Latest 8 Cases This Week: In re D.P. (Cal. Ct. App.), Zhou v. Zhang (Conn.), Idaho Dept. of Health & Welfare v. Jane Doe (2019-27) (Idaho)

Dead Letter Office: What’s Left of the Impeachment Power After Trump’s Acquittal

DEAN FALVY

Dean Falvy, a lecturer at the University of Washington School of Law in Seattle, discusses what happens now, after Senate Republicans voted to acquit President Trump. Falvy predicts that (1) President Trump will be emboldened to commit further abuses of power, (2) future presidents will be less constrained by fear of impeachment, and (3) impeachment may become more routine as political practice and significantly less effective as a constitutional remedy.

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In re D.P.

Court: California Courts of Appeal

Docket: B295780(Second Appellate District)

Opinion Date: February 6, 2020

Judge: Egerton

Areas of Law: Family Law

After seven-year-old D.P. was removed from his mother's physical custody and returned home to father's custody, mother appealed the removal order under Welfare and Institutions Code section 361, subdivision (e). The Court of Appeal held that the juvenile court failed to state the facts supporting removal, and that there was a reasonable probability that the juvenile court would have adopted the alternative to removal specified in section 361, subdivision (c)(1)(A) had it considered the option. In regard to mother's challenge regarding the parts of the disposition order restricting her to monitored visitation and requiring her to participate in a full drug and alcohol treatment program, the court held that the juvenile court reasonably exercised its discretion to impose visitation restrictions and services. Accordingly, the court reversed the removal portion of the disposition order and affirmed in all other respects.

Zhou v. Zhang

Court: Connecticut Supreme Court

Docket: SC20146

Opinion Date: February 11, 2020

Judge: Richard N. Palmer

Areas of Law: Family Law

The Supreme Court affirmed the judgment of the trial court dissolving Plaintiff's marriage to Defendant, holding that the trial court did not err. After a dissolution trial, the trial court ordered Defendant to pay alimony to Plaintiff in the amount of $350,000 per year and awarded Plaintiff $1,326,849, which represented one-third of the parties' aggregate net worth. The Supreme Court affirmed, holding that the trial court (1) correctly concluded that the parties’ purported agreement to revoke the postnuptial agreement was unenforceable and that the parties' postnuptial agreement was enforceable; and (2) correctly awarded the parties joint legal and physical custody of their minor children with the defendant having final decision-making authority.

Idaho Dept. of Health & Welfare v. Jane Doe (2019-27)

Court: Idaho Supreme Court - Civil

Docket: 47415

Opinion Date: February 4, 2020

Judge: Bevan

Areas of Law: Family Law, Government & Administrative Law

In an expedited appeal to the Idaho Supreme Court, a magistrate court terminated Jane Doe’s (“Mother”) parental rights after finding clear and convincing evidence that Mother neglected her children, K.M. and R.M., and that termination was in the best interests of the children. Mother did not appeal the magistrate’s finding that she neglected her children. She only appealed the magistrate court’s finding that termination was in the best interests of the children. The magistrate court found Mother’s testimony lacked credibility and relied on other witnesses to find that Mother had neglected her children under Idaho Code section 16-2005(1)(b) because Mother had failed to reunify with her children and had failed to comply with her case plan. According to Mother, termination was not in the best interests of her children because Mother had a close bond with her children, K.M. was not responding well to foster care, there was no evidence of violence between Mother and her children, and Mother tried to the best of her ability to comply with her case plan. The Supreme Court found substantial evidence supported the magistrate court's finding that termination was in the children's best interests, and affirmed.

Idaho Dept. of Health & Welfare v. Jane Doe (2019-32)

Court: Idaho Supreme Court - Civil

Docket: 47466

Opinion Date: January 31, 2020

Judge: Brody

Areas of Law: Family Law, Government & Administrative Law

Mother Jane Doe appealed a magistrate court’s s decree terminating her parental rights. Both Mother and her child (Child) tested positive for methamphetamine when he was born. Law enforcement declared that Child was in imminent danger, and the Idaho Department of Health and Welfare (IDHW or Department) assumed temporary custody. A case plan for reunification was adopted, focusing on Mother’s substance abuse and mental health issues, and on obtaining safe and stable housing. Mother made no progress on her case plan, and was subsequently incarcerated. IDHW petitioned to terminate Mother’s paternal rights. After a termination hearing in September 2019, where Mother argued that her recent sobriety and improved lifestyle justified the denial of the Department’s petition, the magistrate court entered a decree terminating Mother’s parental rights based on Mother’s neglect and the best interests of the child. After review, the Idaho Supreme Court found no abuse of discretion, and affirmed the magistrate court’s decree.

S.H. v. D.W.

Court: Supreme Court of Indiana

Docket: 19S-PO-118

Opinion Date: January 31, 2020

Judge: Slaughter

Areas of Law: Family Law

The Supreme Court reversed the judgment of the trial court entering a second two-year protective order against Respondent, holding that there was insufficient evidence showing that Respondent presented a present, credible threat to Petitioner's safety in order to support the protective order. In 2016, Petitioner filed a petition seeking a protective order against Respondent. The trial court entered a two-year protective order against Respondent. In 2018, just days before the 2016 protective order was set to expire, Petitioner petitioned for another protective order against Respondent. After a hearing, the trial court issued another two-year protective order. The Supreme Court reversed, holding that there was insufficient evidence that Respondent posed a present, credible threat to Petitioner to justify the 2018 protective order.

In re Interest of B.H.A.

Court: Iowa Supreme Court

Docket: 18-0813

Opinion Date: January 31, 2020

Judge: Christensen

Areas of Law: Family Law, Juvenile Law

The Supreme Court vacated the decision of the court of appeals affirming the determination of the juvenile court that termination of Father's parental rights was not in the child's best interest, holding that Iowa Code chapter 600A's best interest factors weigh in favor of terminating Father's parental rights. Mother petitioned for the termination of Father's parental rights due to abandonment under section 600A.8(3)(b). The juvenile court found that Father statutorily abandoned the child but denied Mother's petition based on its determination that termination was not in the child's best interest. The court of appeals affirmed. The Supreme Court vacated the court of appeals' decision and reversed the judgment of the district court, holding that the juvenile court erred in concluding that termination of Father's parental rights was not proper under chapter 600A.

White v. White

Court: Nebraska Supreme Court

Citation: 304 Neb. 945

Opinion Date: January 31, 2020

Judge: William B. Cassel

Areas of Law: Family Law

The Supreme Court modified a decree dissolving Timothy White's marriage to Ann White, holding that Tim established that part of an investment account was nonmarital, and therefore, that account was not properly classified as marital property. The main issue in this appeal was whether the growth in value of one investment account, which was derived from a nonmarital source, was properly classified as marital property. The Supreme Court affirmed the decree as modified, holding (1) Tim failed to meet his burden to prove that the growth was not due to the active efforts of either spouse; (2) the district court erred in classifying certain holdings in another investment account as marital property; and (3) there was no abuse of discretion regarding the court's division of a tax liability, order fo an equalization payment, and valuation date of the marital assets and liabilities of the parties.

In re G.J.P.

Court: Utah Supreme Court

Citation: 2020 UT 4

Opinion Date: February 5, 2020

Judge: Pearce

Areas of Law: Family Law

The Supreme Court granted the Office of Public Guardian's (OPG) petition for extraordinary relief after the juvenile court appointed OPG as guardian ad litem for Mother in a parental rights proceeding, holding that the juvenile court went beyond the bounds of its discretion by appointing OPG in this matter. Before appointing OPG as Mother's guardian ad litem, the juvenile court noted that, under its reading of the Utah Code, OPG could petition or agree to represent Mother in termination proceedings. The juvenile court then ordered OPG to "represent" mother in the proceedings. OPG petitioned for extraordinary relief. The Supreme Court granted relief, holding (1) OPG can seek extraordinary relief because it lacked a plain, speedy, and adequate remedy to address its appointment; (2) the juvenile court has inherent authority to appoint a guardian ad litem for an adult; but (3) the juvenile court exceeded its discretion by appointing the OPG as guardian ad litem in this case.