Idaho Department of Health & Welfare v. Jane (-16 2011) Doe, 152 Idaho 263

Summary

The Idaho Supreme Court affirmed the termination of Jane Doe's parental rights to her son. The court held that Doe waived challenges to the statutory grounds for termination and concluded that substantial and competent evidence supported the finding that termination was in the child's best interests. The court awarded costs to the Idaho Department of Health and Welfare.

Holdings

1. Mother waived any challenge to the findings that she neglected the child and was unable to discharge her parental responsibilities because she did not contest those findings with argument and authority in her opening brief.
2. Substantial and competent evidence supported the magistrate court's determination that termination of Mother's parental rights was in the child's best interests.

Questions Presented

1. Whether Mother waived any challenge to the statutory grounds for termination under Idaho Code § 16-2005(1)(b) and (d) by failing to support those issues with argument and authority in her opening brief.
2. Whether substantial and competent evidence supported the magistrate court's determination that termination of Mother's parental rights was in the child's best interests.

Disposition

affirmed