Doe v. Roe

• Decision Date: 16 December 1999
• Docket Number: No. 24978.,24978.
• Parties: In the Matter of Jane Doe, a Minor Child. John DOE and Jane Doe I, Petitioners-Respondents, v. Jane ROE, Respondent-Appellant.
• Court: Idaho Supreme Court

992 P.2d 1205

133 Idaho 805

In the Matter of Jane Doe, a Minor Child.

John DOE and Jane Doe I, Petitioners-Respondents, v. Jane ROE, Respondent-Appellant.

No. 24978.

Supreme Court of Idaho. Pocatello, September 1999 Term.

December 16, 1999.

Randall D. Schulthies, Bannock County Public Defender, Pocatello, for appellant. Kent V. Reynolds argued.

Douglas K. Merkley, Pocatello, for respondents.

SCHROEDER, Justice.

This is an appeal from the decision of the district court which affirmed the decision of the magistrate court to terminate the parental rights of Jane Roe (Roe) to her child, Jane Doe (the minor child). Roe challenges the finding that there is substantial, competent evidence to support the decision to terminate her parental rights.

I. BACKGROUND AND PRIOR PROCEEDINGS

Roe and John Doe were married in 1985. The minor child was born on September 23, 1988. The parties were divorced in 1993. Roe and John Doe were awarded joint legal custody of the minor child. Roe had primary physical custody and John Doe had liberal rights of visitation. John Doe married Jane Doe I (the stepmother) in June 1994.

The minor child resided with Roe from August 1993 through September 1995. In this period Roe had seven different residences. During this time Roe cohabitated for six to eight months with a man who testified that he witnessed Roe consume alcohol frequently and that she used illegal drugs in the presence of the minor child. He became concerned about Roe's behavior and contacted John Doe to inform him of the concerns.

Roe cohabitated with another man for approximately one year during the time she had primary custody of the minor child. He testified that Roe consumed alcohol daily and used illegal drugs on a weekly basis. According to him, Roe was intoxicated frequently in the presence of the minor child. On several occasions he found Roe passed out at 2:00 or 3:00 a.m. with the minor child by her side crying and pulling Roe's hair trying to wake her up. The minor child was seven years old at the time. He testified that he regularly had to feed and dress the minor child and take her to school because Roe was either asleep or did not want to take on the responsibilities herself. He was concerned about Roe's behavior towards the minor child, and he contacted John Doe to inform him of his concerns.

In July 1995, John Doe petitioned to modify the divorce decree based on concerns regarding Roe's continuing substance abuse problem and its effect on the minor child. The parties stipulated to modify the decree to provide that John Doe would have physical custody of the minor child and Roe would have liberal rights of visitation. The magistrate entered an order modifying the divorce decree pursuant to the parties' stipulation. The order included the following alcohol/drug provision:

q. Neither party shall consume alcohol or use any illegal drugs while he or she is in the presence of, or has custody/visitation of, the minor child, nor shall either party attempt to pick or drop off the child when they have been using alcohol or illegal drugs.

If the Defendant [John Doe] suspects the Plaintiff [Roe] has been using alcohol or illegal drugs around their minor child, the Defendant may request an alcohol and/or drug test be taken by the Plaintiff at the Defendant's expense. If the Plaintiff refuses to submit to immediate testing or fails the test, her visitation/custody is suspended until further order of the Court.

The order imposed other restrictions on the parties, including the prohibition of nonmarital cohabitation with a person of the opposite sex in the presence of the minor child. Roe was also ordered to pay child support, but only if she had an income that was equal to or exceeded $800 per month.

John Doe testified that Roe repeatedly violated the modification order by consuming alcohol and illegal drugs while in the presence of the minor child. Roe also violated the cohabitation provision in the order. Consequently, John Doe filed a second petition seeking an immediate modification of Roe's visitation rights and requesting that Roe only be allowed supervised visitation. The parties agreed to the second modification, and a stipulated order was entered on May 16, 1996, which limited Roe's contact with the minor child to supervised visitation. Roe was allowed to make only one phone call per day to the minor child, which must be made prior to 8:00 p.m., and both parties were to refrain from consuming alcohol or illegal drugs while in the presence of the minor child. The stipulated order allowed for the termination of Roe's visitation rights if she violated any term of her supervised visitation.

On November 7, 1996, John Doe filed an amended petition for modification, alleging that Roe had violated provisions of the stipulated order in the following respects:

(1) Roe had consumed beer during a family reunion while she was exercising her right to supervised visitation with the minor child;

(2) Roe was convicted of two misdemeanor counts, one involving harassing phone calls to John Doe's stepchildren at John Doe's home, and a second involving driving under the influence of alcohol. As a result of the DUI conviction, Roe was incarcerated;

(3) Roe visited the minor child at the child's school without supervision.

On March 5, 1997, the magistrate entered an order limiting Roe's contact with the minor child to sending letters and gifts. John Doe testified that since entry of the March 5, 1997, order, Roe has only written to the minor child twice.

On March 4, 1997, John Doe filed a petition for termination of the parent-child relationship. The case was tried and the magistrate granted the petition for termination on the grounds of abandonment, neglect and that termination would serve the best interests of the minor child. Roe appealed to the district court which reversed the decision with the respect to abandonment but affirmed the decision on the grounds of neglect and that termination would serve the best interests of the minor child. Roe appealed the district court decision.

II. STANDARD OF REVIEW

The Court of Appeals has summarized the standard of review in proceedings to terminate a parent-child relationship.

It is well settled that, in a proceeding to terminate a parent-child relationship, the due process clause mandates that the grounds for termination must be shown by clear and convincing evidence. When the trial court finds that the grounds as defined by statute, which are alleged for termination, are established by clear and convincing evidence, those findings will not be overturned on appeal unless they are clearly erroneous. Clear error, in turn, will not be deemed to exist where the findings are supported by substantial and competent, albeit conflicting, evidence. "It is for the trial court to determine whether clear and convincing evidence supported the termination of parental rights. [This Court's] task on ... appeal is to determine whether the trial court's finding ... is clearly erroneous." Furthermore, "in reviewing such findings, this Court will indulge all reasonable inferences in support of the trial court's judgment" when reviewing an order that parental rights be terminated.

In the Interest of Baby Doe, 130 Idaho 47, 53, 936 P.2d 690, 696 (Ct.App.1997) (quoting In the Interest of Crum, 111 Idaho 407, 409, 725 P.2d 112, 114 (1986)); Matter of Aragon, 120 Idaho 606, 608, 818 P.2d 310, 312 (1991) (other citations omitted). "Where ... the issues before the appellate court are the same as those considered by the district court sitting in an appellate capacity, the appellate court will review the trial record with due regard for, but independently from, the district court's decision." Doe v. State, Dep't of Health & Welfare, 122 Idaho 644, 645, 837 P.2d 319, 320 (Ct.App.1992).

III.

THE DECISION OF THE TRIAL COURT CONCERNING NEGLECT OF THE MINOR CHILD BY ROE IS SUPPORTED BY SUBSTANTIAL, COMPETENT EVIDENCE.

The trial court concluded that the evidence established abandonment pursuant to § 16-2005(a) and neglect pursuant to § 16-2005(b) and that termination would be in the best interests of the minor child. The district court reversed the decision with respect to abandonment but affirmed the decision on the grounds of neglect and that termination would serve the best interests of the child. Roe maintains that the evidence presented at trial is insufficient to support a finding of neglect.

Section 16-2005(b) defines "neglect" as "a situation in which the child lacks parental care necessary for his health, morals and well-being." The trial court made the following comments with respect to its belief that the evidence established neglect by clear and convincing evidence:

The evidence in this case is more than persuasive that there has been neglect of [the minor child] by the mother, and even abuse (considering the emotional impact on the child of the incidents testified to at trial). Considering the mother's battle with addictions, the history of the manner in which this has impacted the life of [the minor child] (as well as other family members), and current status of the other relative to possible rehabilitation and ability to parent [the minor child] in the future, this court is persuaded that clear and convincing grounds for termination have been established by the father.

This court, of course, has no ability to predict the future for the mother and her addiction problems, but it certainly must and does take notice of all past history, as testified to at trial by almost all witnesses, in concluding that the prognosis is very poor indeed relative to the mother ever being able to stabilize her own life in such a way that she could provide for the "... health, morals and well-being ..." of her daughter.

It is important to note two things in this respect: First, we are dealing with the life [of] a young child, now only 8 years of age, and that child has already lived through six or more years of

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