In re D.B.J.
286 P.3d 1201
Mont.2012Background
- C.R., guardian and step-grandfather, appeals termination of guardianship of D.B.J.; the district court affirmatively terminated guardianship under best interests standard.
- D.B.J. was born April 25, 2003; guardians were appointed in 2004 (maternal grandmother D.R. and C.R.); parents were in prison for drug charges; no durational limits on guardianships.
- April 2010: DPHHS removed D.B.J. from the guardians’ home after reports of fear of C.R.; petitions filed for Emergency Protective Services, YINC, and TLC.
- May 18, 2010 show cause hearing restricted guardians from cross-examining or presenting witnesses; Mother stipulated to TLC and EPP, but hearing largely focused on fear and potential abuse by C.R.
- July 6, 2010 hearing adjudicated D.B.J. YINC and TLC to DPHHS; October 2010-C.R. psychotic episode; psychologist Dr. Dey found C.R. a poor caregiver;
- June 28, 2011 petition to terminate guardianship; Sept. 13, 2011 guardian terminated under best interests standard §72-5-234, MCA; appeal affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether C.R. received due process despite initial exclusion | C.R. had essential guardianship rights and was improperly excluded | Procedural protections were adequate; later hearings remedied any gap | No due process violation; fair opportunity to be heard existed. |
| Whether the 20-day show cause timeline was satisfied | Hearing within 20 days of petition filing not met | Court conducted initial hearing within 19 days; statute allows further hearings later | District Court complied with § 41-3-432(1)(l)(a). |
| Whether termination of guardianship used best interests standard properly | § 72-5-234 requires guardian removal under best interests | Best interests standard appropriate for guardians removal; statutory framework differs from parent termination | Yes; guardian terminated under §72-5-234, MCA. |
Key Cases Cited
- In re Guardianship of D.T.N., 275 Mont. 480 (Mont. 1996) (guardianship removal not substitute for termination; distinct proceedings)
- In re Custody & Parental Rights of M.W., 305 Mont. 80 (Mont. 2001) (pre-termination permanency plan hearings have lesser process rights)
- In re Guardianship of J.R.G., 218 Mont. 336 (Mont. 1985) (best interests/guardian removal standard distinct from parent termination)
- In re Guardianship of D.T.N., 914 P.2d 579 (Mont. 1996) (guardianship removal procedures and standards)