Friday, January 27, 2006

Case Law Development: Prenatal Drug Exposure by Father Basis for Terminating Parental Rights

The Idaho Supreme Court affirmed termination of a father's parental rights based on abandonment in a case in which Father, a "chronic methamphetamine addict" had "endangered his unborn child by encouraging Baby Doe's mother to use drugs with [him] up to one month before his daughter's birth."  The magistrate concluded that these actions "showed no regard whatsoever for the health and well-being of his unborn daughter" and the Supreme Court agreed.  Despite Father's declaration that having a child had changed his life and he vowed to get straight and that the court could not conclude he had abandoned a child before he had even had a chance to parent the child, the court found that he failed to bond with their newborn in the three months of supervised visitation he was given immediately after the child's birth and up until he was incarcerated for drug violations and that it was in the child's best interest that Father's rights be terminated.

Casi Found., Inc. v. Doe (In re Doe), 2006 Ida. LEXIS 3 (January 24, 2006)
Opinion available on the web (last visited January 25, 2006 bgf)

http://lawprofessors.typepad.com/family_law/2006/01/case_law_develo_30.html

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