Matter of C.M.B.

Summary

The Montana Supreme Court affirmed the termination of the mother’s parental rights to C.M.B., a youth in need of care. The court held that the mother lacked standing to assert ineffective-assistance claims on behalf of the child and concluded that the district court properly found the mother’s condition was unlikely to change within a reasonable time.

Holdings

1. Mother lacked standing to assert C.M.B.'s statutory and constitutional rights to effective assistance of counsel because Mother did not identify a personal constitutional violation or other personal injury and generally may not assert another person's constitutional rights.
2. The District Court did not abuse its discretion in terminating Mother's parental rights because substantial credible evidence supported its finding that Mother's conduct or condition was unlikely to change within a reasonable time, and the court adequately considered C.M.B.'s mental and emotional condition and the statutory factors.

Questions Presented

1. Whether Mother had standing to assert that C.M.B.'s counsel rendered ineffective assistance by failing to advocate for C.M.B.'s expressed wishes to maintain her relationship with Mother.
2. Whether the District Court abused its discretion by terminating Mother's parental rights without adequately considering C.M.B.'s mental condition and whether Mother's condition was unlikely to change within a reasonable time.

Disposition

affirmed