Summary
The Montana Supreme Court held that an indigent parent facing involuntary termination of parental rights in a stepparent adoption proceeding is entitled to appointed counsel under Montana's Equal Protection Clause. The court reversed the termination order and remanded for a determination of the mother's financial eligibility, appointment of counsel, and a new termination hearing.
Topics
Practice areas
Questions Presented
- Whether Montana's equal-protection guarantee requires appointment of counsel for an indigent parent facing involuntary termination of parental rights in a private stepparent-adoption proceeding.
- Whether the District Court's termination decision was supported by clear and convincing evidence.
Holdings
- Montana's constitutional guarantee of equal protection requires that counsel be appointed for an indigent parent facing involuntary termination of parental rights under the Adoption Act, because the parent is similarly situated to an indigent parent facing termination in a state-initiated abuse-and-neglect proceeding, where counsel is provided by statute.
- The court did not reach the sufficiency-of-the-evidence issue because its ruling on Mother's constitutional right to counsel required reversal and a new termination hearing.
Key quotations
“The U.S. Supreme Court has said that a parent’s interest in custody of a child “is perhaps the oldest of the [recognized] fundamental liberty interests.”” (¶ 16)
“We conclude that Montana’s right to equal protection requires that counsel be appointed for indigent parents in termination proceedings brought under the Adoption Act.” (¶ 26)
“We reverse the decision of the District Court and remand for the appointment counsel for Mother, and for a new hearing.” (¶ 28)
Factual background
Mother and Father had two children and divorced in 2007. Mother initially had regular unsupervised parenting time, but after her 2009 arrest the District Court restricted her to supervised visitation; her last visit with the children was in August 2010. In 2013, the children's stepmother petitioned to adopt them and terminate Mother's parental rights. Mother appeared at the termination hearing without counsel, stated that she could not afford an attorney, opposed termination, and presented no evidence beyond testimony elicited during the stepmother's case-in-chief.
Procedural history
The District Court of the Nineteenth Judicial District held a show-cause hearing on petitions by the children's stepmother to adopt the children and terminate Mother's parental rights. Mother appeared without counsel, stated that she opposed termination, and explained that she lacked money to hire an attorney. The District Court found willful abandonment and other statutory grounds, entered a decree of adoption, and terminated Mother's parental rights. The Montana Supreme Court reversed and remanded.
Remand instructions
The District Court must appoint counsel for Mother if it determines that she is financially eligible and conduct a new hearing on the petition to terminate her parental rights.