Legal Opinion · Concurrence

In Interest of Brown

Idaho Court of Appeals

Decided April 16, 1987No. 16661Published

1Concurrence

BURNETT, Judge,

specially concurring.

Upon the record presented to us, I concur in upholding the magistrate’s decree. However, I believe more should be said about the application of our termination statutes to parents who suffer mental disorders. My framework for discussion is the public policy expressed in I.C. § 16-2001, that “wherever possible family life should be strengthened and preserved.” These words are not merely aspirational. They play an important role in the decision to terminate a parent-child relationship.

A termination decree may not issue unless the magistrate finds that a…

2Cases cited4 opinions

  1. Santosky v. KramerSupreme Court of the United States · 1982
  2. In re Sheila G.New York Court of Appeals · 1984
  3. Hofmeister v. BauerIdaho Court of Appeals · 1986
  4. In re L. ChildrenNew York City Family Court · 1986

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