Idaho Department of Health & Welfare v. Doe, 369 P.3d 932

Mother (Jane Doe) was involved in a 2014 single-vehicle rollover while intoxicated; Younger Sister died, Child was injured and placed with maternal Grandmother; Mother’s BAC was .102 and a rum bottle was found in the vehicle.
IDHW investigated, placed Child with Grandmother, and the magistrate court asserted jurisdiction under the Child Protective Act for neglect; a case plan required substance‑abuse and mental‑health treatment and random UA testing.
Mother completed only an ADIS education course, missed most scheduled UAs, underwent a GAIN assessment in February 2015 diagnosing alcohol dependence, and was arrested multiple times (including a DUI and a battery at a casino) and incarcerated for several months.
Child showed physical and behavioral problems at removal (underweight, dental issues, toilet and sleep problems) and improved in Grandmother’s custody; visits were arranged but strained and Grandmother lived ~8 hours away.
IDHW petitioned to terminate parental rights in April 2015; after termination hearings the magistrate court found by clear and convincing evidence that Mother neglected Child and terminated her parental rights; the court also found IDHW made reasonable reunification efforts.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Sufficiency of neglect finding	Mother: evidence insufficient; she engaged in treatment and maintained employment	State: Mother’s alcohol dependence, arrests, inconsistent case‑plan compliance,continued relationship with abusive Father, and Child’s condition establish neglect	Affirmed — substantial competent evidence supports neglect finding under I.C. §16‑2002(3)(a)
Reasonable efforts to reunify	Mother: IDHW obstructed progress, failed to arrange inpatient treatment, distance to Grandmother hindered reunification	State: IDHW pursued evaluations, arranged GAIN, facilitated visits and travel, and assisted treatment efforts	Affirmed — IDHW made reasonable efforts before termination petition
Judicial notice of prior adjudicatory transcript	Mother: court abused discretion taking judicial notice of prior findings beyond jurisdictional use	State: Rule 201(d) compelled judicial notice of identified transcript portions	Affirmed — court properly took mandatory judicial notice; concurrence questions reasoning but concurs in result
Admission of ICWA-related exhibits	Mother: hearsay objection to tribe responses to ICWA notices	State: exhibits reflect administrative notices and responses relevant to ICWA inquiry	Affirmed — Mother failed to show any substantial right was affected by admission

Dep’t of Health and Welfare v. Roe, 139 Idaho 18, 72 P.3d 858 (Idaho 2003) (clear‑and‑convincing evidence standard for termination)
In re Crum, 111 Idaho 407, 725 P.2d 112 (Idaho 1986) (appellate review of findings based on clear‑and‑convincing evidence)
Idaho Dep’t of Health & Welfare v. Doe, 151 Idaho 356, 256 P.3d 764 (Idaho 2011) (substantial and competent evidence standard explained)
In re Aragon, 120 Idaho 606, 818 P.2d 310 (Idaho 1991) (deference to factfinder on credibility and demeanor)
Hurtado v. Land O’Lakes, Inc., 153 Idaho 13, 278 P.3d 415 (Idaho 2012) (abuse of discretion standard for evidentiary rulings; substantial‑right requirement)
In Interest of Dayley, 112 Idaho 522, 733 P.2d 743 (Idaho 1987) (neglect includes exposure to domestic violence)
In re Doe, 143 Idaho 343, 144 P.3d 597 (Idaho 2006) (parent’s failure to protect child from domestic violence relevant to neglect)
Mulford v. Union Pac. R.R., 156 Idaho 134, 321 P.3d 684 (Idaho 2014) (appellant’s burden to show substantial right affected by evidentiary error)
Bolognese v. Forte, 153 Idaho 857, 292 P.3d 248 (Idaho 2012) (waiver for failure to present argument on substantial‑right impact)