Justia Family Law Opinion Summaries

The Supreme Court affirmed the order of the district court awarding temporary guardianship of Carol Merideth's two stepchildren to their maternal grandparents, Diana and Kenneth Merideth, holding that the district court did not err.After the children's father died, Diana and Kenneth filed a petition for guardianship and requesting an emergency order for temporary guardianship. The district court appointed Diana and Kenneth temporary guardians. That same day, Carol filed a petition seeking temporary guardianship and conservatorship. The district court entered an order appointing temporary guardians and conservators, determining it was in the children's best interests to appoint Diana and Kenneth as their temporary guardians and conservators. The Supreme Court affirmed, holding that because the children's mother consented to appointment of Diana and Kenneth and the district court found that the appointment was in the children's best interests the district court did not abuse its discretion. View "In re Guardianship of J.S.M." on Justia Law

The Supreme Court affirmed the order of the district court terminating Father's parental rights and granting permanent legal custody, holding that the court's failure to obtain written confirmation of Child's enrollment eligibility directly from the Turtle Mountain Band of Chippewa Tribe did not constitute reversible error and the termination of Father's parental rights was not an abuse of discretion.The district court terminated Father's parental rights pursuant to Mont. Code Ann. 41-3-609(1)(f), failure to successfully complete his court-ordered treatment plan combined with lack of likelihood of successful change within a reasonable time. The Supreme Court affirmed, holding (1) although the Department did not file a written document from the Tribe confirming Child was not an Indian child, the error was not reversible; and (2) the district court did not err in concluding that continuation of the parent-child relationship would result in continued abuse or neglect and that it was in the best interest of Child to terminate Father's parental rights. View "In re D.D." on Justia Law

The Supreme Court affirmed the termination of Mother's parental rights to her child, holding that the district court did not err in terminating Mother's parental rights under state and federal law.In terminating Mother's parental rights to her child the district court made the additional findings and used the heightened evidentiary standards required by the Indian Child Welfare Act (ICWA). The Supreme Court affirmed, holding that the district court did not err (1) in failing to make specific findings under the Americans with Disabilities Act and section 504 of the Rehabilitation Act when terminating Mother's parental rights; (2) when it terminated Mother's parental rights under Mont. Code Ann. 41-3-609 and 25 U.S.C. 1912; and (3) in terminating Mother's rights under federal and state law. View "Matter of K.L.N." on Justia Law

The Supreme Court affirmed the order of the district court dismissing pending abuse and neglect proceedings and placing Mother's two children with Father, their non-custodial parent, holding that the district court did not err.After the Montana Department of Public Health and Human Services, Child and Family Services Division filed a petition for adjudication of child as youth in need of care and temporary legal custody the district court adjudicated the children as youths in need of care. The district court subsequently entered an order placing the children in the custody of Father and dismissed the abuse and neglect proceedings without prejudice. The Supreme Court affirmed, holding that the district court did not err by dismissing the abuse and neglect proceedings and placing the children with Father pursuant to Mont. Code Ann. 41-3-438(3)(d). View "In re J.S.L." on Justia Law

In this termination of parental rights matter, the Supreme Judicial Court reversed the district court's order, holding that the court abused its discretion by terminating Mother's parental rights without a conclusive determination of her two children's tribal membership status and enrollment eligibility with the United Keetoowah Band of Cherokee Indians tribe.Specifically, the Supreme Court held (1) the district court erred by terminating Mother's parental rights in the absence of a conclusive tribal determination regarding the children's status as Indian children of the United Keetoowah tribe; (2) the Montana Department of Public Health and Human Services engaged in reasonable efforts to prevent removal and reunite Mother with her children; and (3) the district court did not err by determining that the conduct or condition rendering Mother unfit, unable, or unwilling to parent was unlikely to change within a reasonable time. The Supreme Court remanded the case to allow the tribe to make a conclusive determination regarding the children's membership and enrollment eligibility. View "In re M.T." on Justia Law

The Supreme Court affirmed the decision of the district court to terminate a 2013 stipulated parental agreement that had afforded Grandparents contact and visitation rights with respect to their grandchild (Child), holding that the district court did not err.Specifically, the Supreme Court held (1) the district court correctly determined that the parties' agreement was a grandparent visitation agreement formed under Mont. Code Ann. 40-9-102 rather than a parental interest agreement under Mon. Code Ann. 40-4-228; and (2) the district court correctly applied the legal standard for termination of a section 40-9-102 grandparent visitation agreement. View "In re Parenting of K.J.K." on Justia Law

The Supreme Court affirmed the judgment of the district court terminating Father's parental rights to his two children, holding that the district court err and that Father did not receive ineffective assistance of counsel.Specifically, the Supreme Court held (1) the district court erred when it allowed the children's guardian ad litem (GAL) to question witnesses at Father's termination hearing, but despite the error, the district court properly terminated Father's parental rights without consideration of the information learned from the GAL's examination of the witnesses; (2) the Department of Public Health and Human Services provided reasonable efforts to reunify Father with the children; (3) the district court did not err in terminating Father's parental rights; (4) the district court did not err in extending temporary legal custody of the children to the Department; and (5) Father did not receive ineffective assistance of counsel because he failed to indicate how the alleged claim prejudiced his substantial rights. View "In re B.F." on Justia Law

The Supreme Court affirmed the order of the district court denying Mother's motion to amend the parenting plan entered into between the parties, holding that the district court did not abuse its discretion by denying Mother's motion to amend the parenting plan.When Mother and Father divorced in 2015 they entered into a stipulated parenting plan providing for equal parenting time. In July 2018, Mother filed a notice of intent to move and a motion to amend parenting plan along with the proposed parenting plan, expressing her desire to recreate to Indiana. The district court denied Mother's motion and ordered an amended parenting plan providing that the parties' child would remain in Montana and reside with Father on a primary basis in the event Mother decided to relocate to Indiana. The Supreme Court affirmed, holding that district court did not abuse its discretion. View "In re Marriage of Solem" on Justia Law

The Supreme Court reversed the termination of Mother's parental rights to her child, D.D., holding that D.D. was not an abused or neglected child as provided in Mont. Code Ann. 41-3-102(2)(a), (7)(a)(i)-(iii) and (21)(a)(i)-(vi), and therefore, the district court erred in terminating Mother's parental rights to D.D.D.D. was residing with his father and had not been in Mother's care for nearly eight years when the Department of Public Health and Human Services, Child and Family Services Division filed is petition for termination of Mother's parental rights. At the close of a hearing, the district court implicitly determined D.D. was an abused or neglected child, found the Department need not make reasonable efforts to provide preservation or reunification services, and terminated Mother's parental rights. The Supreme Court reversed, holding that because D.D. was not residing with mother at the time of her alleged neglectful conduct and was not at risk of doing so, D.D. was not an abused or neglected child. View "In re D.D." on Justia Law

The Supreme Court affirmed the judgment of the family court terminating Mother's parental rights to her child, C.S., holding that the district court did not abuse its discretion in the proceedings below.After a hearing, the district court implicitly determined C.S. was an abused or neglected child, found the Department of Public Health and Human Services, Child and Family Services Division, need not make reasonable efforts to provide preservation or reunification services due to Mother's chronic, severe neglect of C.S., and terminated Mother's parental rights to C.S. The Supreme Court affirmed, holding (1) C.S. was properly determined to be an abused or neglected child; and (2) Mother was not denied due process in determining reunification efforts were not necessary and terminating Mother's parental rights to C.S. due to chronic and severe neglect. View "In re C.S." on Justia Law