In the Matter of C.M.C., C.C., and C.J., Youths in Need of Care

Summary

The Supreme Court of Montana affirmed the termination of S.P.'s parental rights to three children adjudicated as youths in need of care. The court held that clear and convincing evidence established that the mother failed to comply with or successfully complete her treatment plan and that her conduct was unlikely to change within a reasonable time. The court also rejected her ineffective-assistance-of-counsel claims for lack of demonstrated prejudice and, in a concurrence, discussed the potential use of an appellate offer of proof to seek a limited evidentiary hearing.

Holdings

1. The District Court did not err in terminating the mother's parental rights because clear and convincing evidence showed that the children were adjudicated youths in need of care, the approved treatment plan had not been complied with or successfully completed, and the mother's conduct or condition rendering her unfit was unlikely to change within a reasonable time.
2. The mother failed to establish ineffective assistance of counsel because she did not make the required threshold showing concerning counsel's training and experience or demonstrate material prejudice from the alleged deficiencies.

Questions Presented

1. Whether the District Court erred in concluding that the State proved the statutory criteria for terminating the mother's parental rights by clear and convincing evidence.
2. Whether the mother was denied effective assistance of counsel in the termination proceedings.

Disposition

affirmed