Dept. of Health & Welfare v. Jane Doe (2016-32)

Jane Doe (Mother) appeals the Bonneville County magistrate court’s termination of her parental rights to her two minor children, K.J.M. and K.M.M. (Children). The Idaho Department of Health and Welfare (IDHW) became involved in this case in November 2012, when it learned Mother and her boyfriend, who was also K.J.M.’s father, were blowing marijuana smoke in K.R.C.’s and K.J.M.’s faces. IDHW visited Mother’s home and noted it was "filthy with pills and drug paraphernalia scattered throughout the home[.]" Further investigation revealed that Mother’s boyfriend was physically abusing Mother. Mother’s boyfriend was arrested for felony strangulation of Mother. Apparently, Mother dropped the charges "due to him being the sole caretaker of the children and needing his help . . . ." In addition, Mother’s boyfriend was physically abusing K.R.C. and K.J.M. Mother reported she had witnessed her boyfriend "shake 4 month old [K.J.M.] . . . and hit[] 1 year old [K.R.C.], leaving bruises on her legs and bottom." Even so, Mother routinely placed them in the care of her boyfriend while she went to work, not "fully comprehend[ing] the danger she [was] placing her children in . . . ." IDHW petitioned to terminate Mother's parental rights to the children in late 2015. After an eight-day trial where over forty witnesses testified and close to 200 exhibits were admitted, the magistrate found termination appropriate on several bases, and entered a judgment of termination. Mother appeals, challenging the sufficiency of the evidence. Finding no reversible error, the Supreme Court affirmed. View "Dept. of Health & Welfare v. Jane Doe (2016-32)" on Justia Law