Idaho Dep't of Health & Welfare v. John (2010-28) Doe (In re Termination the Parental Rights John Doe)
| Decision Date | 27 July 2011 |
| Docket Number | No. 38353.,38353. |
| Citation | 151 Idaho 605,261 P.3d 882 |
| Parties | In the Matter of the Termination of the Parental Rights of John Doe. IDAHO DEPARTMENT OF HEALTH & WELFARE, Petitioner–Appellant, v. John (2010–28) DOE, Respondent–Appellant. |
| Court | Idaho Court of Appeals |
Joseph L. Ellsworth of Ellsworth, Kallas, Talboy & DeFranco, PLLC, Boise, for appellant.
Hon. Lawrence G. Wasden, Attorney General; Mary Jo Beig, Deputy Attorney General, Boise, for respondent.
John Doe appeals from the magistrate's decree terminating his parental rights to his child. For the reasons set forth below, we affirm.
Doe has a history of methamphetamine use and felony convictions. In September 2003, Doe pled guilty to possession of a controlled substance. He was placed on a rider and, after successful completion, was released on probation in March 2004. In September 2004, Doe was sentenced to a unified term of five years, with a minimum period of confinement of two years, following a guilty plea to felony eluding a police officer. Based on this guilty plea, his probation for possession of a controlled substance was revoked and that original sentence was ordered into execution. Doe was paroled in 2006. During the next two years, Doe continued to use methamphetamine. Doe was sober for a period of eight months in 2008, but relapsed following the death of his mother.
In late 2008, Doe learned that he and his wife were expecting a child. In early January 2009, Doe was charged with possession of a controlled substance and unlawful possession of a firearm by a felon. J.S. was born January 28, 2009, to Doe and his wife (Mother). Doe pled guilty to the charges and was sentenced in February 2010 to a unified term of seven years, with a minimum period of confinement of three years, for possession of a controlled substance and a consecutive indeterminate term of three years for unlawful possession of a firearm.1 Doe has been continuously incarcerated since J.S.'s birth.
For the first five months of her life, J.S. was cared for by Mother. Like Doe, Mother had a substance abuse problem with attendant felony criminal charges. This termination action commenced as a child protection case on June 3, 2009, when Mother, with J.S. in her arms, entered the house of a neighbor insisting the neighbors were hiding another child who Mother believed was supposed to be under her care. Mother was confused and paranoid and she claimed she could hear the lost child in the pipes of the neighbor's house. The neighbors stated that Mother whipped J.S. around in her arms as she searched the house for the other child. Law enforcement was called to the scene and declared J.S. to be in imminent danger. J.S. was taken into the care of the Department of Health and Welfare. A motion to place temporary custody in the Department was filed, and a hearing was held on the motion on June 4, 2009. Thereafter, a custody order was entered as to both parents which granted temporary legal custody to the Department.
On July 10, 2009, a case plan was filed with the court which outlined nine tasks for Doe to complete to facilitate reunification with J.S. Four of the tasks were to be completed upon Doe's release from prison.2 The remaining five tasks required Doe to: (1) successfully complete a parenting class; (2) attend scheduled visitations with J.S.; (3) address and resolve his current and pending legal issues and refrain from further illegal activity; (4) participate in a substance abuse evaluation and provide the Department with tests demonstrating he was free of alcohol and drugs; and (5) participate in a cognitive self-change class. On August 13, 2009, the magistrate issued an order granting legal custody of J.S. to the Department and approving Doe's case plan. That order also approved a case plan as to Mother. Mother worked on her case plan between August 2009 and June 2010. During this time, J.S. was placed with her maternal grandmother as Foster Mother.3 Ultimately, Mother was unsuccessful in reuniting with J.S. because Mother was incarcerated in June 2010 and failed to complete her case plan.
In July 2010, the Department filed a petition for termination of parental rights as to both parents. The Department filed an amended petition for termination on October 7, 2010. The amended petition requested termination as to Doe on two grounds: Doe was incarcerated and likely to remain incarcerated for a substantial period of time during J.S.'s minority and Doe had neglected J.S. by failing to comply with the case plan and reunification with J.S. had not occurred within fifteen of the last twenty-two months. A hearing was conducted on the petition for termination on October 7, 2010. The magistrate terminated Doe's parental rights in a memorandum decision dated December 3, 2010.4 Doe appeals.
The United States Supreme Court has held that a parent's interest in maintaining a relationship with his or her child is a fundamental liberty interest protected by the Fourteenth Amendment of the United States Constitution. Santosky v. Kramer, 455 U.S. 745, 753, 102 S.Ct. 1388, 1394–95, 71 L.Ed.2d 599, 606 (1982) ; Quilloin v. Walcott, 434 U.S. 246, 255–56, 98 S.Ct. 549, 554–55, 54 L.Ed.2d 511, 519–20 (1978). See also In re Doe, 146 Idaho 759, 761, 203 P.3d 689, 691 (2009). Concordantly, the Idaho Legislature has, in the Child Protective Act, directed "that the state of Idaho shall, to the fullest extent possible, seek to preserve, protect, enhance and reunite the family relationship." I.C. § 16–1601. Likewise, the Termination of Parent and Child Relationship Act states that " implicit in this chapter is the philosophy that wherever possible family life should be strengthened and preserved." I.C. § 16–2001(2).
Because a fundamental liberty interest is at stake, the United States Supreme Court has determined that a court may terminate a parent-child relationship only if that decision is supported by "clear and convincing evidence." Santosky, 455 U.S. at 746, 102 S.Ct. at 1391, 71 L.Ed.2d at 602. See also I.C. § 16–2009 ; Doe, 146 Idaho at 761–62, 203 P.3d at 691–92; State v. Doe, 143 Idaho 383, 386, 146 P.3d 649, 652 (2006). Several factors call for employment of an elevated standard of proof: the permanence and irrevocability of a termination of parental rights; the imprecision of the standards to be applied, such as the best interest of the child, which leave determinations unusually open to the subjective values of the judge; and the reality that the state's ability to assemble its case almost inevitably dwarfs the parents' ability to mount a defense. See Santosky, 455 U.S. at 759–63, 102 S.Ct. at 1397–1400, 71 L.Ed.2d at 610–13.
On appeal from a decision terminating parental rights, this Court examines whether the decision is supported by substantial and competent evidence, which means such evidence as a reasonable mind might accept as adequate to support a conclusion. Doe v. Doe, 148 Idaho 243, 245–46, 220 P.3d 1062, 1064–65 (2009). The appellate court will indulge all reasonable inferences in support of the trial court's judgment when reviewing an order that parental rights be terminated. Id. The Idaho Supreme Court has also said, however, that, 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. State v. Doe, 143 Idaho 343, 346, 144 P.3d 597, 600 (2006). Clear and convincing evidence is generally understood to be evidence indicating that the thing to be proved is highly probable or reasonably certain. In re Doe, 143 Idaho 188, 191, 141 P.3d 1057, 1060 (2006). Further, the magistrate's decision must be supported by objectively supportable grounds. Doe, 143 Idaho at 346, 144 P.3d at 600.
Idaho Code Section 16–2005 authorizes termination of the parent-child relationship when it is in the child's best interests and any one of several factors exist, including when the parent has neglected the child or the parent has been incarcerated and is likely to remain incarcerated for a substantial period during the child's minority. I.C. § 16–2005(1)(b), (e). Here, the Department's petition alleged that termination was proper because termination was in J.S.'s best interests and Doe was incarcerated and likely to remain so for a substantial period of J.S.'s minority and because Doe neglected J.S. by failing to comply with his case plan.
Doe makes three arguments on appeal. First, Doe argues that substantial evidence does not support the decision to terminate his parental rights because he has been incarcerated and is likely to remain incarcerated for a substantial period of J.S.'s minority. Second, Doe asserts that the decision to terminate his parental rights because he neglected J.S. by failing to comply with the case plan in fifteen of the last twenty-two months was not supported by substantial evidence. Finally, Doe asserts that the district court erred in finding that termination was in J.S.'s best interests.
We must determine whether there was substantial evidence to support the magistrate's finding that Doe has been incarcerated and is likely to remain incarcerated for a substantial period of J.S.'s minority. In this case, we must engage in statutory interpretation to determine what constitutes a "substantial period of time during the child's minority." I.C. § 16–2005(1)(e). This Court exercises free review over the application and construction of statutes. State v. Reyes, 139 Idaho 502, 505, 80 P.3d 1103, 1106 (Ct.App.2003). The language of a statute is to be given its plain, obvious, and rational meaning. State v. Burnight, 132 Idaho 654, 659, 978 P.2d 214, 219 (1999). Where the language of a statute is plain and unambiguous, this Court must give effect to the statute as written, without engaging in statutory construction. State v. Rhode, 133 Idaho...
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