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DOE v. IDAHO DEPT. OF HEALTH & WELFARE

No. 37936.

248 P.3d 742 (2011)

In re the Adoption Of John Doe. John (2010-20) DOE I and Jane Doe, Petitioners-Appellants, v. IDAHO DEPARTMENT OF HEALTH & WELFARE, Respondent-Respondent on Appeal.

Supreme Court of Idaho, Boise, December 2010 Term.

February 3, 2011.

Attorney(s) appearing for the Case

Merrilee A. Parr , Coeur d'Alene, for appellant.

Hon. Lawrence Wasden , Idaho Attorney General, Boise, for respondent.

W. JONES, Justice.

I. NATURE OF THE CASE

John and Jane Doe petitioned to adopt A.H., who is Jane Doe's grandson. The magistrate dismissed the adoption petition and granted summary judgment to the Idaho Department of Health and Welfare, which has legal custody of A.H., because the Department refused to consent to the adoption. The Does argue on appeal that the merits of their adoption petition create a genuine issue of material fact and that the magistrate...

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