DHW v. John Doe
Annotate this CaseFather John Doe appealed a magistrate court's judgment granting the Idaho Department of Health and Welfare’s (“the Department”) petition to terminate his parental rights to his son, A.V. The magistrate court concluded the Department proved by clear and convincing evidence that Father and Jane Doe (“Mother”) neglected A.V. and that termination was in A.V.’s best interests (Mother’s termination was the subject of a separate appeal (Dkt. No. 47190)). Father’s main argument on appeal was that the magistrate court erred in terminating his parental rights because it was not in A.V.’s best interests to be separated from his siblings. A.V., the child at issue in this case, went into foster care in November 2017, when he was approximately two-and-a-half years old. The child was malnourished; health care providers testified the child was four to six months developmentally delayed. November 2017 was his second trip to foster care; social workers found A.V. weighed less than he had in his first trip a year before, "the size and weight of a twelve-month-old." Father testified that he was aware that A.V. was malnourished and not developing as he should have been while he was in Father’s care, and that he did not obtain services to help A.V. with walking and talking. However, Father did not realize that A.V. had lost weight when he came back into their care. One Department social worker testified that Father feels that it is his responsibility to work and provide financially for the family, and it is Mother’s responsibility to ensure the children are getting their medical and emotional needs met and to feed and care for them during the day. She further testified that she had talked with Father about his observing A.V. being underweight or not gaining weight, and Father said that he told Mother she needed to take care of it. The Idaho Supreme Court determined the magistrate court did not err in concluding termination was in A.V.'s best interests, even though termination would result in A.V. being separated from his siblings. The Court determined it was not error for the magistrate court finding Father was also responsible for A.V.'s neglect. Accordingly, the magistrate court was affirmed.
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