In the Matter of B.P. and B.P., Youths in Need of Care

Summary

The Montana Supreme Court affirmed the termination of a father's parental rights to two children adjudicated as youths in need of care. The court held that the district court did not abuse its discretion in denying an untimely motion to continue the termination hearing and properly terminated parental rights under § 41-3-609(1)(f), MCA. The court also concluded that the Department of Public Health and Human Services made reasonable reunification efforts and that the district court's findings were supported by the record.

Holdings

1. The District Court did not abuse its discretion by denying M.P.'s untimely motion to continue the termination hearing.
2. The District Court did not abuse its discretion in terminating M.P.'s parental rights because the children had been adjudicated youths in need of care, the appropriate treatment plan was unsuccessful, and M.P.'s conduct was unlikely to change within a reasonable time.
3. The State made reasonable efforts to reunify M.P. with his children as required by § 41-3-423, MCA.
4. The District Court's findings regarding M.P.'s treatment-plan compliance and the grounds for termination were sufficiently supported by the record and were not clearly erroneous.

Questions Presented

1. Whether the District Court abused its discretion by denying M.P.'s oral motion to continue the termination hearing while he was incarcerated in Illinois.
2. Whether the District Court erred in terminating M.P.'s parental rights under § 41-3-609(1)(f), MCA.
3. Whether the State made reasonable efforts to reunify M.P. with his children as required by § 41-3-423, MCA.
4. Whether the District Court's findings regarding M.P.'s treatment-plan compliance and the grounds for termination were sufficiently supported by the record.

Disposition

affirmed