Idaho Dept of Health & Welfare v. Jane (2012-05) Doe
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A mother appealed a magistrate court's order terminating her parental rights with respect to her youngest child. John Doe was born in September, 2011, and was declared to be in imminent danger two days after birth. John's mother, Jane Doe (Mother) had eight other children, all with her ex-husband (Father). One died shortly after birth, and the others are aged three to fifteen years old. Mother was not caring for any of these children when the Department of Health and Welfare (DHW) removed John from her care. In its Memorandum Decision and Order issued the same day, the court found by clear and convincing evidence that Mother "cannot parent this child now and that inability will continue indefinitely" and termination of her parental rights would be in the child's best interest. Mother's argument on appeal focused on whether the magistrate court properly weighed the evidence in making its best interest of the child determination. Upon review, the Supreme Court was satisfied that substantial evidence supported the magistrate court's findings, and accordingly held that the magistrate court did not err in determining that termination of Mother's parental rights was in John's best interest.
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