Tanner v. State, Department of Health & Welfare

818 P.2d 310, 120 Idaho 606, 1991 Ida. LEXIS 153
CourtIdaho Supreme Court
DecidedSeptember 19, 1991
Docket18847
StatusPublished
Cited by275 cases

This text of 818 P.2d 310 (Tanner v. State, Department of Health & Welfare) 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
Tanner v. State, Department of Health & Welfare, 818 P.2d 310, 120 Idaho 606, 1991 Ida. LEXIS 153 (Idaho 1991).

Opinions

BOYLE, Justice.

In this appeal from a magistrate’s order terminating the parental rights of Merlin Poppe with respect to his two minor children, we are called upon to determine whether the findings and order are supported by clear and convincing evidence. We affirm.

I.

Merlin Poppe and Norma Aragon had two children. Sherry was born at Oceanside, California on October 26, 1979, and Jimmie Joe was born at Twin Falls, Idaho, on April 5, 1984. After Jimmie Joe’s birth, the children lived with their mother in Idaho and Poppe continued to reside in California. Poppe visited Aragon and the children periodically and eventually moved to Idaho in 1985.

From a time shortly after Sherry’s birth, the Department of Health and Welfare maintained contact with Aragon to aid in her development as a parent. Legal custody of the children had been placed on occasion in the Department and the children had spent time in foster homes. In 1986, legal custody of Sherry and Jimmie was again placed in the Department of Health and Welfare pursuant to the Child Protective Act after it was found that one of Aragon’s other children1 was not developing properly. Although legal custody was placed in the Department, Aragon retained actual physical custody of the children. In July, 1987, the children were taken from the home and once again placed in foster homes.

After legal custody was placed with the Department in 1986, family assessment meetings were conducted by Department case workers and parenting contracts were signed by both Aragon and Poppe which outlined the changes needed to be undertaken by the parents. The Department then sought to obtain the parents’ commitment to make the necessary changes and subsequently evaluate their resolve and ability to make their lives more suitable for parental responsibilities. Pursuant to a Department request, Poppe attended an anger management class but the record indicates that Poppe failed to attend parenting classes, to provide a schedule of financial contribution and a plan of support for his children as requested by the Department case worker. Poppe’s wages were subse[608]*608quently garnished by the Department because of lack of voluntary child support provided to the children.

The record indicates that Department case workers found it difficult to locate and work with Poppe because he provided no permanent address. Although he lived with an uncle for a short period of time after his move to Idaho, he lived for more than a year in his van that was parked behind his place of employment in Twin Falls. After Poppe failed to follow through with the parenting contract, he was denied a subsequent contract with the Department.

On November 3, 1987, a petition was filed by the Department to terminate the parental rights of both Norma and Poppe. After extensive testimony, the magistrate court terminated the parental rights of both parents.2 The magistrate’s order was affirmed on appeal to the district court and the case was appealed to this Court.

II.

Poppe asserts there was insufficient evidence to support the magistrate’s determination and order terminating his parental rights. In proceedings to terminate a parent-child relationship, grounds for termination must be shown by clear and convincing evidence as mandated by the due process clause of the Fourteenth Amendment. Santosky v. Kramer, 455 U.S. 745, 102 S.Ct. 1388, 71 L.Ed.2d 599 (1982). This is also a well established evidentiary requirement in Idaho. I.C. § 16-2009; In Interest of Bush, 113 Idaho 873, 749 P.2d 492 (1988); In Interest of Dayley, 112 Ida ho 522, 733 P.2d 743 (1987); Crum v. State, Dep’t of Health & Welfare, 111 Idaho 407, 725 P.2d 112 (1986); see also Hofmeister v. Bauer, 110 Idaho 960, 719 P.2d 1220 (Ct.App.1986); In Interest of Cheatwood, 108 Idaho 218, 697 P.2d 1232 (Ct. App.1985).

Our review of factual findings is limited, and where the trial court has granted a petition terminating parental rights, that conclusion will not be disturbed on appeal so long as there is substantial competent evidence in the record to support the findings. In Interest of Bush, 113 Idaho 873, 749 P.2d 492 (1988); In Interest of Dayley, 112 Idaho 522, 733 P.2d 743 (1987); Rhodes v. State, Dep’t of Health & Welfare, 107 Idaho 1120, 695 P.2d 1259 (1985); In Interest of Castro, 102 Idaho 218, 628 P.2d 1052 (1981). Furthermore, “in reviewing such findings, this Court will indulge all reasonable inferences in support of the trial court’s judgment” when reviewing an order that parental rights be terminated. Castro, 102 Idaho at 221, 628 P.2d at 1055.

Poppe urges we adopt a stricter standard of review when reviewing parental termination proceedings. We rejected this argument in Interest of Bush, 113 Idaho 873, 749 P.2d 492 (1988), citing and relying upon the Court of Appeals’ holding in Thompson v. Thompson, 110 Idaho 93, 714 P.2d 62 (Ct.App.1986). In Bush we adhered to the “clearly erroneous” standard of review in parent-child termination cases. 113 Idaho at 876, 749 P.2d at 495. Accordingly, we adhere to well established precedent and decline to adopt a stricter standard of review. Id.

We recognize that substantial fundamental liberty interests involved in parental termination proceedings are protected by the Fourteenth Amendment, and agree with the Court of Appeals here, as we did in Bush, that

[t]he finder of fact has the opportunity to observe witnesses’ demeanor, to assess their credibility, to detect prejudice dr motive and to judge the character of the parties. In a parental-termination case, this is immensely important. A cold record of the trial does not tell the whole story. An independent review by our court could not take into account the trial court’s superior view of the entire situation.

[609]*609110 Idaho at 96, 714 P.2d at 65. We note under I.C. § 16-2009, that sufficient procedural safeguards exist to ensure the rights of parents. Idaho Code § 16-2009, unlike the deficient New York statutory standard in Santosky v. Kramer, 455 U.S. 745, 102 S.Ct. 1388, 71 L.Ed.2d 599 (1982), requires a “clear and convincing” evidentiary standard.

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Bluebook (online)
818 P.2d 310, 120 Idaho 606, 1991 Ida. LEXIS 153, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tanner-v-state-department-of-health-welfare-idaho-1991.