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STATE, DEPT. OF HEALTH & WELFARE v. DOE

No. 33731.

182 P.3d 1196 (2008)

In the Matter of the Termination of Parental Rights Regarding John Doe and Jane Doe I. STATE of Idaho, DEPARTMENT OF HEALTH & WELFARE, Petitioner-Respondent, v. Jane DOE, Respondent-Appellant.

Supreme Court of Idaho, Boise, February 2008 Term.

April 9, 2008.

Attorney(s) appearing for the Case

Benjamin P. Andersen, Deputy Public Defender, for appellant.

Hon. Lawrence G. Wasden, State Attorney General, for respondent.

John Elorrieta, Jerome, for Guardian ad Litem.

W. JONES, Justice.

FACTS AND PROCEDURAL BACKGROUND

The magistrate court, Honorable Howard Smyser presiding, terminated Jane Doe's parental rights in May 2006. The magistrate court found (1) that Jane Doe had neglected her children (C.H. and B.Y.) as defined in I.C. §§ 16-1602(25), -2002(3)(b) and (2) that termination of parental rights was in the best interest of the children. Jane Doe appealed the magistrate's findings as not supported by clear...

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