In re M.W.

Summary

The Montana Supreme Court affirmed the termination of S.W.’s parental rights to her three daughters. The court held that any error in admitting a social worker’s affidavit was waived or harmless because S.W. did not cross-examine the witness about specific hearsay or move to strike portions of the affidavit. The court also upheld the district court’s substantially adopted findings and its conclusion that S.W.’s conduct or condition was unlikely to change within a reasonable time.

Holdings

1. Any potential error in admitting the social worker's affidavit was obviated because S.W. did not cross-examine the social worker about the affidavit, identify specific inadmissible hearsay, or move to strike the challenged portions after the District Court invited her to do so.
2. A district court's adoption of a prevailing party's proposed findings of fact and conclusions of law, even virtually verbatim, is not error per se when the findings are comprehensive, pertinent, and supported by the evidence.
3. The District Court properly found that S.W.'s conduct or condition rendering her unfit was unlikely to change within a reasonable time, satisfying § 41-3-609(1)(f)(ii), MCA.

Questions Presented

1. Whether the District Court abused its discretion by admitting the Department social worker's affidavit over S.W.'s hearsay objection.
2. Whether the District Court erred by adopting the Department's proposed findings of fact and conclusions of law.
3. Whether the District Court erred in finding that S.W.'s conduct or condition rendering her unfit was unlikely to change within a reasonable period of time.

Disposition

affirmed