Idaho Department of Health & Welfare v. Doe

EISMANN, Chief Justice.

This is an appeal from a judgment terminating parental rights. The Department of Health and Welfare had obtained in a prior action a final child support order stating that the appellant was the father of the child. The Department later brought this action to terminate his parental rights on the ground that he was not the father of the child without seeking to set aside the prior order. Because there was no statutory basis for terminating appellant’s parental rights, we reverse.

I. FACTS AND PROCEDURAL HISTORY

When Child was born, his Mother and John Doe were living…