Matter of J.A.B. L.M.F. YINCs, 2015 MT 28

Mother (N.W.) has two children: L.M.F. (b.2008) and J.A.B. (b.2012); Father (J.B.) is father of J.A.B.; both parents have long histories of methamphetamine use and inconsistent engagement with services.
L.M.F. was removed in December 2009 after reports of parental meth use, children left unattended, and drug activity in the home; placed with paternal grandparents and adjudicated a youth in need of care.
The Department repeatedly required a treatment plan (chemical dependency treatment, drug testing, counseling, stable housing, parenting), but Mother had many missed or positive drug tests and relapses; she completed some short-term programs but failed to demonstrate sustained sobriety.
In June 2013, Mother tested positive for methamphetamine and a hair test of J.A.B. was positive at high levels; both children were removed and placed with paternal grandparents.
The District Court terminated Mother’s rights to L.M.F. for failure to complete the treatment plan and because her condition was unlikely to change; it terminated both parents’ rights to J.A.B. without reunification services, finding they subjected a child (L.M.F.) to chronic and severe neglect (an aggravated circumstance).

Issue	Mother’s Argument	Department/State’s Argument	Held
Whether termination of Mother’s rights to L.M.F. under §41-3-609(1)(f) (failure to comply with treatment plan; condition unlikely to change) was an abuse of discretion	Mother argued she made substantial recent progress, challenged findings of noncompliance and asserted treatment plan tasks were being met	State argued Mother repeatedly failed to comply (many missed/positive tests), relapsed after supervision, and long record showed condition unlikely to change within a reasonable time	Court affirmed termination: substantial evidence showed noncompliance with chemical-dependency, drug testing, counseling, and unstable housing; condition unlikely to change in reasonable time
Whether reunification services could be withheld and parents’ rights to J.A.B. terminated because they subjected a child to aggravated circumstances (chronic and severe neglect) under §41-3-423(2)	Mother and Father emphasized bonds with J.A.B., parenting skills, and recent efforts at treatment	State argued parents repeatedly exposed L.M.F. to drug use and lack of supervision over years, culminating in J.A.B.’s positive drug test—establishing chronic and severe neglect and an aggravated circumstance justifying no reunification services	Court affirmed: parents’ long-term pattern of drug use, repeated neglectful episodes, and child exposure supported finding of chronic and severe neglect; termination without reunification services was appropriate

In re E.Z.C., 300 P.3d 1174 (Mont. 2013) (standard of review and termination discretion)
In re D.F., 161 P.3d 825 (Mont. 2007) (parent must fully comply with treatment plan; partial compliance insufficient)
Schmidt v. Cook, 108 P.3d 511 (Mont. 2005) (substantial credible evidence standard for findings)
In re J.C., 82 P.3d 900 (Mont. 2003) (evidence supporting termination where compliance lacking)
In re M.N., 261 P.3d 1047 (Mont. 2011) (definition and proof of chronic and severe neglect; pattern of discrete neglective acts)
In re M.A.E., 991 P.2d 972 (Mont. 1999) (use of past conduct to assess likelihood of parental change and emphasis on child’s need for permanency)