In re C.J.M.
365 Mont. 298
| Mont. | 2012Background
- DPHHS became involved in 2009 due to concerns about the children's welfare; they were adjudicated Youths in Need of Care on August 14, 2009.
- Mother’s parental rights were terminated on February 18, 2011 and Mother is not part of this appeal.
- Father moved to Washington in May 2009; a treatment plan was developed and approved, requiring counseling, training, visits, employment, and housing.
- A May 2010 home study in Washington found the home unsuitable and noted Father had not completed the Plan beyond a parenting class and phone visitation.
- August 2010 Father moved to Kalispell, Montana; Father had no stable housing or full-time employment; progress on the Plan remained minimal.
- Phase II of the Plan began November 23, 2010; A.J.M. moved to a therapeutic foster home and C.J.M. to Shodair due to high needs; Father’s visitation deteriorated.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the treatment plans were appropriate and reunification efforts were reasonable | Father contends plans were flawed due to lack of assessment of his needs. | Father stipulates to plans via counsel and did not object or request evaluations, waiving challenge. | Yes; plans were appropriate and efforts reasonable. |
| Whether Father’s likelihood to change within a reasonable time was shown by clear and convincing evidence | Record shows minimal progress and non-compliance; need for permanence. | Father argues need for more time; seeks less than clear and convincing standard. | Yes; evidence supports unlikely to change within reasonable time. |
Key Cases Cited
- In the Matter of A.H.D., 178 P.3d 131 (Mont. 2008) (abuse of discretion standard for termination of parental rights)
- In the Matter of J.C., 343 Mont. 30 (Mont. 2008) (clear error review of facts in termination cases)
- In the Matter of D.H., 33 P.3d 616 (Mont. 2001) (consider past and present conduct when assessing likelihood of change)
- In the Matter of E.K., 37 P.3d 690 (Mont. 2001) (emphasizes child-focused best interests and evidence standards)
- In the Matter of A.F.-C., 37 P.3d 724 (Mont. 2001) (treatment plan adequacy and parent representation considerations)