In the Matter of A.S. and A.M., Youths in Need of Care

Summary

The Montana Supreme Court affirmed the termination of the parental rights of the mother to A.S. and A.M. and the father to A.S. The court held that substantial evidence supported the finding that the mother's unfitness was unlikely to change within a reasonable time. Although the district court did not expressly make the required finding as to the father, the Supreme Court upheld termination based on an implied finding supported by the record.

Holdings

1. The District Court did not abuse its discretion or violate Mother's constitutional rights by terminating her parental rights. Substantial evidence supported the determination that Mother's treatment plan had not changed the conditions rendering her unfit and that those conditions were continuing and unlikely to change within a reasonable time.
2. The District Court did not lack subject-matter jurisdiction merely because it failed to expressly state the statutory finding. The court's findings that Father's treatment plan had not been successful, that his criminal-law entanglement rendered him unfit, and that continuation of the relationship posed an ongoing risk supported an implied finding that his unfitness was unlikely to change within a reasonable time.

Questions Presented

1. Whether the District Court abused its discretion and violated Mother's constitutional rights by terminating her parental rights after finding that the conduct or condition rendering her unfit was unlikely to change within a reasonable time.
2. Whether the District Court lacked jurisdiction or abused its discretion in terminating Father's parental rights to A.S. without expressly stating that the conduct or condition rendering him unfit was unlikely to change within a reasonable time.

Disposition

affirmed