In Re the Termination of the Parental Rights of Doe
158 Idaho 548
| Idaho | 2015Background
- John Doe was arrested for and convicted of first-degree murder for the death of his children's mother; he was sentenced to life with parole ineligibility for 25 years and has been in custody since arrest. He appealed the conviction and it was later vacated.
- Maternal grandparents became temporary guardians (May 2011) and were appointed guardians (June 2012); they filed to terminate John Doe’s parental rights (July 2012) and later sought to adopt the children.
- The magistrate court tried the termination claim in October 2014 without waiting for this Court’s pending decision on the criminal appeal. The court found three statutory grounds supporting termination and held termination was in the children’s best interests.
- The magistrate’s findings relied exclusively on the criminal jury verdict and conviction (murder and resulting long sentence) to conclude John Doe was unable to discharge parental responsibilities and that termination was presumed in the children’s best interests.
- This Court subsequently vacated John Doe’s murder conviction and jury verdict on appeal; the Supreme Court held the vacated conviction undercut the evidentiary foundation for the magistrate’s termination judgment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether substantial competent evidence supports that termination is in the children’s best interests | Guardians: conviction proves murder and thus supports a rebuttable presumption that termination is in the children’s best interests | Doe: conviction was vacated on appeal, removing the sole evidentiary basis for the presumption | Reversed: no evidence supports the magistrate’s best-interests finding because the conviction was vacated |
| Whether §16-2005(l)(d) (parent unable to discharge parental responsibilities for prolonged period) is satisfied | Guardians: long incarceration (since 2011) and minimal contact justify finding inability to parent for a prolonged period | Doe: the magistrate relied solely on the now-vacated conviction/sentence as proof of prolonged inability | Reversed: no substantial evidence supports this finding once the conviction is vacated |
| Whether §16-2005(l)(e) (incarcerated and likely to remain incarcerated during minority) is satisfied | Guardians: incarceration to date and low likelihood of reunion during children’s minority justify termination; prior case law shows past incarceration can be relevant | Doe: magistrate’s finding was predicated on the vacated conviction and sentence | Reversed: statutory text requires likelihood of remaining incarcerated; magistrate’s prediction depended on the vacated conviction, so no competent evidence supports termination |
| Whether §16-2005(2)(b)(iv) (parent committed murder) is satisfied | Guardians: criminal conviction constitutes clear-and-convincing evidence of murder for statutory ground | Doe: conviction was vacated; it cannot serve as proof in the termination proceeding | Reversed: the only evidence was the vacated conviction, so this statutory ground is unsupported |
Key Cases Cited
- In the Matter of the Termination of the Parental Rights of Jane (2014-23) Doe, 157 Idaho 920, 342 P.3d 632 (2015) (termination requires clear and convincing evidence and at least one statutory ground)
- Gooding County v. Wybenga, 137 Idaho 201, 46 P.3d 18 (2002) (statutory interpretation begins with the statute's plain words)
- Thomson v. City of Lewiston, 137 Idaho 473, 50 P.3d 488 (2002) (statutory construction principles)
- State v. Hart, 135 Idaho 827, 25 P.3d 850 (2001) (statutory construction must consider the whole statute)
- Idaho Dept. of Health & Welfare v. Doe, 151 Idaho 605, 261 P.3d 882 (Ct.App. 2011) (discussion of incarceration as a ground for termination)