RE: Termination of Parental Rights of John (2011-23) Doe SUBSTITUTE
153 Idaho 258
| Idaho | 2012Background
- John Doe, a Mexican citizen, entered the US illegally in 2003 and married Jane Doe in Idaho in 2007; their child was born in the US in 2008.
- Father was deported after a 2007-2009 series of encounters; he reentered illegally in 2009 and was later barred from entering the US for ten years.
- Mother left Mexico; Daughter was taken into protective custody in Idaho in March 2009 after allegations of abuse involving Mother’s boyfriend’s child.
- Initial Child Protective Act proceedings in 2009-2010 did not name Father as a party and did not establish a role for the Department toward him in the case plan.
- A 2010 termination petition led to a default judgment against Father due to defective service; the judgment was later set aside and the case proceeded to trial in 2011.
- The magistrate court ultimately terminated Father’s parental rights, finding abandonment; the appellate court reversed and remanded to place Daughter with Father in Mexico.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did Father abandon the child under Idaho law? | Doe; willful failure to maintain a normal parental relationship | Doe; inability to establish contact or financial support while in Mexico and barred from US entry | Abandonment not proven; reversed as to abandonment findings |
| Was service and due process valid regarding termination proceedings? | State; proper service by publication and termination supported by evidence | Father not properly served; lack of notice undermined proceedings | Due process violation; ample service defects voided termination |
| Was the best interests analysis correctly applied, given a natural parent seeking custody abroad? | Best interests favored termination and adoption in the United States | Court should consider returning daughter to Father if capable of providing stable placement | Notwithstanding best interests concerns, natural parent rights require placing with Father where feasible |
Key Cases Cited
- In re Adoption of Doe, 143 Idaho 188, 141 P.3d 1057 (Idaho 2006) (defines abandonment and parental rights standards)
- Doe I v. Doe II, 148 Idaho 713, 228 P.3d 980 (Idaho 2010) (burden to prove abandonment; willful failure with ability to act required)
- Stockwell v. Stockwell, 116 Idaho 297, 775 P.2d 611 (Idaho 1989) (parental custody presumptions in nonparent vs. natural parent disputes)
- Department of Health and Welfare v. Doe, 149 Idaho 207, 233 P.3d 138 (Idaho 2010) (clear and convincing evidence standard; appellate reweighing limits)
- Hogg v. Wolske, 142 Idaho 549, 130 P.3d 1087 (Idaho 2006) (standard for whether evidence supports abandonment findings)