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In re J.W.

Supreme Court of Montana

September 3, 2013

IN THE MATTER OF: J.W., T.W., and E.R.L.L., Youths in Need of Care.

Submitted on Briefs: July 17, 2013

APPEAL FROM: District Court of the Nineteenth Judicial District, In and For the County o f Lincoln, Cause Nos. DN 10-27, DN 10-28, DN 11-5 Honorable James B. Wheelis, Presiding Judge.

For Appellant: Carolynn M. Fagan, Fagan Law Office, P.C., Missoula, MT

For Appellee: Timothy C. Fox, Montana Attorney General; Katie F. Schulz, Assistant Attorney General, Helena, Montana Bernard G. Cassidy, Lincoln County Attorney, Libby, MT

OPINION

Mike McGrath Chief Justice

¶1 Pursuant to Section I, Paragraph 3(d), Montana Supreme Court Internal Operating Rules, this case is decided by memorandum opinion and shall not be cited and does not serve as precedent. Its case title, cause number, and disposition shall be included in this Court's quarterly list of noncitable cases published in the Pacific Reporter and Montana Reports.

¶2 Birth mother E.W. appeals from an order of the Nineteenth Judicial District Court, Lincoln County, terminating her parental rights to her three children, T.W., J.W., and E.R.L.L. We affirm.

¶3 The following issues are raised on appeal:

¶4 Whether the District Court erred in finding the treatment plan appropriate.

¶5 Whether the District Court erred in finding that the Department of Public Health and Human Services (the Department) made reasonable efforts to reunite E.W. with her children.

¶6 Whether the District Court abused its discretion in terminating E.W.'s parental rights.

¶7 E.W. is the mother of T.W., born in 2008, J.W., born in 2009, and E.R.L.L., born in 2011. T.W. and J.W. have been in care since November of 2010 and were adjudicated youths in need of care on March 30, 2011. E.R.L.L. has been in care since August of 2011 and was adjudicated a youth in need of care on January 13, 2012. The parental rights of both the father of T.W. and J.W. and the father of E.R.L.L. were previously terminated following a hearing on July 9, 2012.

¶8 A treatment plan for E.W. was approved on April 12, 2011, and updated on September 26, 2011, and April 23, 2012. The treatment plans were approved each time without objection from E.W. The treatment plans required E.W. to complete the following tasks: work cooperatively with Family Concepts on parenting related skills; maintain a permanent and consistent residence; attend regular counseling; have a reasonable child care plan for hours of employment or school; maintain weekly contact with her social worker; attend supervised visits and follow all the rules of visitation; sign all necessary releases; and review T.W.'s occupational therapy evaluation.

ΒΆ9 The Department filed a petition to terminate E.W.'s parental rights on October 4, 2012. Following a termination hearing on December 18, 2012, the District Court terminated E.W.'s ...


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