In re the Guardianship & Conservatorship of J.C.

Summary

The Montana Supreme Court affirmed the appointment of Greg and Janice Hanson as temporary and permanent guardians of two minor children. The court held that the mother’s parental rights were suspended by circumstances based on clear and convincing evidence, including her prior admissions that she was unable to care for the children and her lack of custody since 1999. The court also concluded that she waived any right to a hearing on that issue and that the district court properly extended the temporary guardianship pending appointment of a permanent guardian.

Holdings

1. Yes. The District Court properly determined that A.C.'s parental rights were suspended by circumstances based on clear and convincing evidence, and A.C. waived her right to a hearing.
2. No. The District Court did not err in appointing temporary and permanent guardians despite A.C.'s withdrawal of consent because A.C.'s parental rights were suspended by circumstances, and the court had authority to extend the temporary guardianship and appoint a permanent guardian without parental consent.

Questions Presented

1. Did the District Court properly determine that the mother's parental rights were suspended by circumstances?
2. Did the District Court err in appointing a temporary and then a permanent guardian when the mother had withdrawn her consent?

Disposition

affirmed