Summary
The Montana Supreme Court affirmed the termination of a mother's parental rights to four children adjudicated as youths in need of care. The court held that substantial credible evidence supported the district court's finding that the mother's condition rendering her unfit to parent was unlikely to change within a reasonable time under § 41-3-609(1)(f), MCA.
Holdings
- The district court did not clearly err in finding that the mother's unfitness was unlikely to change within a reasonable time, and termination of her parental rights was proper.
- Because parental care and custody constitute a fundamental liberty interest, the party seeking termination must establish by clear and convincing evidence every statutorily required finding for termination.
Questions Presented
- Whether the district court clearly erred in finding that the condition rendering the mother unfit to parent was unlikely to change within a reasonable time.
Disposition
affirmed
Cases Cited (1)
- In re C.R.O., 2002 MT 50, ¶ 10, 309 Mont. 48, 43 P.3d 913(followed)
Cited In (0)
No citing cases on record yet.
Court Document
Open PDFLoading document…