In re K.B.

The Supreme Court reversed the order of the district court that denied Mother's motion to set aside her earlier conditional relinquishment of parental rights, terminated her parental rights, and granted permanent legal custody of her child to the Montana Department of Public Health and Human Services, Child and Family Services Division, holding that the district court erred when it terminated Mother's parental rights based on the conditional relinquishment Mother executed in a prior proceeding.Specifically, the Supreme Court held that the district court violated Mother's due process rights when it terminated her parental rights based on the earlier conditional relinquishment because (1) neither condition in Mother's conditional relinquishment occurred before the court dismissed the first abuse and neglect case, and (2) Mother executed the conditional relinquishment as part of a previously-dismissed abuse and neglect case. View "In re K.B." on Justia Law