In the Interest of Jane Doe II (under 18)

Both of ten-year-old Jane Doe II’s parents passed away in 2017. A family friend with whom Jane and her mother had been living (“Friend”) petitioned for guardianship of Jane. Jane’s father’s twin sister (“Aunt”) also petitioned for guardianship. During proceedings the magistrate court appointed a local attorney, Auriana Clapp-Younggren (“Clapp-Younggren”), to serve as both the attorney and the guardian ad litem for Jane. After trial the magistrate court followed Clapp-Younggren’s recommendation and awarded temporary guardianship to Friend so that Jane could finish the school year, but appointed Aunt as Jane’s permanent guardian. Friend appealed the magistrate court decision. The Idaho Supreme Court determined the magistrate court abused its discretion by failing to conduct a reasonable inquiry into whether Jane possessed sufficient maturity to direct her own attorney. The final decree appointing Aunt as Jane’s permanent guardian was vacated and the case was remanded so that the magistrate court can conduct a hearing to determine whether Jane possessed sufficient maturity to direct her own attorney prior to a new trial. View "In the Interest of Jane Doe II (under 18)" on Justia Law