidence sufficient to overcome the presumption that she could parent her children. Specifically, Mother argues that: (1) the last eight months of her participation in the case plan contravene a finding of neglect; and (2) the Idaho Department of Health and Welfare (“IDHW”) failed to help reunify the family.

II. Factual and Procedural Background

Mother has five children, D.M. (born 2007), A.M, (born 2008), J.S. (bom 2013), A.L. (born 2014), and R.L. (born 2015).

On May 22, 2014, a petition under the Child Protective Act was filed, asking a magistrate court to determine whether the children were within the jurisdiction of the Child Protective Act, Idaho Code Title 16, Chapter 16, and whether the children were “abandoned; abused; neglected; homeless and/or lacking a stable home environment.” Additionally, the petition asked the magistrate court to place the children under the protective supervision of the IDHW. The petition originated due to “ongoing neglect, of the children” and also because A.L. was born with methamphetamine in her system. After an adjudicatory proceeding, the magistrate court held the following: (1) the children are within the jurisdiction of the Child Protection Act; (2) the children are placed under the protective supervision of the IDHW in the children’s own home; and (3) Mother will cooperate with the IDHW in the development of a case plan.

On August 11, 2014, the magistrate court approved a case plan that required Mother to secure independent housing, attend parent-teacher conferences, and earn her GED. The magistrate court included a warning that “[Mother’s] failure to comply with the plan could result in the filing of a petition to terminate parental rights.”

The children were placed in shelter care on August 20, 2014, due to Mother’s continued non-compliance and neglect, which included failure to follow the case plan, discharge from drug and alcohol treatment due to failure to attend, and home cleanliness and safety issues. . A redisposition hearing occurred on August 22, 2014, which resulted in the magistrate court: (1) finding that.it was in the best interest of the children to vest legal custody of the children to the IDHW; (2) finding that efforts to prevent removal were reasonable; and (3) granting an extended home visit subject to Mother’s continued compliance and cooperation with the IDHW in the preparation of case plans.

After a hearing on September 15, 2014, the magistrate court approved an amended case plan requiring, inter alia, that Mother earn her GED and obtain independent housing. Once again, the magistrate court warned that “[Mother’s] failure to comply with the plan could result in the filing of a petition to terminate parental rights.” The previously granted extended home visit ended on September 10, 2014, due to Mother’s continued [827]*827neglect, failure to comply with the case plan, and failure to follow the rules at the Haven Shelter, where she temporarily resided. Consequently, the children have remained in the IDHW’s custody since August 20, 2014, and in a foster home since September 10, 2014.

In review hearings on February 9 and May 18, 2015, the magistrate court found that Mother’s non-compliance with the case plan had persisted. The magistrate court cited the IDHW’s reports in each of its orders. Prior to the second hearing, the IDHW reported as follows:

[Mother] is currently incarcerated on felony drug charges. [She] was released to pre-trial services in which she did not follow the terms of that release and that was revoked. [She] also failed to' attend her court hearings and there were warrants for her arrest. [She] has been involved in 8 different treatments since this ease began and has been kicked out of all 3 for failure to comply. [She] has tested positive on numerous drug tests and failed to produce or show for many as well. [She] has not been employed since this case opened. [She] was moved into the Haven and given her children back to her. She failed to comply with any of the Haven rules and left the Haven. [She] continues to reside with her grandmother, even though she knows the children cannot return to this location. [She] straggles on her visitations with her children and often sits on her cell phone, even though asked to put it away, or argues with [father of A.L.] in the visitation. The visitations with her children are horrible and the children run out of the room and away from [her]. The visitation monitor attempts parent coaching and [Mother] flat out refuses to listen or comply-

The magistrate court again warned Mother that failure to comply with the case plan could result in the filing of a petition to terminate parental rights. Additionally, the magistrate court noted that the IDHW had continued to make reasonable efforts to reunify the children with their parents, but such efforts were unsuccessful.

Following a hearing on August 17, 2015, the magistrate court approved the permanency plan calling for termination of parental rights and adoption. The magistrate court did not suspend reunification efforts, but warned that if Mother did not demonstrate remarkable progress on her case plan and in drag court, the IDHW would be authorized to suspend further reunification efforts and visitation between Mother and her children. At the time of the permanency order, the children had been in the IDHW’s custody for twelve months.

The IDHW petitioned to terminate the parental rights of Mother on August 21, 2015, The petition stemmed from Mother’s “neglect of the children, [her] failure to comply with the case plan and court orders, [her] failure to progress in order to reunify with the children within 15 months, and [her] failure to discharge parental responsibilities.” Shortly thereafter, Mother gave birth to her fifth child, R.L., who was immediately placed in shelter care for the same reasons listed in the termination petition. The magistrate court held a shelter care hearing regarding R.L. on August 24 and August 31, 2015, during which the director of the Haven Shelter and the case manager testified. The magistrate court found that despite the IDHW’s reasonable efforts, the circumstances necessitated placing R.L, in shelter care. The magistrate court warned Mother that she would need to make a “remarkable turnaround between now and the adjudicatory hearing” in order to have R.L. placed in her care at that time.

Mother’s non-compliance with the case plan continued as she broke the Haven Shelter’s infles, probation rules, and family drag court rales, which ultimately led to her arrest and incarceration on September 17, 2015. Following a hearing on September 28, 2015, the magistrate court issued an order authorizing the IDHW to suspend visitation and reunification efforts as to the four oldest children. Regarding the youngest child, R.L., the magistrate court found that, due to neglect and lack of a stable home environment, R.L. was within the jurisdiction of the Child Protective Act. Further, the magistrate court held that legal custody of R.L. was vested in the IDHW, but reunification efforts and visitation would continue. Accordingly, the mag[828]*828istrate court required the IDHW to prepare a written case plan for Mother.

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Idaho Department of Health & Welfare v. Doe, 379 P.3d 1094, 160 Idaho 824 (Idaho 2016).

379 P.3d 1094 (Idaho Department of Health & Welfare v. Doe) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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