Re: Termination of Parental Rights

This case concerned a Mother’s parental rights to her two children, M.S. and I.P. Jane Doe I and John Doe I (Respondents) were the paternal great-grandparents of M.S. and I.P. Respondents started caring for M.S. and I.P. in late 2010. At that time, Respondents witnessed Mother unable to hold steady employment and a permanent residence, which forced Mother to “leav[e] [M.S. and I.P.] with people all the time.” Additionally, Father (Respondents’ grandson) had recently moved out-of-state and largely severed contact with M.S. and I.P. Respondents became concerned about the well-being of M.S and I.P. Consequently, Respondents began hosting M.S. and I.P at their home, offered to let Mother move in with them, and regularly gave Mother money to buy groceries. For reasons unclear, the Idaho Department of Health and Welfare (IDHW) took M.S. and I.P. from Mother in January 2011 and placed M.S. and I.P. with Respondents. Respondents were awarded guardianship in April 2011 and have since cared full-time for M.S. and I.P. Mother was awarded supervised visitation in 2012, but after missing approximately 14 visits, Mother’s supervised visitation rights were terminated in 2014. A year later, her parental rights to the children were terminated. She appealed the termination, contending that the magistrate court erred in concluding she: (1) abandoned M.S. and I.P. by failing to maintain a normal parental relationship; and (2) neglected M.S. and I.P. by failing to provide proper parental care. Finding the decision was supported by clear and convincing evidence, the Supreme Court affirmed. View "Re: Termination of Parental Rights" on Justia Law