In re A.R.

Summary

The Montana Supreme Court affirmed the termination of S.A.’s parental rights to her two sons and placement of the children with their biological father. The court held that alleged delays in the permanency-plan hearing and appellate record, as well as the denial or allocation of costs for requested evaluations, drug testing, and visitation recording, did not violate S.A.’s due process rights.

Holdings

1. Under the circumstances presented, the failure to hold the permanency plan hearing within the statutory time frame was not fundamentally unfair, did not violate S.A.'s due process rights, and did not require dismissal.
2. The duration of the proceeding and the court reporter's authorized extension to prepare the transcripts did not prejudice S.A. or violate due process.
3. The District Court did not violate due process by requiring S.A. to bear the cost of an additional psychological evaluation and drug test or by conditioning counselor attendance and videotaping of visitation on reinstatement of visitation rights and discreet recording.

Questions Presented

1. Whether the failure to hold a permanency plan hearing within the statutory time frame violated S.A.'s due process rights or required dismissal of the parental-rights proceeding.
2. Whether the length of the child-protection and parental-rights proceeding, including an extension for preparation of the trial transcripts, violated due process.
3. Whether requiring S.A. to pay for an additional psychological evaluation and drug test, and restricting visitation-related recording and counseling attendance, deprived her of due process.

Disposition

affirmed