In re K.L.
2014 MT 28
| Mont. | 2014Background
- K.L., born 2009, removed July 2011; adjudicated youth in need of care October 2011.
- Parents Paternal and Maternal rights terminated after 2013 termination hearing; TLC extensions occurred prior to termination.
- K.L. was reunified with Father during trial home visits but was repeatedly removed due to Father’s intoxication concerns.
- Mother remained without reunification attempts through the period.
- The District Court terminated both parents’ rights; Father appeal upheld; Mother appeal upheld by majority (with dissent arguing for different reasonable efforts).
- The court affirmed termination for both parents, with the dissent addressing reasonable efforts to provide mental health services to Mother.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Extension of temporary legal custody (TLC) – abuse of discretion? | Father contends TLC extension unnecessary since he completed plan. | Department argues remaining sobriety and safe home needed more time. | Not abuse; 60-day extension supported by evidence on alcohol concerns. |
| Termination of Father’s parental rights – unfitness unlikely to change? | Father argues sobriety and progress showed change possible. | DPHHS shows ongoing alcohol issues and risk to child. | Not abuse; circumstances showed unfitness unlikely to change within reasonable time. |
| Termination of Mother’s parental rights – plan appropriate and reasonable efforts made? | Mother argues plan lacked Dr. Jeffreys’ recommendations and reasonable efforts. | Court found plan appropriate; department attempted to address mental health needs. | Not abuse; plan deemed appropriate and reasonable efforts sufficient; termination affirmed. |
Key Cases Cited
- In re B.H., 307 Mont. 412, 37 P.3d 736 (2001 MT 288) (clear and convincing standard; best interests paramount)
- In re E.K., 307 Mont. 328, 37 P.3d 690 (2001 MT 279) (best interests of child paramount in termination)
- In re D.B., 339 Mont. 240, 168 P.3d 691 (2007 MT 246) (abuse of discretion; review of termination rulings)
- In re S.M., 304 Mont. 102, 19 P.3d 213 (2001 MT 11) (partial compliance insufficient to preclude termination)
- In re D.H., 306 Mont. 278, 33 P.3d 616 (2001 MT 200) (reasonableness of reunification efforts; substantial evidence standard)