State, Department of Health & Welfare v. Doe

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 and convincing evidence as required by I.C. § 16-2009, and the district court, Honorable G. Richard Bevan presiding, affirmed the magistrate decision.…