In re J.D., 2019 MT 63, 395 Mont. 141

Summary

The Montana Supreme Court affirmed the termination of both parents' parental rights to J.D., concluding that the parents had not successfully completed their treatment plans and that the conditions rendering them unfit were unlikely to change within a reasonable time. The court also addressed a CASA's subpoena for the father's therapy records and the CASA's participation in questioning witnesses. The opinion discusses the CASA's statutory role as the child's guardian ad litem and the interaction between that role and therapist-client privilege.

Holdings

1. The district court did not abuse its discretion in terminating the parental rights of Mother and Father because their treatment plans were not completed or successful and the conditions rendering them unfit were unlikely to change within a reasonable time.
2. A CASA or guardian ad litem's statutory access to psychological and other records does not include access to confidential therapy notes protected by Montana's therapist-patient privilege.
3. A district court may permit an attorney CASA to conduct limited questioning necessary to perform the CASA's statutory functions, but the CASA may not exceed that limited role; here, the district court erred by allowing the CASA to cross-examine witnesses in the manner presented.
4. The district court's errors were harmless because the termination decision was supported by the record and did not rely on the privileged therapy materials or the improper CASA questioning.

Questions Presented

1. Whether the district court abused its discretion in terminating Mother's and Father's parental rights.
2. Whether the district court abused its discretion in issuing a subpoena for Father's complete therapy file, including confidential therapy notes.
3. Whether the district court abused its discretion in allowing the CASA, who was not a party, to question witnesses at the termination hearing.

Disposition

affirmed