Summary
The Montana Supreme Court affirmed an order terminating the natural mother's parental rights to D.F. The court held that the mother failed to complete, and did not achieve the overall goals of, her court-approved treatment plan. The court also upheld the finding that the conditions rendering her unfit were unlikely to change within a reasonable time, considering her unresolved psychological issues and the child's special needs.
Holdings
- The District Court did not clearly err in finding that the mother failed to complete her treatment plan. Under Montana's statutory scheme, partial or substantial compliance is insufficient; additionally, a treatment plan may be found unsuccessful even when a parent completes all listed tasks if the plan's overall goals are not achieved.
- The District Court did not clearly err in finding that the conduct or condition rendering the mother unfit to parent D.F. was unlikely to change within a reasonable time.
Questions Presented
- Whether the District Court clearly erred in finding that the mother failed to complete or successfully accomplish her court-approved treatment plan.
- Whether the District Court clearly erred in finding that the conduct or condition rendering the mother unfit to parent D.F. was unlikely to change within a reasonable time.
Disposition
affirmed
Cases Cited (6)
- Matter of C.R.O., 2002 MT 50, ¶ 10, 309 Mont. 48, ¶ 10, 43 P.3d 913, ¶ 10(followed)
- Matter of M.J.W., 1998 MT 142, ¶ 18, 289 Mont. 232, ¶ 18, 961 P.2d 105, ¶ 18(followed)
- Matter of D.B., 2004 MT 371, ¶ 48, 325 Mont. 13, ¶ 48, 103 P.3d 1026, ¶ 48(followed)
- Matter of T.L., 2005 MT 256, ¶ 14, 329 Mont. 58, ¶ 14, 122 P.3d 453, ¶ 14(followed)
- Matter of A.F., 2003 MT 254, ¶ 25, 317 Mont. 367, ¶ 25, 77 P.3d 266, ¶ 25(followed)
- Matter of M.A.E., 1999 MT 341, ¶ 43, 297 Mont. 434, ¶ 43, 991 P.2d 972, ¶ 43(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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