In re B.W.S., 2014 MT 198

DPHHS filed a petition for emergency protective services and temporary investigative authority in February 2012 alleging abuse and neglect of B.W.S. by Mother.
Court appointed CASA/GAL and counsel for CASA/GAL, Mother, and B.W.S.; Olson assigned as counsel for CASA/GAL.
Adjudicatory hearing held June 20, 2012; court adjudicated B.W.S. as a youth in need of care and granted temporary legal custody to DPHHS.
Dispositional hearing held September 6, 2012; court acknowledged not holding dispositional review within twenty days and issued a treatment plan with six-month extension of temporary legal custody.
Olson left the court, presiding over later hearings; Mother’s petition for permanent legal custody and termination of parental rights was filed March 5, 2013; termination hearing occurred September 25, 2013; order terminating parental rights entered November 8, 2013, with DPHHS granted permanent legal custody.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether deadlines deprived subject matter jurisdiction	Mother asserts missed deadlines divested jurisdiction.	District Court had constitutional jurisdiction despite delays.	Deadlines did not affect subject matter jurisdiction.
Whether Judge Olson must disqualify himself	Judge Olson should have recused due to prior representation of CASA/GAL.	State concedes recusal was appropriate; no further argument from district.	Judge Olson was required to disqualify.

In re J.W., 371 P.3d 274 (Mont. 2013) (fundamental fairness in termination proceedings)
In re A.D.B., 305 P.3d 739 (Mont. 2013) (district court jurisdiction notwithstanding procedural errors)
BNSF Ry. Co. v. Cringle, 247 P.3d 706 (Mont. 2010) (subject matter jurisdiction and procedural timelines)
Reichert v. State, 278 P.3d 455 (Mont. 2012) (recusal and judge disqualification standards)
Lorang v. Fortis Ins. Co., 345 Mont. 12 (Mont. 2008) (definition of subject matter jurisdiction; constitutional authority)