In Re IB, 2011 MT 82

Removed from parents' care on 2008-06-25 due to neglect of medical needs; I.B. was about five months old at removal.
Court adjudicated I.B. a youth in need of care and parents stipulated to treatment plans in July 2008.
Sun exposure incident on 2008-05-05 caused second-degree burns requiring hospitalization; doctors warned parents about care risks if instructions weren’t followed.
Department hired Family Concepts to provide in-home services, supervision, and parental coaching; concerns remained about feeding regimen and safety in home.
Parents enrolled I.B. in the Cherokee Nation in 2009; ICWA involvement and tribal intervention followed; termination proceeded after five days of hearings (2009–2010).
Court terminated B.K. and C.B.’s parental rights on 2010-07-21; extensive expert testimony supported unfitness and likelihood of harm if custody continued.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether there was substantial evidence to adjudicate I.B. as a youth in need of care	State argues evidence showed actual harm and substantial risk due to neglect	Parents contend evidence does not meet preponderance standard	Yes; substantial evidence supported adjudication
Whether termination of parental rights was an abuse of discretion	State asserts appropriate grounds exist and plan noncompliance shows unfitness	Parents contend potential for reform exists and preservation should be favored	No; termination upheld under statute and evidence of unfitness
Whether the Department made active efforts to prevent breakup of the Indian family	State asserts active efforts were made and were appropriate	Parents claim efforts were misdirected or insufficient to prevent breakup	Yes; Department made active efforts consistent with ICWA requirements
Whether the parents received effective assistance of counsel	State contends counsel adequately represented interests and raised ICWA issues	Parents argue counsel was ineffective for not presenting ICWA rebuttal expert	No; no ineffective assistance proven

In re B.M., 233 P.3d 338 (Mont. 2010) (abuse of discretion standard; appellate review of termination)
In re J.M., 218 P.3d 1213 (Mont. 2009) (ICWA termination standard; reasonable doubt standard applied)
In re G.S., 59 P.3d 1063 (Mont. 2002) (active efforts requirement under ICWA)
In re T.W.F., 210 P.3d 174 (Mont. 2009) (active efforts; reunification goal under ICWA)
In re L.H., 154 P.3d 622 (Mont. 2007) (treatment plan effectiveness; not just checklist compliance)
In re S.C., 869 P.2d 266 (Mont. 1994) (completing treatment plan requires more than itemized compliance)