Termination of the Parental Rights of John Doe

John Doe (plaintiff), a Mexican citizen and resident, married Jane Doe and conceived a child (Daughter). John was deported to Mexico before Daughter was born. John could not legally reenter the United States unless Jane petitioned on his behalf, which she did not do. John did not send financial support to Daughter. When Daughter was seven months old, she was taken into the protective custody of the Department of Health and Welfare (DHW). Jane was given a reunification plan to complete to regain custody. By his own initiative, John was regularly involved in the proceedings through the DHW caseworker. John stated he wanted to have custody of Daughter if Jane failed to complete her reunification plan. The caseworker instructed John to obtain a home study by the Desarrollo Integral de la Familia (DIF), the DHW’s Mexican equivalent. The DIF home-study report found that John was financially, emotionally, and physically fit to provide a suitable home for Daughter. DHW filed a petition to terminate John and Jane’s parental rights, alleging that Jane had failed to fulfill her case plan and that John had abandoned Daughter. DHW did not present the DIF home-study report at the termination hearing and failed to properly serve John with notice of the proceeding. The magistrate court terminated John and Jane’s parental rights. John successfully set aside the judgment on improper-service grounds. After a second trial, the magistrate upheld the termination, finding that John had abandoned Daughter by failing to contact or support her and that it would be in Daughter’s best interests to remain in Idaho with her foster family. John appealed.