Idaho Department of Health & Welfare v. Doe

390 P.3d 1281, 161 Idaho 754
CourtIdaho Supreme Court
DecidedMarch 10, 2017
DocketDocket No. 44408
StatusPublished
Cited by21 cases

This text of 390 P.3d 1281 (Idaho Department of Health & 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
Idaho Department of Health & Welfare v. Doe, 390 P.3d 1281, 161 Idaho 754 (Idaho 2017).

Opinion

ON THE BRIEFS

BURDICK, Chief Justice.

Jane Doe (Mother) appeals the Bonneville County magistrate court’s termination of her parental rights to her two minor children, K.J.M. and K.M.M. (Children). The Idaho Department of Health and Welfare (IDHW) filed a petition to terminate Mother’s parental rights to Children on November 10, 2015. An eight-day trial was held, where over forty witnesses testified and one-hundred-eighty exhibits were admitted. The magistrate found termination proper on several bases and entered a judgment to that effect. On appeal, Mother asserts that the magistrate’s judgment is not supported by sufficient evidence and that the magistrate committed several errors. We affirm.

I. FACTUAL AND PROCEDURAL BACKGROUND

This case concerns the termination of Mother’s parental rights to her two minor children, K.J.M. (born August 2012) and K.M.M. (born August 2013).1 IDHW became involved in this ease in November 2012, when [756]*756it learned Mother and her boyfriend, who was also K.J.M.’s father, were blowing marijuana smoke in K.R.C.’s and K.J.M.’s faces. IDHW visited Mother’s home and noted it was “filthy with pills and drug paraphernalia scattered throughout the home[.]” Further investigation revealed that Mother’s boyfriend was physically abusing Mother. Mother’s boyfriend was arrested for felony strangulation of Mother. Apparently, Mother dropped the charges “due to him being the sole caretaker of the children and needing his help....”

In addition, Mother’s boyfriend was physically abusing K.R.G. and K.J.M. Mother reported she had witnessed her boyfriend “shake 4 month old [K.J.M.] ... and hit[ ] 1 year old [K.R.C.], leaving bruises on her legs and bottom.” Even so, Mother routinely placed them in the care of her boyfriend while she went to work, not “fully comprehend[ing] the danger she [was] placing her children in....” IDHW concluded Mother lacked “capacity to protect her children from harm” and became concerned about their safety. IDHW filed motions for appointment of a guardian ad litem and for protective supervision under the Child Protective Act, both of which were granted. IDHW maintained protective supervision until July 2014.

A case plan was entered during protective supervision, requiring Mother to do several things, including: (1) complete parenting and home organization classes; (2) complete domestic violence safety classes; (3) provide a plan stating how she would ensure Children’s safety; (4) ensure her home was clean; (5) clear her home’s floor of small objects, due to Children’s ages; (6) wash dishes and vacuum daily; (7) submit to random drug testing; and (8) acquire IDHW’s approval before allowing others to visit or reside in her home. Nevertheless, IDHW observed “the dishes were not done, the floor needed to be vacuumed, food was smeared into [the] carpet, and there were clothes on the floor.” Thus, IDHW concluded Mother “was either not wanting to change the way she lived or wasn’t taking this seriously.”

During protective supervision, Mother’s drug problem became evident. For instance, Mother was arrested in spring 2013 for failure to appear, and during the arrest, police found a urine-filled condom stashed in her underwear. That arrest occurred while Mother was traveling to a drug testing center, “indicating that Mother planned on falsifying her drug test.” Then, in spring 2014, Mother tested positive for “Methamphetamine and Amphetamine.” Mother testified she had used methamphetamine off-and-on during her pregnancies, further conceding she had used methamphetamine “during at least a portion of the pi’egnancy.” By 2014, Mother was using methamphetamine “pretty regularly” on a daily basis. In a mental health assessment performed on November 30, 2016, Mother stated that she “rel[ied] on drugs to feel normal.”

Mother was incarcerated several times during protective supervision. She was arrested and incarcerated in spring 2013 for failure to appear. After failing a drug test in spring 2014, Mother was incarcerated until the week of June 23, 2014. Mother was again arrested and incarcerated on July 21, 2014, evidently for repeatedly violating a court order preventing non-approved persons from residing with her. IDHW concluded Children were at a high level of threat, due to Mother’s incarcerations and “concerns of ongoing substance abuse and chronic neglect of children.”

IDHW made an unannounced visit to Mother’s apartment on July 21, 2014. Mother was home, but asleep. K.J.M. was seen playing in the dirt with no clothes or shoes, supervised by a man who indicated he had recently been released from jail and was using methamphetamine. K.M.M. was seen in her play pen, with a diaper “that was unchanged and bulging and almost overflowing with feces.” The IDHW “worker woke up [Mother] and told her that she needed to change [K.M.M.’s] diaper and that [Children] were being supervised by a man ,.. [who] the worker never met. [Mother] then ran out from her bedroom looking for her children.” Thereafter, IDHW concluded Mother was unable to meet the needs of Children and filed a motion for legal custody. The motion was granted, and Children have been in IDHW’s legal custody since July 22, 2014.

[757]*757Another ease plan was entered on August 11, 2014, requiring Mother to do several things, including: (1) stay sober; (2) find stable housing; (3) acquire IDHWs approval before allowing others to reside in her home; and (4) submit monthly budgets to IDHW. A similar case plan was entered on March 16, 2016. Mother failed to meet these requirements. As IDHW found in March 2015:

[Mother] has been discharged from Family Drug [C]ourt and treatment. She completed a Nelson’s Truth Verification Testing and Investigation on February 7, 2015. Results indicated that she recently relapsed by smoking meth for a period of 3-4 days, having unapproved associations, she had also been on 5-7 ride alongs where she knows people were dealing meth, as well as delivered it once by person. She admitted to facilitating a drug transaction by connecting a dealer to a person, having sex with 5 different individuals, as well as [being] in contact with 2 boy friends in jail while relationships or contact with these persons were not permitted.

Thus, IDHW concluded Mother had shown no improvement despite IDHW’s involvement but, in fact, had regressed.

IDHW filed a petition to terminate Mother’s parental rights to Children on November 10, 2015.2 An eight-day trial was held in May 2016. Forty-three witnesses testified, twelve more witnesses submitted stipulated offers of proof, and over one-hundred-eighty exhibits were admitted. The magistrate found termination proper on several bases and entered a judgment to that effect. This appeal timely followed.

II. STANDARD OF REVIEW

Under “Idaho Code section 16-2005(1), a court may terminate parental rights if it finds that doing so is in the best interests of the child and that at least one of five grounds for termination is satisfied.” In re Doe (2014-23), 157 Idaho 920, 923, 342 P.3d 632, 635 (2015). “The grounds for terminating a parent-child relationship must be proved by deal' and convincing evidence.” In re Doe (2013-15), 156 Idaho 103, 105-06, 320 P.3d 1262, 1264-65 (2014); see also I.C. § 16-2009.

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Cite This Page — Counsel Stack

Bluebook (online)
390 P.3d 1281, 161 Idaho 754, Counsel Stack Legal Research, https://law.counselstack.com/opinion/idaho-department-of-health-welfare-v-doe-idaho-2017.