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In re C.B.

Supreme Court of Montana

January 7, 2014

IN THE MATTER OF: C.B., A Youth In Need of Care.

Submitted on Briefs: December 3, 2013

APPEAL FROM: District Court of the Eighth Judicial District, In and For the County of Cascade, Cause No. DN 11-207 Honorable Kenneth R. Neill, Presiding Judge.

For Appellant Julie Brown, Montana Legal Justice, PLLC; Missoula, Montana.

For Appellee Timothy C. Fox, Montana Attorney General, Katie F. Schulz, Assistant Attorney General; Helena, Montana

Theresa Diekhans, Child Protection Unit; Great Falls, Montana

MICHAEL E WHEAT JUSTICE

¶1 K.B. (the Mother) appeals from the order of the Eighth Judicial District Court, Cascade County, terminating her parental rights. We affirm.

ISSUES

¶2 We restate the issues on appeal as follows:

1. Did the District Court abuse its discretion by terminating the Mother's parental rights due to her failure to complete an appropriate treatment plan to which she never objected?
2. Did the District Court correctly conclude that the condition or conduct rendering the Mother unfit to parent was unlikely to change within a reasonable time?

FACTUAL AND PROCEDURAL BACKGROUND

¶3 The Mother contests the District Court's order terminating her parental rights to her son, C.B. C.B. is an Indian child, pursuant to the Indian Child Welfare Act (ICWA).

ΒΆ4 Prior to the incident that initiated this action, in 2011, the Department of Public Health and Human Services (the Department) had received twelve Child Protective Services (CPS) reports regarding the Mother's parenting, dating back to 1999. All were seemingly related to her abuse of prescription ...


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