Matter of A.G. T.G. YINC
2016 MT 203
| Mont. | 2016Background
- Father (J.G.) and Mother (K.G.) have two children: A.G. (b. 2009) and T.G. (b. 2014). The Department had been involved since A.G. was an infant because of parental substance abuse and incidents endangering the child.
- The Department previously entered into three voluntary services agreements and removed A.G. in 2011; Father completed a treatment plan and A.G. was reunified and later placed permanently with Father after Mother’s parental rights were terminated.
- Father resumed a relationship and later married Mother, who relapsed into heavy drinking and continued to pose risks (including arrests, probation violations, and a high BAC while pregnant). Father nonetheless allowed Mother unsupervised access, bought her alcohol while she was pregnant, and engaged in domestic incidents.
- In May 2014 police were called after a domestic incident; Father was arrested on an outstanding warrant and the Department removed A.G. that day. A neighbor later reported Father dunking A.G. repeatedly in a pond while intoxicated.
- T.G. was removed shortly after birth in September 2014 due to the parents’ history of alcohol abuse, domestic violence, the pending DN case involving A.G., and the newborn’s vulnerability. The Department placed both children in kinship care and provided treatment plans; Father failed to complete his plan.
- The District Court terminated Father’s parental rights to A.G. and T.G.; Father appealed, arguing the Department did not make reasonable efforts to prevent removal as required by § 41-3-423, MCA.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the Department made reasonable efforts to prevent removal under § 41-3-423, MCA | Father: Department failed to make reasonable efforts prior to A.G.’s May 2014 removal and prior to T.G.’s immediate post-birth removal | Department: Children’s health and safety required removal; no reasonable in-home option could have protected the children | Court: Affirmed — given long history, prior services, parents’ conduct, and immediate safety risks, the Department made reasonable efforts |
Key Cases Cited
- In re C.J.M., 365 Mont. 298, 280 P.3d 899 (Mont. 2012) (standard of review for termination of parental rights and reasonableness of services)
- In re C.J., 357 Mont. 219, 237 P.3d 1282 (Mont. 2010) (Montana policy favors child protection while preserving family when possible)
- In re K.L., 373 Mont. 421, 318 P.3d 691 (Mont. 2014) (reasonableness of Department efforts is fact-specific and need not be "herculean")