270 P.3d 1048
Idaho2012Background
- John Doe, born January 28, 2004, is the child at issue in a Department termination proceeding against Jane Doe.
- The Idaho Department received multiple referrals for Mother's neglect beginning in January 2010, leading to removal of the children in February 2010 and a reunification case plan.
- Mother attended some psychological evaluations in March 2010; evaluators diagnosed Major Depressive Disorder and Generalized Anxiety Disorder and recommended extensive counseling and medication management.
- Mother repeatedly failed to attend mental health counseling and medication management, had housing and income instability, and owed substantial child support, undermining reunification efforts.
- An extended home visit in early 2011 showed significant health and safety concerns, behavioral regressions in Child, and Mother’s noncompliance with safety plans, culminating in termination of parental rights.
- Final judgment terminating Mother's parental rights with regard to Child was entered September 21, 2011; Mother timely appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Waiver of §16-2005(1)(B) and (D) issues. | Doe did not contest neglect or inability to discharge duties; waiver applies. | Magistrate erred by considering best interests notwithstanding waiver. | Mother waived the §16-2005(1)(B) and (D) issues; court affirms on waiver. |
| Best interests of the child support termination. | Termination is in Child's best interests given neglect history and instability. | Mother argues progress and potential future stability; termination not warranted. | Termination is in Child's best interests. |
Key Cases Cited
- Idaho Dep’t of Health & Welfare v. Doe, 150 Idaho 36 (2010) (permits review of termination with clear and convincing standard)
- Bach v. Bagley, 148 Idaho 784 (2010) (waiver for lack of argument and authority)
- Jorgensen v. Coppedge, 145 Idaho 524 (2008) (opening brief must contain argument and authority)
- Hogg v. Wolske, 142 Idaho 549 (2006) (principles guiding review of claimed errors)