In re M.A.L.

Summary

The Montana Supreme Court affirmed the termination of D.L.’s parental rights to three children. The court held that applying Montana statutes concerning aggravated circumstances and termination of parental rights based in part on D.L.’s prior Texas sexual-offense conviction was not impermissibly retroactive. It also upheld the admission of certified Texas court records and concluded that the conviction constituted an aggravated circumstance under Montana law.

Holdings

1. Applying §§ 41-3-423(2)(a) and 41-3-609(1)(d), MCA (2003), to D.L.'s 1985 Texas conviction did not constitute an unlawful retroactive application.
2. The certified Texas judgment adjudicating guilt was properly admitted under Mont. R. Evid. 803(22), and the District Court did not abuse its discretion.
3. D.L.'s Texas conviction for indecency with a child constituted an aggravated circumstance under § 41-3-423(2)(a), MCA.
4. The District Court did not abuse its discretion by terminating D.L.'s parental rights.
5. The District Court's factual findings were supported by substantial credible evidence and were not clearly erroneous.
6. D.L. failed to preserve his equal-protection challenge because he raised it for the first time in a postjudgment Rule 50(b) motion, and the court declined to reach the constitutional merits.

Questions Presented

1. Whether applying Montana's aggravated-circumstances and parental-termination statutes to D.L.'s pre-enactment Texas conviction was an unlawful retroactive application.
2. Whether the District Court abused its discretion by admitting certified Texas judgment documents under Montana Rule of Evidence 803(22).
3. Whether D.L.'s Texas conviction for indecency with a child constituted an aggravated circumstance under Montana law.
4. Whether the District Court abused its discretion by terminating D.L.'s parental rights.
5. Whether the District Court's findings of fact were clearly erroneous.
6. Whether D.L. preserved his equal-protection challenge for appellate review.

Disposition

affirmed