Idaho Dep't of Health & Welfare v. Jane (2011-16) Doe (In re Termination of the Parental Rights of Jane (2011-16) Doe)
| Decision Date | 16 February 2012 |
| Docket Number | No. 39247.,39247. |
| Citation | 270 P.3d 1048,152 Idaho 263 |
| Parties | In the Matter of the Termination of the Parental Rights of Jane (2011–16) Doe. IDAHO DEPARTMENT OF HEALTH & WELFARE, Petitioner–Respondent, v. Jane (2011–16) DOE, Respondent–Appellant. |
| Court | Idaho Supreme Court |
Alan E. Trimming, Ada County Public Defender, Boise, for appellant.
Hon. Lawrence G. Wasden, Idaho Attorney General, Boise, for respondent.
Jane Doe appeals the termination of her parental rights with regard to her son, John Doe, contending that the magistrate court failed to properly consider her improved participation in mental health and family counseling services. Because there is substantial and competent evidence to support the magistrate court's Final Judgment that termination of Jane Doe's parental rights was in John Doe's best interests, the magistrate court did not err in terminating her parental rights.
John Doe ("Child") was born on January 28, 2004. Child has two older twin half-brothers ("Twins") and a full-sister. Jane Doe ("Mother") is the biological mother of all of the children. Twins were involved at the beginning of this action, but their child protection cases have since been vacated as they have been placed with their father. Child's sister was previously adopted by her paternal aunt on October 14, 2004. Child's father consented to the termination of his parental rights, contending that adoption is in Child's best interests because of Mother's history of neglect. Thus, this action relates solely to Mother's parental rights with regard to Child.
Throughout the month of January 2010, the Department of Health and Welfare ("the Department") received four referrals ("the January referrals"), involving Mother's neglect. At that time, Child and Twins were residing with Mother pursuant to a custody order. This was the second time Twins were placed in foster care due to Mother's neglect.1 The January referrals involved excessive absences and tardiness from school, Mother's refusal to engage in Individualized Education Program meetings, disenrollment of the children from school, lack of supervision, and health and safety dangers in the home.
In response to the January referrals, the Department's risk assessor, Dawn Doepke ("Doepke"), made a formal visit with Mother and her children in order to assess the severity of Mother's neglect. As a result of the visit, Doepke offered Mother a referral service with Family Connections, a parenting education program. Mother reacted by becoming very angry and yelling at Doepke. Doepke stated that Mother's volatility was a cause for concern throughout this action. She described Mother's anger as quick to escalate, like "turning on and off a light switch." On numerous occasions, Mother would storm out of Department home visits and end telephone conversations with Department social workers by hanging-up in anger.
On January 29, 2010, the Department filed its Motion for an Order to Remove the Children, contending that Child and Twins were "neglected as they [were] without proper parental care and control, or subsistence, education, medical or other care and control necessary for their well-being because of the conduct or omission of their parents...." The Department asserted that despite its efforts to provide parenting and mental health counseling and financial support, it received twenty referrals,2 beginning in 2000, regarding "concerns of [physical and educational] neglect, lack of supervision, hazardous home environment, and physical abuse."
On February 4, 2010, the magistrate court issued its Order to Remove the Children, holding that the children "should be removed from their present conditions and surroundings because continuation in such condition[s] or surroundings would be contrary to the welfare [and best interests of the children]." Thereafter, the children were placed in foster care, and Child's guardian ad litem ("the GAL") was appointed. Mother was assigned a case worker, Francine Frank ("Frank"), to establish a Case Plan, provide Mother with referral services, and to assess any further risks.
When Child was placed in foster care, he had significant dental needs. He also had unaddressed issues with his vision and asthma
. Child was provided with mental health counseling as well.
The Department then filed its Report of Investigation ("ROI") on February 16, 2010. The ROI recommended that the Department retain custody of Child until Mother met the following conditions:
Thereafter, Mother's Case Plan was filed on March 5, 2010 and modified on March 23, 2010. It provided several areas of concern that Mother was required to satisfy before she could re-establish custody of her children Specifically, the Case Plan required Mother to provide a home for her children free from health and safety hazards. Mother was to seek Department approval for overnight visits involving third parties. She was also to maintain steady employment or secure other suitable income to meet her children's needs. Furthermore, Mother was to keep her children enrolled in school, attend parenting education classes, and participate in her children's education planning and mental health treatment. Finally, the Case Plan states that Mother was to participate in a psychological evaluation and follow through with all recommendations as to medication management and long-term treatment.
On March 2, 2010 and March 15, 2010, Mother participated in psychological evaluations with a Department approved psychological evaluator ("the Evaluator"). The Evaluator found that Mother met the criteria for Major Depressive Disorder
and Generalized Anxiety Disorder. He noted that Mother was extremely defensive and evidenced social and behavioral immaturity as well as depression, anxiety, and a general inability to properly express anger. He further considered Mother's history of childhood physical and sexual abuse and her inability to recognize and appropriately respond to unhealthy relationships with men.3
The Evaluator recommended that Mother "receive psychiatric medication services and attend counseling to address her depression, anxiety, social isolation, tendency to make impulsive decisions, [and] childhood trauma...." He further recommended that Mother receive extensive parenting education and training to help her learn to maintain a stable and clean household appropriate for her children. In order for Mother to effectively parent Child, the Evaluator stated that she needed to follow all of these recommendations.
Thereafter, the Department provided Mother with referrals for mental health counseling services, family homemaking services, and medication management services. In subsequent mental health counseling sessions, it was determined that Mother must commit to three years of counseling and medication management treatment in order to adequately address her anger, depression, isolation, and anxiety. This estimate was dependent on Mother's consistency in attending her mental health, medication management, and parenting counseling sessions.
Even though Mother's Case Plan required strict commitment to her medication management and mental health counseling sessions, Mother, from the onset, missed most of her counseling sessions and often refused to take her psychiatric medications, due to her disdain for such drugs. Mother has changed her mental health counseling service provider three times, which has significantly impeded her progress. As a result, she had not progressed beyond the beginning stages of her mental health treatment.
During this time, Mother also experienced great difficulty in maintaining sufficient income and housing to provide for her own needs, much less the needs of the children, even though she was provided with extensive reunification services by the Department. Specifically, since her children were placed in foster care, Mother moved to three apartments due to her inability to pay rent, has generally been unable to pay her utilities, held three jobs for short periods of time, was unemployed for significant periods of time, and was unable to buy her children clothing. Furthermore, Mother owes four thousand seven hundred dollars in child support to the Department. At this time, due to her low or non-existent income, Mother has only made two payments totaling one hundred seventy one dollars. Mother's monthly child support obligation with regard to Child is one hundred sixty dollars a month.
The magistrate court held a six month review hearing ("review hearing") on August 11, 2010. At the review hearing, the magistrate court considered a Progress Report, which was prepared by Frank. The Progress Report noted several issues regarding Mother's inability to properly manage her mental health symptoms and to follow through with the Case Plan, but ultimately it recognized that Mother made enough progress in attending her counseling sessions in the month prior to the six month review hearing to warrant extending visitation with regard to Child.
On August 16, 2010, the magistrate court filed its Review Hearing Order, incorporating the Department's recommendations. Thereafter, the magistrate court issued its Order for Conditional Extended Visitation and Order for Extended Visitation on February 1, 2011 and March 9, 2011, respectively, permitting extended visitation until May 18, 2011, so long as ...
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