Matter of L.V-B.
2014 MT 13
Mont.2014Background
- In Oct 2011 Mother gave birth to L.V.-B.; prior 2010 removal of another child due to drugs, homelessness, and improper caregiving.
- Feb 2012 Department removed L.V.-B. for drug use, homelessness, and poor caregiver placement; placed with maternal aunt; voluntary services agreed.
- May 2012 paternity established and Father given a treatment plan; Father completed treatment; L.V.-B. remained with Aunt until Apr 2013.
- July 2012 District Court adjudicated L.V.-B. as a youth in need of care; Mother failed to comply with a treatment plan including drug evaluation, urinalysis, housing, and visitation requirements.
- Jan 2013 State filed petition to terminate Mother’s rights; shortly before hearing, L.V.-B. placed with Father.
- Apr 19, 2013 termination hearing held; District Court terminated Mother’s parental rights under § 41-3-609; Mother appealed the denial of her motion to dismiss.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Substantive due process claim | Mother argues substantive due process violation. | State argues framework for procedural due process controls, not substantive. | Court declined to address substantive claim; not properly articulated. |
| § 41-3-424 and placement with Father require dismissal | Mother contends placement with Father mandates dismissal. | State contends statute not applicable to nonoffending parent’s placement. | Placement with Father does not trigger dismissal under § 41-3-424; dismissal not required. |
| Prematurity of termination petition | Mother argues waiting period required before filing. | State argues no waiting period; petition can be initial filing. | No statutory waiting period; petition properly filed. |
Key Cases Cited
- In re Declaring A.N.W., 130 P.3d 619 (Mont. 2006) (procedural due process in termination cases; balancing parens patriae and state interests)
- In re T.S.B., 177 P.3d 429 (Mont. 2008) (premature or timely termination considerations; predictive assessment of future conduct)
- In re C.M.C., 208 P.3d 809 (Mont. 2009) (standard for assessing likelihood conduct will change within reasonable time)
- In re A.J.E., 130 P.3d 612 (Mont. 2006) (past conduct as basis for future fitness analysis)
- In re M.A.W., 846 P.2d 985 (Mont. 1993) (conduct showing likelihood of change; failure to meet treatment goals supports termination)
- In re J.M.J., 989 P.2d 840 (Mont. 1999) (supports finding unlikely to change given failure to meet goals)