In re M.J.C.

Summary

The Montana Supreme Court affirmed the termination of D.W.’s parental rights to M.J.C. The court held that clear and convincing evidence supported termination based on abandonment and noncompliance with a court-approved treatment plan under § 41-3-609, MCA. The court also concluded that D.W.’s conduct was unlikely to change within a reasonable time.

Holdings

1. The District Court did not clearly err in finding, by clear and convincing evidence, that D.W. abandoned M.J.C. because his prolonged failure to visit, provide care or support, establish a relationship, or express a plan to resume care made it reasonable to believe that he did not intend to resume care of the child.
2. The District Court properly terminated D.W.'s parental rights under § 41-3-609(1)(f), MCA, because M.J.C. had been adjudicated a youth in need of care, D.W. failed to comply with an appropriate court-approved treatment plan, and the conduct or condition rendering him unfit was unlikely to change within a reasonable time.

Questions Presented

1. Whether the District Court clearly erred in finding that D.W. abandoned M.J.C. under § 41-3-609(1)(b), MCA.
2. Whether the District Court erred in terminating D.W.'s parental rights under § 41-3-609(1)(f), MCA, based on his noncompliance with the treatment plan and the determination that his conduct or condition was unlikely to change within a reasonable time.

Disposition

affirmed