Jane Doe (2015-03) v. John Doe
159 Idaho 192
| Idaho | 2015Background
- Mother and Child left Father in 2011 and moved to Boise with Mother's stepfather; Father was arrested (later convicted of murder and weapons offenses) and has been continuously incarcerated since January 2012.
- Child was born in 2006; when living with Father there was evidence of Father’s controlling, violent behavior and daily alcohol abuse; Child was reportedly fearful of Father.
- Father’s convictions include Murder, Unlawful Possession of a Firearm, and Unlawful Use of a Weapon; his sentence makes him ineligible for parole until 2039.
- Mother petitioned to terminate Father’s parental rights; after a bench trial the magistrate court granted termination under Idaho Code §§ 16-2005(1)(d) and (1)(e) and found termination was in Child’s best interest.
- The magistrate found Mother’s testimony more credible than Father’s regarding prior abuse, Father’s limited post-separation contact (one Facebook contact and one letter in four years), and the positive change in Child’s welfare after removal from Father.
- Father appealed, arguing insufficient evidence to support prolonged inability to parent, that his conviction may be on appeal/overturned, and that he sought to maintain contact; the Supreme Court affirmed and awarded Mother appellate attorney fees.
Issues
| Issue | Plaintiff's Argument (Mother) | Defendant's Argument (Father) | Held |
|---|---|---|---|
| Whether §16-2005(1)(d) (parent unable to discharge parental responsibilities for prolonged indeterminate period injurious to child) is satisfied | Father is incarcerated long-term, has violent history and alcohol abuse, unable to parent and injurious to Child | Father asserts convictions may be overturned on appeal and disputes allegations of abuse; claims past positive parenting and willingness to facilitate visits | Affirmed: substantial evidence supports prolonged inability to parent due to incarceration, violent history, and alcohol abuse, which injures Child |
| Whether §16-2005(1)(e) (parent incarcerated and likely to remain so for substantial period of child's minority) is satisfied | Father will remain incarcerated past Child’s minority (parole eligibility in 2039), satisfying statutory ground | Father contends pending appeal could overturn conviction and preclude reliance on incarceration | Affirmed: Father is convicted and will likely remain incarcerated throughout Child’s minority; statutory ground met |
| Whether termination is in Child's best interest | Continued relationship with incarcerated, violent father would harm Child; Child is thriving in current custodial environment; Father made minimal contact | Father argues Child does not know he is in prison, visitation could be facilitated, and he attempted contact | Affirmed: court considered factors (nature of offense, prior behavior, limited contact, Child’s improved wellbeing) and found termination in Child’s best interest |
| Whether appellate attorney fees are warranted under Idaho Code §12-121 | Appeal was without foundation (merely asks appellate reweighing) and thus frivolous; fees requested | Father did not timely contest fee request | Awarded: appellate appeal lacked basis; Mother granted attorney fees on appeal |
Key Cases Cited
- In re Doe, 158 Idaho 548 (2015) (statutory grounds and factors for terminating parental rights of incarcerated parent)
- In re Doe, 157 Idaho 955 (2015) (appellate standard for termination findings; clear and convincing standard review)
- Dep’t of Health & Welfare v. Doe, 149 Idaho 207 (2010) (appellate review and proof-by-clear-and-convincing-evidence principles)
- Doe v. Doe, 148 Idaho 243 (2009) (each statutory ground is an independent basis for termination)
- Idaho Dep’t of Health and Welfare v. Doe, 152 Idaho 797 (Ct. App. 2012) (factors courts may consider when parent is incarcerated)
- In re Doe, 157 Idaho 765 (2014) (considerations for best-interest analysis in termination cases)
- In re Doe, 143 Idaho 343 (2006) (factors for evaluating incarcerated parent's efforts to maintain relationship)
- Minich v. Gem State Developers, Inc., 99 Idaho 911 (1979) (standard for awarding attorney fees for frivolous appeals)
- Kelley v. Yadon, 150 Idaho 334 (2011) (appeal brought without foundation may simply reweigh evidence)