State, Dep't of Health & Welfare v. Doe (In re Doe)

• Decision Date: 01 February 2023
• Docket Number: 50054
• Parties: In the Interest of: John Doe I and Jane Doe I, Children Under Eighteen (18) Years of Age. v. JOHN DOE (2022-40), Respondent-Appellant. STATE OF IDAHO, DEPARTMENT OF HEALTH AND WELFARE, Petitioner-Respondent,
• Court: Idaho Court of Appeals

In the Interest of: John Doe I and Jane Doe I, Children Under Eighteen (18) Years of Age.

STATE OF IDAHO, DEPARTMENT OF HEALTH AND WELFARE, Petitioner-Respondent,
v.
JOHN DOE (2022-40), Respondent-Appellant.

No. 50054

Court of Appeals of Idaho

February 1, 2023

UNPUBLISHED OPINION

Appeal from the Magistrate Division of the District Court of the Sixth Judicial District, State of Idaho, Bannock County. Hon. Anson L. Call, II, Magistrate.

Judgment terminating parental rights, affirmed.

David R. Martinez, Chief Bannock County Public Defender; Kent V. Reynolds, Assistant Chief Deputy Public Defender, Pocatello, for appellant.

Hon. Raúl R. Labrador, Attorney General; Jason R. Chandler, Deputy Attorney General, Boise, for respondent.

BRAILSFORD, JUDGE

John Doe (Father) appeals from the magistrate court's judgment terminating his parental rights to his two minor children. Father argues the court erred by concluding that he abandoned the children; he neglected the children; and he is and will continue to be unable to discharge his parental responsibilities; terminating his parental rights is in the children's best interests; and the Idaho Department of Health and Welfare (Department) met the requirements of the Indian Child Welfare Act (ICWA) 25 U.S.C. §§ 1901-1963. We affirm.

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I.

FACTUAL AND PROCEDURAL BACKGROUND

In April 2021, the Department petitioned under the Child Protective Act (CPA), Idaho Code §§ 16-1601-1647, for legal custody of the children. In its petition, the Department alleged that Father committed acts of domestic violence against the children's mother^[1] in their presence and had physically abused one of the children. Additionally, the Department alleged a third child^[2]tested positive for methamphetamine and amphetamines at birth. Based on these allegations, the Department moved to remove the children from the home, and the magistrate court granted the motion. The court also entered an order appointing a guardian ad litem for the children.

In May 2021, the magistrate court held an adjudicatory hearing, concluded it had jurisdiction over the children under the CPA due to the lack of a stable home environment, and awarded the Department legal custody of the children. In June 2021, the court approved a case plan identifying reunification as the primary permanency goal and tasks for Father to complete. These tasks included completing a substance abuse assessment and following any treatment recommendations, submitting to random drug testing, complying with "the current No-Contact Order and Civil Protection Order," completing domestic violence and anger management treatment, resolving legal issues, maintaining stable employment, and obtaining stable housing.

Further, the magistrate court's case plan order stated the children were Indian children^[3] of the Shoshone Bannock Tribes (Tribes), implicating the ICWA; the children's foster placement did not comply with the ICWA; but the parties agreed to the placement. In August 2021, the Department changed the children's foster placement to a placement with their maternal aunt. Following the first six-month review hearing, the court entered an order indicating that the

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children's new foster placement complied with the ICWA placement preferences and that the Tribes had received service of process in the case.

In March 2022, the Department moved for an order approving an adoptive placement for the children with their maternal aunt, and the magistrate court granted the order. In April 2022, the court held an annual permanency hearing and amended the permanency goal to termination of parental rights and adoption. In May 2022, the Department petitioned to terminate Father's parental rights, and the court scheduled a termination hearing for August 19, 2022.^[4]

At the termination hearing, the Department presented the testimony of a Department caseworker, an ICWA expert, and the children's guardian ad litem. As it relates to this appeal, the guardian ad litem testified that, after his appointment, he filed a petition on the children's behalf in a separate civil action for a protection order against Father based on his alleged physical abuse of one of the children, obtained such an order, and had the order extended twice. During the termination hearing, the Department admitted into evidence the original April 2021 protection order and a subsequent, extended order, which is effective until May 2023.

Additionally, the magistrate court took judicial notice of a criminal case against Father involving his conduct that gave rise to the Department's petition under the CPA to obtain legal custody of the children. Specifically, the court took notice of the fact that Father pled guilty to domestic battery in the presence of a child; in September 2021, a probation violation was filed in the case and an arrest warrant issued for Father's arrest; Father was arrested in July 2022; he admitted violating his probation; and the sentencing court imposed his underlying sentence.

Following the termination trial, the magistrate court entered written findings of fact and conclusions of law. The court concluded that Father abandoned the children by "failing to maintain a normal parental relationship with the [children]"; "Father neglected the [children] by failing to provide proper parental care and control or subsistence"; Father "demonstrated an inability to discharge parental responsibilities and such inability will continue for a prolonged indeterminate period"; and terminating Father's parental rights is in the children's best interests.

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The magistrate court also concluded the Department met the ICWA requirements for terminating parental rights. Specifically, the court concluded that "the Department made active efforts throughout...