In the Matter of A.S.

2002 MT 265 (2002) · Supreme Court of the State of Montana · November 26, 2002 · No. No. 02-104

Summary

The Montana Supreme Court affirmed the termination of S.S.'s parental rights to A.S., a youth in need of care. The court held that the district court did not err in finding that the treatment plan was reasonable and achievable, that reasonable reunification efforts were made, and that S.S.'s unfitness was unlikely to change within a reasonable time.

Holdings

  1. The district court did not err in finding that DPHHS made reasonable efforts to provide services necessary to prevent termination of S.S.'s parental rights.
  2. The district court correctly found that the treatment plan was reasonable and achievable and that S.S. failed to complete any of its goals.
  3. The district court did not err in finding that S.S. was unfit to provide adequate parental care and that the condition rendering him unfit was unlikely to change within a reasonable time.

Questions Presented

  1. Whether the district court erred in finding that DPHHS made reasonable efforts to prevent removal and reunify A.S. with S.S.
  2. Whether the treatment plan was reasonable and achievable and whether S.S. failed to comply with it.
  3. Whether S.S. was unfit, unwilling, or unable to provide adequate parental care and whether the condition rendering him unfit was unlikely to change within a reasonable time.

Disposition

affirmed

Cases Cited (3)

  • In re Custody of C.F., 2001 MT 19, ¶ 11, 304 Mont. 134, ¶ 11, 18 P.3d 1014, ¶ 11(followed)
  • In re Matter of T.C. and W.C., 2001 MT 264, ¶ 13, 307 Mont. 244, ¶ 13, 37 P.3d 70, ¶ 13(followed)
  • Matter of C.A.R. (1984), 214 Mont. 174, 187, 693 P.2d 1214, 1221(followed)

Cited In (0)

No citing cases on record yet.

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