Idaho Department of Health & Welfare v. Doe
157 Idaho 694
| Idaho | 2014Background
- Mother and Father are the children's biological parents with three children: B.M. (2002), A.M. (2004), and S.M. (2007).
- IDHW opened, then vacated, a CPA case in 2010, and reopened in 2012 leading to foster care and a 2014 termination judgment.
- Evidence showed chronic neglect: unsanitary, cluttered home; missed meals; inadequate supervision; and health concerns for S.M. (failure to thrive).
- Parents repeatedly failed to comply with the case plan, including drug testing, visits, medical releases, and housing/financial stability; multiple incarcerations occurred.
- By mid-2013 IDHW filed petitions to terminate parental rights; a 2013 termination hearing was initially granted by default, then set aside for excusable neglect, and ultimately termination was upheld after trial in 2014.
- Trial court found clear and convincing evidence of neglect and that termination was in the children’s best interests; Mother appealed alleging disability considerations and service shortfalls.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether termination of Mother’s rights was supported by clear and convincing evidence | Mother argues no clear and convincing neglect evidence | IDHW contends neglect and best interests supported termination | Yes; substantial evidence supports neglect and best interests findings |
| Whether the trial court adequately considered Mother’s disabilities | Mother contends disabilities affected compliance and visitation | IDHW adequately addressed disabilities and provided services | Yes; disabilities considered, and services found reasonable |
| Whether IDHW provided meaningful supportive services | Mother claims insufficient support given her disabilities | Court found IDHW provided reasonable services and efforts | Yes; substantial evidence supports reasonable efforts |
Key Cases Cited
- State v. Cheatwood, 108 Idaho 218 (Ct. App. 1985) (neglect and best interests considerations in termination of parental rights)
- Idaho Dep’t Health & Welfare v. Doe, 150 Idaho 36 (2010) (clear and convincing standard; substantial evidence standard of review)
- In re Doe, 151 Idaho 356 (Idaho 2011) (progress on case plan after termination proceedings may be insufficient to weigh against prior neglect)
- In re Doe, 156 Idaho 103, 320 P.3d 1262 (Idaho 2014) (definition of neglect; substantial and competent evidence standard)
- In Interest of Dayley, 112 Idaho 522, 733 P.2d 743 (Idaho 1987) (neglect and grounds for termination; statutory framework)