In re L.N., 329 P.3d 598

L.N., born March 2013, was removed from Mother (A.N.) and Father (J.N.) shortly after birth due to Father’s aggressive conduct and risk of harm; initial petition filed within statutory timeframes.
Parents previously had parental rights to three older children (J.N., M.N., R.N.) terminated in 2011 for chronic and severe neglect (affirmed by this Court).
The State’s initial petition sought a determination that reunification services were not required and termination of parental rights; hearing notices were served and the hearing was continued several times at Father’s request.
At the October 8, 2013 hearing, the court judicially noticed the prior termination and heard evidence that parents continued to exhibit problems: Mother’s inability to respond to infant cues and literacy/learning deficits, Father’s anger and hostility, cluttered/unsanitary home conditions, and failure to obtain the child’s SSN/birth certificate.
The District Court found by clear and convincing evidence that parents had subjected J.N. and M.N. to aggravated circumstances (chronic and severe neglect) and alternatively that prior terminations were relevant to their ability to parent L.N.; it concluded reasonable efforts were not required and terminated parental rights to L.N.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether parents were afforded fundamentally fair procedures	State: procedures were proper, notice and process satisfied statutory requirements	Parents: denial of fair process because State did not request "emergency protective services" in initial petition and delays occurred	Court: procedures were fundamentally fair; initial petition lawfully requested termination and determination that reunification services were not required; parents had notice, counsel, discovery, and hearing opportunities
Whether termination was an abuse of discretion	State: prior findings of aggravated circumstances (chronic/severe neglect) justify termination without reunification efforts; alternatively, prior terminations were relevant to ability to parent L.N.	Parents: insufficient current-evidence showing inability to care for L.N.; prior circumstances not shown to be relevant	Court: no abuse of discretion; §41‑3‑423(2)(a) grounds (prior aggravated neglect) alone suffice; alternatively §41‑3‑423(2)(e) relevance finding was supported by evidence

In re M.N., 362 Mont. 186, 261 P.3d 1047 (Mont. 2011) (prior termination for neglect affirmed)
In re D.B., 339 Mont. 240, 168 P.3d 691 (Mont. 2007) (standard of review and parental liberty interest require fundamentally fair procedures)
In re K.J.B., 339 Mont. 28, 168 P.3d 629 (Mont. 2007) (standards for review of findings and conclusions)
In re T.S.B., 341 Mont. 204, 177 P.3d 429 (Mont. 2008) (termination may be ordered at a show cause hearing when initial petition requests termination and determination that reunification services are not required)