Matter of E.Z.C. and E.B.C.

2013 MT 235N (Mont. 2013) · Supreme Court of the State of Montana · August 20, 2013 · No. DA 13-0105 and DA 13-0106

Summary

The Montana Supreme Court affirmed orders terminating a father's parental rights to two youths adjudicated as youths in need of care. The court held that the father had waived challenges to the treatment-plan timelines by agreeing to the plan and that substantial evidence supported the finding that his conduct was unlikely to change within a reasonable time.

Holdings

  1. Father waived his challenge to the treatment-plan timelines by agreeing to the plan's goals and tasks without objection, and the record independently showed that the plan was appropriate because Father was represented by counsel, stipulated to the plan, and the plan addressed the particular problems facing Father and his children.
  2. Substantial evidence supported the District Court's determination that Father's conduct rendering him unfit was unlikely to change within a reasonable time; therefore, termination of his parental rights was proper.

Questions Presented

  1. Whether the District Court gave Father insufficient time to complete his court-approved treatment plan.
  2. Whether substantial evidence supported the determination that Father's conduct rendering him unfit was unlikely to change within a reasonable time, warranting termination of parental rights.

Disposition

affirmed

Cases Cited (4)

  • In re E.Z.C., 2013 MT 123, 370 Mont. 116, 300 P.3d 1174(cited)
  • In re D.B., 2012 MT 231, ¶ 19, 366 Mont. 392, 288 P.3d 160(followed)
  • In re H.R., 2012 MT 290, ¶¶ 10-11, 367 Mont. 338, 291 P.3d 583(followed)
  • In re D.B., 2012 MT 231, ¶ 25, 366 Mont. 392, 288 P.3d 160(followed)

Cited In (0)

No citing cases on record yet.

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