Matter of A.S., YINC
2021 MT 304N
| Mont. | 2021Background
- Child born 2012; mother died of an overdose in 2014; child repeatedly removed and returned to Father until 2019.
- In April 2019 Child was removed after Father was incarcerated and had left Child with an intoxicated girlfriend living in a camper without running water.
- Father stipulated to Temporary Legal Custody (TLC) and a court‑approved treatment plan in May–June 2019; the plan required, among other things, no criminal activity.
- Father had multiple subsequent arrests, repeated incarcerations, and was sentenced in May 2020 to ten years at Montana State Prison (with six suspended); Department filed to terminate parental rights June 11, 2020.
- Father sought a writ to be transported for the termination hearing; court initially ordered transport but rescinded it and required Father to appear by two‑way video due to a COVID outbreak at MSP; Father objected and appealed after the court terminated his parental rights on March 4, 2021.
Issues
| Issue | Father's Argument | State's Argument | Held |
|---|---|---|---|
| Whether appearing by two‑way video (over Father’s objection) violated due process | Video appearance denied Father a fair hearing and his right to appear in person | Statute permits telephonic/video testimony; COVID safety justified remote appearance | No due process violation; video was authorized by statute and Father was not unfairly disadvantaged |
| Whether termination of parental rights was an abuse of discretion | Father argued he was making progress and that Department’s communication lapses hindered plan completion | Father failed to complete court‑approved treatment plan; long‑term incarceration made reunification unlikely within a reasonable time | Not an abuse of discretion; clear and convincing evidence that plan was not completed and Father’s condition was unlikely to change in reasonable time |
Key Cases Cited
- In re B.J.J., 396 Mont. 108 (2019) (due process and Department’s duty to assist parents to complete treatment plans)
- In re C.J., 357 Mont. 219 (2010) (notice and opportunity to be heard are core due process components)
- In re M.V.R., 385 Mont. 448 (2016) (plenary review for constitutional due process claims; facts/conclusions standards)
- In re C.B., 398 Mont. 176 (2019) (parent must show outcome would differ to prove due process violation)
- In re X.M., 393 Mont. 210 (2018) (standards for termination: appropriate treatment plan not complied with and unfitness unlikely to change)
- In re E.Y.R., 396 Mont. 515 (2019) (abuse of discretion standard for termination decisions)