IN RE DOE

No. 31563.

130 P.3d 1132 (2006)

142 Idaho 594

In the Interest of Jane DOE, a Child Under Eighteen Years of Age. State of Idaho, Department of Health and Welfare, Human Services Division, Petitioner-Respondent-Respondent on Appeal, v. Jane Roe, Respondent-Appellant-Respondent on Appeal, and Jane Doe, a child under eighteen years of age, Party in Interest-Appellant on Appeal.

Supreme Court of Idaho, Boise, January 2006 Term.

February 27, 2006.


Attorney(s) appearing for the Case

Dial, May & Rammell, Chtd., Pocatello, for appellant. Aaron N. Thompson argued.

Honorable Lawrence G. Wasden, Attorney General, Boise, for respondent State of Idaho. James P. Price argued.

John C. Souza, Pocatello, for respondent Roe. John C. Souza argued.


JONES, Justice.

I.

The Idaho Department of Health and Welfare (the Department) filed a petition to terminate Jane Roe's parental rights. The Department's only witness, a licensed social worker and Department employee, testified that it was not in the best interests of Roe or of the child, Jane Doe, to terminate the relationship. However, the magistrate judge granted the petition, finding that termination was in the best interests of both Doe and Roe. Roe...

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