Matter of C.J.M. and A.J.M.
2012 MT 137
| Mont. | 2012Background
- Father appeals district court termination of his parental rights to A.J.M. and C.J.M.; Mother’s rights were terminated earlier and not part of this appeal.
- Children were adjudicated Youths in Need of Care on August 14, 2009; substantial care needs and behavioral issues documented.
- DPHHS established a treatment plan requiring Father to engage in counseling, parenting training, visits, housing, employment, and other steps.
- Father moved between states (Washington, then Montana) and failed to fully comply with the plan; progress described as minimal.
- By 2011, A.J.M. and C.J.M. were in foster care or hospital settings with intensive care needs; the district court terminated Father’s parental rights in December 2011.
- The issue on appeal is whether termination was supported by the statutory grounds and best interests evidence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the treatment plans were appropriate and reunification efforts were reasonable. | Father asserts plans were inappropriate due to lack of assessment. | DPHHS and district court found plans appropriate and efforts reasonable; no objection waived challenges. | Plans appropriate; reasonable efforts shown. |
| Whether Father’s likelihood to change within a reasonable time was supported by clear and convincing evidence. | Father argues evidence does not show he is unlikely to change. | Record shows minimal progress and noncompliance; unlikely to change promptly. | Termination supported by clear and convincing evidence. |
Key Cases Cited
- In the Matter of A.F.-C., 307 Mont. 358 (Mont. 2001) (treatment plan adequacy and representation considerations)
- In the Matter of A.A., 327 Mont. 127 (Mont. 2005) (evaluation of treatment plans and waiver via lack of objection)
- In the Matter of J.C., 343 Mont. 30 (Mont. 2008) (clear error review of factual findings in parental-rights termination)
- In the Matter of A.H.D., 341 Mont. 494 (Mont. 2008) (abuse-of-discretion standard and best interests emphasis)
- In the Matter of E.K., 307 Mont. 328 (Mont. 2001) (primary consideration to child’s needs; foster-care presumption of termination after 15 months)