Matter of A.R.B.

Summary

The Montana Supreme Court affirmed the termination of the biological mother’s parental rights to A.R.B., a youth in need of care. The Court held that Montana retained jurisdiction under the Interstate Compact on the Placement of Children because the child’s placement in Utah did not terminate the Montana court’s jurisdiction and no Utah proceeding was pending. The Court also held that the District Court did not abuse its discretion in declining to treat Montana as an inconvenient forum under the UCCJEA.

Holdings

1. A Montana court's obligation to relinquish jurisdiction under § 40-7-202, MCA, requires a pending proceeding in the other state; the Montana court was not required to seek out a Utah court and demand initiation of a proceeding. Because the placement occurred under the ICPC and no Utah proceeding was pending, Article V of the ICPC controlled and Montana retained jurisdiction.
2. The District Court did not abuse its discretion by declining to find Montana an inconvenient forum. The relevant circumstances, including the absence of a pending Utah proceeding, Utah DFS's refusal to investigate, and the location of the evidence concerning abandonment in Montana, supported retaining jurisdiction.

Questions Presented

1. Whether the District Court was required to stay or relinquish jurisdiction under the UCCJEA's exclusive, continuing jurisdiction provision, § 40-7-202, MCA, after A.R.B. was placed in Utah.
2. Whether the District Court abused its discretion by declining to stay proceedings or find Montana an inconvenient forum under § 40-7-108, MCA.

Disposition

affirmed