IDHW v. John Doe
Annotate this CaseThe issue presented for the Idaho Supreme Court's review was one of first impression involving a magistrate court’s custody determination of an eight-year-old developmentally delayed and hearing-impaired child (Child) who was removed from his father’s (Father) care by law enforcement on an emergency basis. Child was found home alone by representatives of the Idaho Department of Health and Welfare (IDHW or the Department). After a shelter care hearing, the magistrate court determined that there was reasonable cause to believe that Child fell within the jurisdiction of the CPA based on a lack of a stable home environment. Father objected to the magistrate court’s exercise of jurisdiction, arguing that because Father had been granted joint custody of Child with Child’s mother (Mother) by a California court, the UCCJEA applied, which required the magistrate court to consult with the California court that had previously entered the custody order before the magistrate court could proceed in Idaho. After contacting and communicating with the California judge’s representative, the magistrate court conducted an adjudicatory hearing, ultimately vesting custody of Child with the Department. Finding no reversible error in this judgment, the Supreme Court affirmed the magistrate court's decision.
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