Justia Family Law Opinion Summaries

Mother Jane Doe appealed a magistrate court’s judgment terminating her parental rights to her minor children. The judgment also terminated the parental rights of the children’s father, who appealed in a separate action. The children were placed in the custody of the Idaho Department of Health and Welfare (the “Department”) following a March 2016 petition under the Child Protection Act (“CPA”). After the filing of the petition, the parents stipulated to an unstable home environment. In June 2016, the magistrate court ordered the parents to follow case plans provided by the Department. Roughly eight months later, the State filed a motion to terminate both parents’ parental rights based on failure to comply with their case plans and prior neglect. After holding a trial, the magistrate court terminated both parents’ parental rights. Mother argued on appeal that the Department did not make adequate efforts to reunify the family and that the magistrate court erred by finding that the Department’s efforts were reasonable. Unpersuaded by Mother’s arguments, the Idaho Supreme Court affirmed termination. View "DHW v. Jane Doe" on Justia Law

Father John Doe appealed a magistrate court’s judgment terminating his parental rights to his minor children. The judgment also terminated the parental rights of the children’s mother (she appealed in a separate action). Prior to the termination, the children and parents were the subject of a Child Protection Act (“CPA”) proceeding for over two years. When the prosecutors first filed a petition under the CPA, the parents were listed with separate addresses, but were living together. However, the parents ended and rekindled their relationship at various times prior to and during the CPA proceeding. By the time of trial, Father and Mother were permanently separated. The Department became involved in early March 2016 after receiving reports of drug use and neglect involving the children. Prior to this, the Department had received referrals for the family on two occasions in 2013 and 2014. The Department’s investigation revealed that both children had been born premature, exposed to drugs in-utero, and tested positive for methamphetamine at birth. Based on these concerns, the Lincoln County Prosecutor’s Office filed a petition under the CPA in March 2016. In June 2016, the court ordered the parents to follow case plans provided by the Department. Eight months later, the State filed a motion to terminate the parental rights of both parents based on failure to comply with the case plan and on prior neglect. After holding a trial, the court terminated both parents’ parental rights. Father argued on appeal the magistrate court’s finding of neglect was not supported by substantial, competent evidence and that the court erred by not considering how Father’s periods of incarceration affected his ability to comply with the case plan. The Idaho Supreme Court was not persuaded by Father’s arguments and affirmed termination. View "DHW v. John Doe" on Justia Law

John Doe (“Father”) and Jane Doe (“Mother”) appealed a magistrate court's judgment terminating their parental rights to two children (“D.E.” and “T.E.”). The magistrate court terminated Mother and Father’s parental rights on the grounds of neglect and found that termination would be in the best interests of the children. Mother challenged the termination of her parental rights to both children, alleging the magistrate court’s decision was not supported by substantial and competent evidence and that her due process rights were violated when a microphone malfunctioned on days three and four of the termination hearing, resulting in no audio recording for those days. Father claimed the magistrate court erred in denying him a jury trial and in allowing admission of a police video over his objection, and that the magistrate court erred in finding that he failed to comply with his case plan and that the magistrate court’s decision to cease reasonable efforts and visitation was unreasonable. Finding that the magistrate court had substantial and competent evidence to terminate Mother's parental rights to the children, and that her due process rights were not violated when there were issues with the courtroom microphones during hearing days three and four, the Idaho Supreme Court affirmed as to the termination of Mother's rights. Similarly, the Court found substantial and competent evidence to support termination of Father's rights; the magistrate court's finding that Father failed to comply with the case plan was reflected in that evidence. The magistrate court’s decision to not reinstate reasonable efforts and allow visitation was supported by substantial and competent evidence. Therefore, the Supreme Court affirmed termination of Father's rights too. View "DHW v. Jane Doe & John Doe" on Justia Law

Jane Doe (Mother) appealed a magistrate court order terminating her parental rights to her child. The child was born with methamphetamine in her system and was declared in imminent danger, with the Idaho Department of Health and Welfare assuming temporary custody. The case plan entered into for parental reunification focused primarily on abstinence from controlled substances and drug treatment. But Mother struggled with beginning drug treatment and repeatedly relapsed into using methamphetamine. The Department petitioned that Mother’s parental rights be terminated. A three-day termination hearing was held and the magistrate court terminated Mother’s parental rights to Child after finding that she neglected the child and that termination was in the child’s best interest. Mother appealed, arguing that the magistrate court’s finding of neglect was not supported by substantial and competent evidence, and that the court erred in determining termination was in the child’s best interest. Finding no abuse of discretion or other reversible error, the Idaho Supreme Court affirmed. View "DHW v. Jane Doe" on Justia Law

This case began as a highly contentious divorce proceeding between vexatious litigant-appellant Ronald Van Hook and his then-wife Dawn Cannon, in which Van Hook lost custody of his children (hereinafter the Canyon County divorce case). Van Hook was represented by legal counsel only for portions of the divorce proceeding as each of his attorneys withdrew from the case. Following each attorney’s departure, Van Hook filed a new series of pro se motions and objections to the court, which were similar and repetitive. Van Hook filed numerous motions to amend the magistrate court’s temporary custody and visitation orders, disqualify the magistrate judge assigned to the case, change venue, and find Cannon in criminal contempt. He also filed multiple petitions for a writ of habeas corpus. His pro se motions and petitions were continuously denied and largely found to be frivolous. When Van Hook appealed the Canyon County divorce case, the district court found Van Hook’s motion to recuse the magistrate judge frivolous, and that his appeal was also without foundation. The issue this case presented for the Idaho Supreme Court's review arose from an administrative order declaring Van Hook a vexatious litigant under Idaho Court Administrative Rule 59. The Idaho Supreme Court determined Van Hook: met I.C.A.R. 59 (d)(1) because he commenced more than three pro se litigations that were adversely determined against him; met I.C.A.R. 59 (d)(2) because he repeatedly attempted to relitigate the final divorce and custody determinations by the magistrate court; and met I.C.A.R. 59 (d)(3) because he repeatedly filed frivolous motions and pleadings. Therefore, the Supreme Court affirmed the prefiling order declaring Van Hook a vexatious litigant. View "Order Re: Vexatious Litigant (Van Hook)" on Justia Law

Jane Doe (“Mother”) appealed a magistrate court’s termination of her parental rights to her minor children, Jane Doe II (“T.T.”) and John Doe II (“D.T.”). The magistrate court found: (1) Mother had neglected her children; (2) Mother had abandoned her children; and (3) termination of Mother’s parental rights was in the best interest of the children. Because each of these findings was supported by clear and convincing evidence, the trial court granted Guardians’ request for termination. The trial court entered a final judgment to that effect on May 11, 2018. The Idaho Supreme Court determined: (1) Mother waived the issues of neglect and abandonment on appeal for failing to support them with argument; and (2) the trial court’s determination that termination was in the children’s best interests is supported by substantial, competent evidence. View "John and Jane Doe I v. Jane Doe" on Justia Law

A mother placed her twelve-year-old son in the care of his grandparents on a full time basis in August 2017. Three months later the father petitioned the magistrate court to modify custody to grant him residential custody of his son. Although both Mother and Grandparents petitioned the court to give Grandparents residential custody, the magistrate court, during a hearing on father’s motion for temporary custody, determined that Grandparents did not have standing. Ruling from the bench, the magistrate court determined that Idaho Code section 32-717(3) on its face violated the father’s constitutional rights because it placed Grandparents on the same footing as parents. The magistrate court also reasoned that the more specific time requirements set forth in the De Facto Custodian Act, Idaho Code sections 32-1701–32- 1705 governed. On a motion for reconsideration, the magistrate court, pursuant to Hernandez v. Hernandez, 265 P.3d 495 (2011), decided that Grandparents likely could not meet the requirements of Idaho Code section 32- 717(3), reasoning that “[t]he court doubts that a short period of residence pursuant to an impermanent permission by one parent is a ‘stable relationship.’” Mother and Grandparents appealed the magistrate court’s decision to the Idaho Supreme Court, arguing the magistrate court’s decision was contrary to the Supreme Court’s decision in Hernandez. The Supreme Court agreed and vacated the magistrate’s order denying standing. The Court remanded with instructions to determine whether Child was living with Grandparents at the time they petitioned the court and whether a stable relationship existed between them. If yes, the Grandparents should be allowed to participate in the custody determination within the boundaries set forth in Hernandez. View "Overholser (Taylor) v. Overholser" on Justia Law

Jane Doe (Mother) appealed a magistrate court judgment terminating her parental rights to her three minor children: PG, KG, and BG. Near the end of February 2017, Mother, who was thirty-five weeks pregnant with BG, went into preterm labor while in jail. She was transported to a hospital but did not have the baby at that time. While at the hospital, she tested positive for methamphetamines. Around that time, KG was hospitalized to receive treatment for Respiratory Syncytial Virus (RSV). Because Mother appeared to be under the influence of drugs when she visited KG in the hospital, the doctor called Child Protective Services over concerns that Mother could not adequately care for her child. After an investigation, the State of Idaho filed a petition to remove PG and KG from their home and they were placed into emergency shelter care on March 1, 2017. The children were three years old and one year old, respectively. BG was then born and placed in emergency shelter care on March 29, 2017, after testing positive for three kinds of opiates. Because Mother continued to use drugs, have other criminal issues, and made only minimal progress on her case plan after eight months, the State filed a petition to terminate her parental rights on November 28, 2017. Mother argued the magistrate court abused its discretion in determining that she neglected her children and that it was in the children’s best interest to terminate the parent-child relationship. Although Mother did not describe how the magistrate court abused its discretion or recite the abuse of discretion standard in her brief, the Idaho Supreme Court took her argument to be that substantial and competent evidence did not support the magistrate court’s findings. To this end, the Supreme Court disagreed and affirmed termination of her parental rights. View "DHW v. Jane Doe" on Justia Law

At issue before the Idaho Supreme Court in this case was a magistrate court decision to deny a motion by Jane Doe (Mother), the biological mother of an adult, mentally-incapacitated child (Son) to set aside a decree of adoption declaring Jane Doe I (Step-Mother) to be a parent of Son. The decree was entered upon the joint petition for adoption filed by Son’s biological father (Father) and Step- Mother. Mother was not given notice of the proceedings. Upon learning of the adoption, she filed a motion to set aside the decree pursuant to Idaho Rule of Civil Procedure 60(b). Father and Step-Mother did not respond to Mother’s 60(b) motion, which the magistrate court denied. In this direct appeal to the Supreme Court, Mother argued the lower court erred in denying her motion because notice to Mother and her consent was required. The Supreme Court concurred with Mother's contention that notice and consent was required. The Supreme Court reversed the magistrate court's denial, vacated the decree of adoption, and remanded this matter for further proceedings. View "In the Matter of Adoption by Step-Parent" on Justia Law

Jane Doe (Doe) appealed a magistrate court order in which protective custody of Doe’s three nieces and three nephews was awarded to the Idaho Department of Health and Welfare (Department). Following an adjudicatory hearing, the magistrate court found the children fell within the jurisdiction of the Child Protective Act (CPA) based on neglect, homelessness, and an unstable home environment. Doe stipulated during the hearing that it was in the best interests of the children to vest their custody with the Department. Doe appealed, alleging that the judge erred in concluding the children were neglected and that the Department made reasonable efforts to prevent removal. Doe also contended her right to due process was violated because she was unable to conduct substantive discovery. Based on the reasons set out in this opinion, the Supreme Court concluded there was no justiciable controversy presented. As a result, the Court dismissed Doe’s appeal because the issues raised were moot. View "Idaho v. Jane Doe" on Justia Law