342 P.3d 35
Mont.2015Background
- L.M.F. (born 2008) and J.A.B. (born 2012) are children of Mother; Father is J.A.B.’s father and C.F. is L.M.F.’s birth father who is incarcerated and relinquished his rights.
- Department repeatedly found methamphetamine use and unsafe home environments in the family since L.M.F.’s removal in 2009, including drug activity in the home and supervising adults with felony records.
- L.M.F. was placed with her paternal grandparents for most of the past five years; Mountain Home program participation occurred; L.M.F. later transitioned back to Mother and Father who were pursuing treatment.
- J.A.B. was born during the proceedings and initially remained with Mother under supervision; later both children were in foster care after drug-use concerns resurfaced.
- In 2013–2014, the District Court terminated parental rights for L.M.F. due to Mother’s failure to fully comply with the treatment plan and unlikely improvement; and terminated both parents’ rights for J.A.B. due to aggravated circumstances or lack of reunification.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did the court abuse its discretion in terminating Mother’s rights to L.M.F. for not fully complying with her treatment plan? | Mother | Mother’s noncompliance supports termination | No abuse; termination affirmed |
| Did the court abuse its discretion by terminating Mother and Father’s rights to J.A.B. without reunification services due to aggravated circumstances? | Mother and Father | Aggravated circumstances warranted no reunification | No abuse; termination affirmed |
Key Cases Cited
- In re E.Z.C., 370 Mont. 116 (2013 MT) (termination standard; clear error review)
- In re A.D.B., 370 Mont. 422 (2013 MT) (compliance with treatment plan required; partial compliance insufficient)
- In re D.F., 337 Mont. 461 (2007 MT) (full compliance required; ultimate outcome depends on substantial evidence)
- In re J.C., 319 Mont. 112 (2003 MT) (analysis of treatment plan and compliance)
- In re M.N., 362 Mont. 186 (2011 MT) (chronic and severe neglect; long-term pattern; permanency priority)
- In re M.T., 310 Mont. 506 (2002 MT) (evaluation of likelihood of change based on past conduct)
- In re L.N., 329 P.3d 598 (2014 MT) (aggravated circumstances; reunification not required)