Doe v. Idaho Department of Health & Welfare

W. JONES, Justice.

I. Nature of the Case

John and Jane Doe petitioned to adopt AH., 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 AH., 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 illegally shortened the time available to respond to the Department’s motion for summary judgment.

II. Factual and Procedural Background

Appellant…