Termination Of Parental Rights Of John Doe

281 P.3d 95 (2012)

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Nature of the Case

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Facts

F entered the United States illegally in 2003. In mid-2007, he married Jane Doe (M) in Payette, Idaho. After they were married, F was arrested in Ontario, Oregon, when he attempted to open a bank account with a false social security number. He served three months in jail and voluntarily leave the United States and did so, returning to his parents' home in Salamanca, Guanajuato, Mexico. M also went to Mexico, but she returned to the United States after she became pregnant. Their daughter was born in the United States in November 2008. M also had an older son from a prior relationship. F reentered the United States illegally in an attempt to be with his wife and Daughter, but he was caught in Arizona and returned to Mexico. M was living in Middleton, Idaho, with her boyfriend, who had a son who was about seven years old. The seven-year-old was injured, and medical personnel notified law enforcement. M's son had struck her boyfriend's son several times with a hairbrush. The daughter and the boyfriend's son were taken into custody by law enforcement, and on the same day, the county prosecuting attorney filed a petition under the Child Protective Act with respect to those children. The petition alleged that the name of Daughter's father was unknown and that he was in Mexico at an unknown address. There was reasonable cause to believe that Daughter and boyfriend's son were abused and neglected and were therefore within the purview of the Child Protective Act. The children were then ordered to remain in the custody of the Department of Health and Welfare until the adjudicatory hearing. Pursuant to that stipulation, on June 3, 2009, the court entered a decree of protective supervision ordering that Daughter would be in the custody of the Department of Health and Welfare for an indeterminate period not to exceed her eighteenth birthday. F spoke by telephone from Mexico with the Department's caseworker assigned to this case. He told her that he would like to be involved in Daughter's life and to be reunited with M and her son. He also said he would like M to begin the process that would allow him to come into the United States lawfully. F had numerous conversations with the caseworker over the next months and years. On July 27, 2010, the prosecuting attorney filed a petition seeking to terminate F's and M's parental rights in Daughter. The Mexican consulate emailed a report to the caseworker. The report stated that F was financially, emotionally, physically, and mentally able to provide for Daughter, that his home would be a suitable placement for Daughter, and that DIF would provide services to F if Daughter were placed with him. M and F’s parental rights were terminated. F appealed.