In the Matter of the Termination of the Parental Rights of Doe, Docket No. 29781 (Idaho 3/29/2004)
| Decision Date | 29 March 2004 |
| Docket Number | Docket No. 29788.,Docket No. 29781.,Docket No. 30010. |
| Parties | IN THE MATTER OF THE TERMINATION OF THE PARENTAL RIGHTS OF JANE DOE AND JOHN DOE RE: BABY BOY DOE, A MINOR CHILD. ROE FAMILY SERVICES, Plaintiff-Appellant, v. JOHN DOE, Defendant-Respondent, and JOHN AND JANE ROE, husband and wife, Intervenors-Appellants. IN THE MATTER OF THE TERMINATION OF THE PARENTAL RIGHTS OF JANE DOE AND JOHN DOE RE: BABY BOY DOE, A MINOR CHILD. JANE DOE, Plaintiff-Appellant, v. JOHN DOE, Defendant-Respondent. IN THE MATTER OF THE TERMINATION OF THE PARENTAL RIGHTS OF JANE DOE AND JOHN DOE RE: BABY BOY DOE, A MINOR CHILD. ROE FAMILY SERVICES and JANE DOE, Plaintiffs, v. JOHN DOE, Defendant-Respondent, and JOHN ROE and JANE ROE, Intervenors-Appellants. |
| Court | United States State Supreme Court of Idaho |
Appeals from the District Court of the Sixth Judicial District of the State of Idaho, Bannock County. Hon. Peter D. McDermott, District Judge. Hon. Ronald M. Hart, Magistrate Judge.
The decision of the magistrate judge terminating parental rights is: Reversed and remanded.
Holden, Kidwell, Hahn & Crapo, Idaho Falls; Dial, May & Ramrell, Chtd., Pocatello, for appellant Roe Family Services. Dale W. Storer argued.
Cooper & Larsen, Pocatello, for appellant Jane Doe. Reed W. Larsen argued.
Woolf, Combo & Thompson, Idaho Falls, for respondent John Doe. William P. Combo argued.
Racine, Olson, Nye, Budge & Bailey, Chtd., Pocatello, for appellants John Roe and Jane Roe. Mitchell W. Brown argued.
This case involves an appeal from a district court order reversing a decree of parental termination issued by a magistrate judge. The magistrate judge's decree of termination terminated the natural father, John Doe's (the Father), parental rights to Baby Boy Doe and granted custody to the proposed adoptive parents John and Jane Roe (the Roes). The Appellants in this case are Roe Family Services (RFS), Baby Boy Doe's natural mother, Jane Doe (the Mother), and the Roes. The Father is the Respondent.
On December 7, 2001, the Mother informed the Father, that she was pregnant with his child. At the time, the Mother lived in Pocatello and the Father lived in Idaho Falls. They were not married, but the couple had been involved in a sexual relationship for over three years. After finding out about the pregnancy, the Father did not ask the Mother to marry him, but did ask her to move in with him. The Mother declined his offer.
Although the Father was employed during the pregnancy, he did not pay any medical expenses during the pregnancy, claiming that RFS had agreed to cover them. Prior to the birth, the Father's insurance carrier informed him that since he and the Mother were not married, he had no legal obligation to provide coverage and coverage was therefore not available until after the baby's birth. The Father did provide a baby carrier, stroller, clothes, and other items prior to the baby's birth.
The Mother sought counseling from RFS during her pregnancy and became a client of the organization after filling out a services application. The Father never filled out a services application and, according to RFS, the organization never considered the Father a client and did not advise him of the steps necessary to protect his parental rights. RFS claims it only discussed family histories, reviewed adoptive family profiles, and informed the Father that he would have to appear in court to consent to the adoption. RFS further claims it told the Father that RFS could not give legal advice.
During the pregnancy, the Father and Mother continued to see each other on weekends and discussed whether to put the child up for adoption. After vacillating back and forth, late in the pregnancy the Mother decided to place Baby Boy Doe for adoption. According to the Mother, as her due date approached, the Father pressured her to keep the
baby and she became more and more undecided. According to the Father, he also vacillated between adoption and keeping the baby. He went to RFS at the Mother's request and participated in the selection of adoptive parents, but by June 2002 he decided he wanted to parent the baby.
The Father and Mother were in agreement they would keep the baby when Baby Boy Doe was born July 31, 2002 and the Mother notified RFS of their decision. On August 2, 2002, while still at the hospital, the Father and Mother both filled out an Acknowledgment of Paternity Application that requested the Father's name be recorded as the father of Baby Boy Doe on the birth certificate and stated that the Father would have the rights and responsibilities of a father. The Bureau of Vital Records and Health Statistics (Bureau) issued the birth certificate on September 9, 2002, listing the Father as Baby Boy Doe's natural father. RFS was aware that the Father had filled out the Paternity Acknowledgement.
The Father and Mother spent time together with the baby between August 2 and August 9, 2002. However, on August 8, 2002, the Mother called RFS and advised she did in fact want to place the baby for adoption. RFS advised the Mother that it was her decision whether to tell the Father of the adoption. On the same day, the Mother told the Father of her decision. The Father opposed the adoption and called an attorney for an appointment for August 12, 2002, to discuss retaining his parental rights. The Father also repeatedly called RFS stating his girlfriend was giving away his baby and he wanted to know his rights. On August 11, 2002, the Mother visited the Father and his parents, but did not tell them she intended to proceed with the adoption.
RFS filed a Petition for Termination of Parental Rights and Temporary Custody and Guardianship on August 13, 2002, in magistrate court. The Mother appeared before the magistrate judge and signed a consent to termination of parental rights and waiver of hearing. At this time, the Mother testified the Father did not know she was proceeding with the adoption and that he was opposed to placing the baby. The Father received no notice of the August 13, 2002, hearing. The magistrate judge granted the petition and terminated the parental rights of the Mother based on consent. The magistrate judge then terminated the Father's parental rights based on his failure to file and register his notice of commencement of paternity proceedings as required by I.C. § 16-1513. The magistrate judge granted RFS
custody and appointed RFS guardian for the purpose of adoption. RFS placed Baby Boy Doe with the Roes the same day.
The Mother called the Father on August 13, 2002, after the hearing to tell him she had given his baby up for adoption. The Father responded by calling his attorney and, on August 14, 2002, the Father prepared a Registration of Notice of Commencement of Paternity Proceedings. There is no evidence to show when the Bureau received this information. The Father's attorney referred him to another attorney, who then referred him to a third attorney. This attorney, the attorney of record in this case, filed a separate paternity action on September 9, 2002, and moved to set aside the August 13, 2002, termination decree.
On October 8, 2002, the magistrate judge held a full evidentiary hearing and on December 10, 2002, the magistrate judge denied the Father's motion to set aside the termination decree and granted the Roes custody. The Father filed a notice of appeal in the district court December 16, 2002. The district judge heard oral arguments May 12, 2003, and orally reversed the magistrate judge and remanded the case. The district judge issued a brief written order May 21, 2003, reflecting the May 12, 2003, decision, and on June 18, 2003, the district judge issued a Memorandum Decision and Order regarding the termination of parental rights. RFS then filed a notice of appeal, appealing the decision of the district judge to this Court.
June 17, 2003, the Father filed a motion for visitation and the district judge granted the Father's motion, setting a 90 day supervised visitation schedule. (First Visitation Order). September 9, 2003, a show cause hearing was held in the district court, regarding the custody of Baby Boy Doe. The district judge then amended the First Visitation Order to grant the Father full custody on a graduated schedule beginning September 14, 2003, until December 10, 2003, when the Father would receive full custody. (Visitation Order). At this hearing, the Roes requested that the district judge give them a hearing on a motion to stay the Visitation Order under I.A.R. 13. The district judge indicated he would deny the stay. The Roes then made an oral motion to stay the proceedings, and the district judge denied the request. The Roes asked the district judge to consider evidence of the best interests of the child and the district judge refused. September 12, 2003, the Roes appealed the Visitation Order.
On advice from counsel, the Roes refused to comply with the Visitation Order on September 14, 2003, asserting that an automatic 14 day stay came into effect under I.A.R. 13(a) when they filed their notice of appeal. The next day, the Father filed a motion to enforce the Visitation Order and requested additional visitation. On September 17, 2003, the district judge entered an order directing the Custer County Sheriff to accompany the Father when he picked up the infant from the Roes the next day (Enforcement Order). The district judge also ordered the Roes' counsel to pay the fees incurred by the Father's counsel for preparing for the enforcement hearing since the Roes' counsel's refusal to comply with the Visitation Order necessitated the hearing.
RFS, the Mother, and the Roes appeal the district judge's order reversing and remanding the magistrate judge's termination decree and judgment. The Roes also appeal the district judge's denial of the Roes' motion to stay the Visitation Order and the...
To continue reading
Request your trial