In re A.S.

Summary

The Montana Supreme Court affirmed the termination of a mother's parental rights to two enrolled Northern Cheyenne children. The court held that the mother failed to preserve her challenge to the timing of the Indian Child Welfare Act § 1912(e) hearing and that the district court independently had sufficient grounds to terminate her rights based on unsuccessful treatment plans and conditions unlikely to change within a reasonable time. The court nevertheless urged the Department of Public Health and Human Services to address ICWA requirements early in future proceedings.

Holdings

1. Mother failed to preserve for appeal the issue of whether the ICWA section 1912(e) hearing was held too late because she acquiesced in holding the delayed hearing and did not make a timely, specific objection.
2. Mother was not entitled to reset the foster-care period to the date of the January 15, 2010 ICWA hearing because the District Court did not rely on the statutory 15-month foster-care presumption in terminating her parental rights.
3. The District Court did not abuse its discretion in terminating Mother's parental rights where clear and convincing evidence established that the children were adjudicated youths in need of care, Mother failed to comply successfully with appropriate treatment plans, and the conduct or condition rendering her unfit was unlikely to change within a reasonable time.

Questions Presented

1. Whether Mother preserved for appellate review her argument that the delayed ICWA section 1912(e) qualified-expert hearing invalidated the children's removal and subsequent termination proceedings.
2. Whether the District Court erred by refusing to reset the foster-care period to the date of the delayed ICWA hearing.
3. Whether the District Court abused its discretion in terminating Mother's parental rights based on her failure to complete treatment plans and the likelihood that her unfitness would not change within a reasonable time.

Disposition

affirmed