In re M.J.
369 Mont. 247
| Mont. | 2013Background
- M.J. is a medically fragile child with liver disease, gastric issues, visual/hearing impairments, seizures, and brain damage.
- Maternal drug use during pregnancy is suspected; O.J. tested positive for methamphetamine, denies use but admits marijuana use.
- M.J. required specialized medical care across several states; prognosis is guarded and ongoing pediatric care is needed.
- O.J. failed to consistently visit and would not follow medical directives; she provided little contact with hospital staff or CPS.
- M.J. Sr. sought custody to obtain medical care at facilities better equipped for M.J.’s needs; he is in the Air Force and mobility was a factor.
- The Department sought emergency protections; the district court adjudicated M.J. as a youth in need of care and then disposed by transferring custody to M.J. Sr.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did the District Court err in finding M.J. a youth in need of care? | O.J. argues the record lacks evidence of her neglect/abuse and her involvement. | District Court relied on evidence of prenatal drug exposure and parental neglect/education deficits. | No error; findings supported by substantial evidence. |
| Was the disposition under § 41-3-438(3)(d) proper to place M.J. with the father and dismiss the proceeding? | O.J. contends placement out of state harms the mother–child relationship. | Court acted to protect M.J.'s welfare given mother's lack of engagement and father's ability to secure care. | Affirmed; disposition proper and appropriate under the statute. |
Key Cases Cited
- In re K.H., 366 Mont. 18, 285 P.3d 474 (2012 MT 175) (statutory standard of review for abuse and neglect matters; clear error and discretion)
- In re S.S., 364 Mont. 437, 276 P.3d 883 (2012 MT 78) (proper forum for custody challenges; termination/review standards)
- In re I.B., 360 Mont. 132, 255 P.3d 56 (2011 MT 82) (clear error standard; evidentiary weight in findings)
- In re A.R., 326 Mont. 7, 107 P.3d 457 (2005 MT 23) (abuse of discretion framework in adjudication/disposition)
- In re E.K., 307 Mont. 328, 37 P.3d 690 (2001 MT 279) (foundational standard of review for youth in need of care)