In re Doe

• Decision Date: 25 September 2006
• Docket Number: No. 31266.,31266.
• Citation: 144 P.3d 597
• Parties: In the Matter of Jane DOE and Others: Children Under Eighteen Years of Age. State of Idaho, Petitioner-Respondent, v. John Doe, Respondent-Appellant.
• Court: Idaho Supreme Court

Page 597

144 P.3d 597

In the Matter of Jane DOE and Others: Children Under Eighteen Years of Age.

State of Idaho, Petitioner-Respondent, v. John Doe, Respondent-Appellant.

No. 31266.

Supreme Court of Idaho, Pocatello, September 2005 Term.

September 25, 2006.

Ronald S. George, Pocatello, for appellant.

Hon. Lawrence G. Wasden, Attorney General, Boise, for respondent.

TROUT, Justice.

This is a case involving termination of a father's parental rights. The biological father, John Doe, appealed the magistrate judge's order terminating his parental rights to the district court. The district court upheld the parental termination order. Doe appeals, requesting review of the magistrate judge's findings, conclusions and order of termination.

I. FACTUAL AND PROCEDURAL BACKGROUND

Doe's child, Jane, was born on August 8, 1998. Throughout Jane's life, Doe has had minimal physical contact with her. Jane has four half siblings (Doe is not the father of any of them), three of whom were also involved in the termination proceeding. The parental rights of Jane's mother (Mother) were terminated as to all four children, and that decision is not subject to this appeal. Because this appeal only involves Doe's parental rights, the facts will primarily focus on him rather than Mother, Jane's half-siblings, or their fathers.

In June 2000, Doe was sentenced to probation for felony domestic battery. He received home monitoring, but while on the program, he cut off his ankle bracelet and left the area. A year later, Doe was found to have violated his probation, and it was revoked by the sentencing court. Doe made a few attempts to have contact with his daughter during his incarceration by sending her letters, prison-made arts and crafts, gifts, and requesting visitations with her. At the time of the parental termination trial, Doe was scheduled to be released from prison on June 16, 2004.

In March 2002, the Department of Welfare (the Department) sought legal custody of Jane because of perceived failings in Mother's abilities as a parent. The Department attempted to reunify Jane and Mother, but made no contacts with or attempts to involve Doe, as he was imprisoned during this time. On April 17, 2003, the Department filed a petition to terminate the parental rights of Mother and the various fathers of the four children, including Doe. On September 16, 2003, the magistrate judge terminated Doe's parental rights based upon a finding of abandonment and neglect. The day after the magistrate judge's decision, Doe filed a notice of appeal to the district court. On September 17, 2004, the district court issued its decision on appeal, affirming the magistrate judge. Doe then filed a timely appeal to this Court.

II. ANALYSIS

A. Standard of Review

Where the issues before this Court are the same as those issues considered by the district court sitting in an appellate capacity, this Court will review the record with due regard for, but independently from, the district court's decision. Doe v. Roe, 133 Idaho 805, 807-08, 992 P.2d 1205, 1207-08 (1999).

The underlying action comes to this Court pursuant to a petition filed under Title 16, chapter 20 of the Idaho Code, which provides for the termination of parent-child relationships on either a voluntary or an involuntary basis. "Implicit in [the Termination of Parent and Child Relationship] act is the philosophy that wherever possible family life should be strengthened and preserved . . . ." I.C. § 16-2001.

In Idaho at the time the petition in this case was filed, the statute provided that the State may petition the court for termination of the parent-child relationship when it is in the child's best interest and any one of the following five factors existed: (a) abandonment, (b) neglect or abuse, (c) lack of a biological relationship between the child and a presumptive parent, (d) mental incapacity of the parent, or (e) where termination is in the best interest of the parent. I.C. § 16-2005.¹ Each statutory ground is an independent basis for termination. In re Aragon, 120 Idaho 606, 611, 818 P.2d 310, 315 (1991). When the State intervenes to terminate the parent-child relationship, the requisites of due process must be met. In re Baby Doe, 130 Idaho 47, 50, 936 P.2d 690, 693 (Ct.App. 1997). This requirement necessitates the State prove the grounds for terminating a parent-child relationship by clear and convincing evidence. In re Bush, 113 Idaho 873, 876, 749 P.2d 492, 495 (1988).

Due process requires us to determine if the magistrate judge's decision was supported by substantial and competent evidence. Doe I v. Doe, 138 Idaho 893, 900, 71 P.3d 1040, 1047 (2003). Substantial, competent evidence is "such evidence as a reasonable mind might accept as adequate to support a conclusion." Folks v. Moscow School Dist. No. 281, 129 Idaho 833, 836, 933 P.2d 642, 645 (1997). Therefore, we must conduct an independent review of the record that was before the magistrate court. Roe Family Services v. Doe, 139 Idaho 930, 934, 88 P.3d 749, 753 (2004). In a termination proceeding, our review parallels the trial court burden of proof when resolving the issues before it— clear and convincing evidence. Bush, 113 Idaho at 876, 749 P.2d at 495. "Obviously, the substantial evidence test requires a greater quantum of evidence in cases where the trial court finding must be supported by clear and convincing evidence, than in cases where a mere preponderance is required." Id. Moreover, the magistrate's decision must be supported by "objectively supportable grounds." State v. Roe, 142 Idaho 594, 599, 130 P.3d 1132, 1137 (2006).

B. Termination of Doe's Parental Rights

In the instant case, the State sought to terminate Doe's parental rights because he allegedly abandoned and neglected his daughter. The magistrate judge agreed with the State and held there was clear and convincing evidence that Doe had both abandoned and neglected his daughter, and that it was in the best interests of the child that the relationship be terminated. On appeal, Doe asserts the magistrate judge erred in finding that the State presented clear and convincing evidence that he abandoned and neglected his daughter and contends that the similarities between his case and Doe v. State, 137 Idaho 758, 53 P.3d 341 (2002), mandate that we vacate the magistrate's order terminating his parental rights.

While the magistrate judge's opinion addresses both grounds for the termination, abandonment and neglect, it is only necessary that one of the grounds be supported by the evidence. Roe v. Doe, 142 Idaho 174, 179, 125 P.3d 530, 535 (2005). Because there is clear and convincing evidence to support the trial court's determination that Doe had neglected Jane, we address only that ground.

The magistrate judge made the following factual findings relating to Doe's conduct prior to his incarceration, which support the ultimate finding of neglect:

(1) When the family was together, no parent was capable of:

a. Providing a stable home environment for the children

b. Providing support for the children

c. Complying with the law and requirements of society [or]

d. Educating the children and teaching them to be productive law abiding citizens.

(2) "When the family resided with [Doe] . . . there was a lot of violence in the home" and

(3) "Testimony was that [Doe] was regularly intoxicated."

The magistrate judge also found that reunification efforts were impossible because there was no parent or combination of parents who could provide a stable home environment, support or education and training, and indeed the parents were not capable of "complying with the law and requirements of society."

There is ample evidence in the record to support these factual findings. First, between Jane's birth in August of 1998 and Doe's initial incarceration in county jail in June of 1999, Doe had the opportunity to provide for the "health, morals and well-being of his daughter." Instead, during the first year of his daughter's life he saw her sporadically, totaling a period of six weeks, clearly supporting the magistrate judge's finding that Doe was incapable of providing a stable environment and support for his daughter. This finding is further supported by the fact that in June 2000, after spending a year in the county jail, Doe was given a second chance to be a stable presence in Jane's life, as he was placed on probation with a home-monitoring system. Again, he failed to provide any type of consistent parental presence, this time cutting off his ankle bracelet and absconding from the state where he remained out of contact with his daughter. Indeed he provided no support or care throughout this time and was then apprehended a year later and placed in prison for violating his probation. The nominal amount of time he spent with his daughter and his inability to comply with the law is contrary to providing for the health, morals and well-being of Jane. Doe spent only six weeks with Jane, out of a possible two years where he was free from incarceration and the very act of absconding intentionally cut off all contact with Jane.

Next, even during the minimal periods of time spent at the family home, the record contains evidence of incidents of Doe's violence and the detrimental effect of this conduct on his family and specifically, Jane. Doe admitted that during an argument with Jane's mother, where he suspected she was not carrying his child, he punched her in the stomach, knowing she was five months pregnant with Jane. Doe irrationally attempted to defend his behavior by testifying at trial, "I didn't mean to punch her in the stomach . . . I was trying to punch her in the solarplexis [sic]," or, in other words, that he missed. Mother testified that when Doe "slugged" her in the stomach, he told her the child was not his. This conduct alone shows a complete disregard for the "health, morals and well-being" of his unborn daughter. Even if punching Mother in the stomach...