In re A.J.E.

Summary

The Montana Supreme Court affirmed the termination of both parents’ parental rights to A.J.E. The court held that substantial evidence supported findings that the mother’s conditions rendering her unfit were unlikely to change within a reasonable time and that the father could not assume the role of parent within a reasonable time. The court also addressed the relevance of rehabilitation evidence and unpreserved evidentiary and due process arguments.

Holdings

1. The District Court did not abuse its discretion in finding that Mother's conduct or conditions rendering her unfit were unlikely to change within a reasonable time. Her chronic disabilities, failure to complete the court-approved treatment plan, continued inability to implement parenting instruction, and history of noncompliance supported termination despite evidence of more recent rehabilitation efforts.
2. The District Court did not abuse its discretion in terminating Father's parental rights under § 41-3-609(4)(b), MCA, because two clinical psychologists testified that Father could not assume the role of parent within a reasonable time.
3. The District Court's misstatement that Drs. Tranel and Cook had relied on Dr. Casey's current evaluation was harmless error because it did not cause substantial prejudice.

Questions Presented

1. Whether the District Court abused its discretion by finding that the conduct or conditions rendering Mother unfit to parent were unlikely to change within a reasonable time under § 41-3-609(1)(f)(ii), MCA.
2. Whether the District Court abused its discretion by terminating Father's parental rights under § 41-3-609(4)(b), MCA, based on testimony from two clinical psychologists that he could not assume the role of parent within a reasonable time.

Disposition

affirmed