In re A.R.

Summary

The Montana Supreme Court reviewed an appeal from an order granting the State temporary legal custody of two youths alleged to be in need of care. The court held that the mother waived her objection to the delayed show cause hearing but remanded for specific findings regarding which allegations were proven and whether the youths were abused or neglected.

Holdings

1. Julie waived her objection to the statutory ten-day hearing requirement by acquiescing in the resetting of the hearing after the original judge recused himself and agreeing that February 1, 2002, was the earliest available hearing date.
2. The district court's nonspecific findings did not satisfy Montana Code Annotated § 41-3-437(7), which requires written findings identifying which allegations of the petition were proved or admitted.
3. An express finding that the children were abused or neglected was a jurisdictional prerequisite to the district court's authority to award the State custody, and the district court's failure to make that finding required remand.

Questions Presented

1. Whether Julie waived her objection to the statutory requirement that a show-cause hearing be held within ten days of the filing of the child-abuse-and-neglect petition.
2. Whether the district court was required to make specific written findings identifying which allegations of the petition were proved or admitted.
3. Whether an express finding that the children were abused or neglected was a jurisdictional prerequisite to awarding the State temporary legal custody.

Disposition

remanded