In re M.N.
362 Mont. 186
| Mont. | 2011Background
- Parents have long involvement with the Department over multiple petitions concerning J.N., M.N., and later R.N.
- 2008 petition led to adjudication of Youths in Need of Care for J.N. and M.N. with a treatment plan and extensive services.
- Home conditions were unsafe and foul-smelling; a key head injury to J.N. occurred in 2010 raising questions of parental accountability.
- Following a period of services, the 2008 petition was dismissed after parents met minimal standards, then services were abruptly ceased by the parents in 2010.
- In 2010 the Department petitioned for termination without reunification for J.N. and M.N. (R.N. born later in 2010) based on chronic, severe neglect; the district court granted termination and permanent legal custody to the Department, which the court affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether chronic, severe neglect supports termination without reunification | Parents contend evidence is insufficient/should allow reunification | Department argues evidence shows long-standing neglect justifying no reunification | affirmed; district court properly found chronic, severe neglect and no reunification. |
| Whether evidence from prior petitions was retroactively admissible | Collateral estoppel/relevance arguments should bar current evidence | Evidence properly considered as part of continuing family history | rejected collateral estoppel challenges; prior adjudications not identical issues; evidence permissible. |
| Whether the Department could forego reunification services given prior dismissal | Past dismissal precludes new termination without reunification | Dismissal did not preclude later action due to ongoing neglect and different issue | affirmed; no error in assessing need for reunification services given current circumstances. |
Key Cases Cited
- In re D.V., 2003 MT 160 (Mont. 2003) (termination requires clear and convincing evidence; best interests apply)
- In re E.K., 2001 MT 279 (Mont. 2001) (procedural standards and burden in termination cases)
- In re C.R.N., 1999 MT 92 (Mont. 1999) (best interests and substantial evidence standard)
- In re D.S., 2005 MT 275 (Mont. 2005) (chronic, severe neglect without reunification appropriate)
- Dowell v. Mont. Dep’t Pub. Health & Human Servs., 2006 MT 55 (Mont. 2006) (collateral estoppel analysis in abuse/neglect cases)