In Re BF

2000 MT 231, 8 P.3d 790
CourtMontana Supreme Court
DecidedAugust 24, 2000
Docket99-129
StatusPublished

This text of 2000 MT 231 (In Re BF) is published on Counsel Stack Legal Research, covering Montana Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In Re BF, 2000 MT 231, 8 P.3d 790 (Mo. 2000).

Opinion

8 P.3d 790 (2000)
2000 MT 231

In The Matter of Declaring B.F., R.F., and M.S., Jr., Youths in Need of Care.

No. 99-129.

Supreme Court of Montana.

Submitted on Briefs March 9, 2000.
Decided August 24, 2000.

*791 Richard R. Buley, Tipp & Buley, Missoula, Montana, For Appellant.

Hon. Joseph P. Mazurek, Attorney General; Elizabeth S. Baker, Chief Deputy Attorney General, Helena, Montana, Fred R. Van Valkenburg, Missoula County Attorney; Leslie Halligan, Deputy County Attorney, Missoula, Montana, Paulette Ferguson, Attorney at Law, Missoula, Montana (Guardian ad Litem), For Respondent.

Justice JIM REGNIER delivered the Opinion of the Court.

¶ 1 Appellant (hereinafter "M.F."), the mother of B.F., R.F., and M.S. Jr. appeals from the Findings of Fact, Conclusions of Law and Order issued by the Fourth Judicial District Court, Missoula County, terminating her parental rights with respect to B.F., R.F., and M.S. Jr. We affirm. M.F. raises the following issue on appeal: Whether the District Court abused its discretion in terminating M.F.'s parental rights with respect to M.S. Jr.?

BACKGROUND

¶ 2 On November 14, 1995, the Department of Public Health and Human Services ("DPHHS") received a referral alleging that M.F.'s children had been sexually abused by her live-in boyfriend. The children were placed at Extended Family Services with the consent of M.F. Subsequent investigation by the Missoula Police Department revealed that the children were encouraged to look at pornographic magazines and watch pornographic movies; M.F. and her boyfriend had sex in front of the children; B.F.-who was only 12 years old at the time-was taking birth control pills and had been purchased a sexual device; and that all three children had been sexually abused. M.F.'s boyfriend was eventually convicted on three counts of sexual assault. M.F. was never charged with any crime.

¶ 3 The incidents of sexual abuse by M.F.'s boyfriend had begun some time earlier when he lived with the family in a Missoula trailer court. Although both girls told their mother about the abuse at that time, M.F. did nothing. M.F. and her boyfriend separated for a time and the family moved to a different residence. However, despite the fact that her children had informed her that her boyfriend had sexually assaulted them, M.F. allowed her boyfriend to move into the family residence. M.F.'s older daughter eventually told a friend about the incidents of abuse. Her friend's mother approached M.F. and they both agreed to report these incidents to the police which led to the current referral to DPHHS.

¶ 4 This was not M.F.'s first contact with DPHHS. In 1984 she was referred to DPHHS on allegations of abuse and neglect with regard to her oldest child. DPHHS received another referral in 1985. In 1986 both of M.F.'s daughters were placed in foster care after police discovered them locked in their room with no clothes on and feces smeared on them and on the wall. These proceedings were dismissed in 1988 after M.F. successfully completed a treatment plan. Again, in 1990, DPHHS received a referral regarding M.F.'s treatment of her children. Thereafter, DPHHS continued to provide support and foster care services whenever M.F. was unable to cope with parenting or was under stress.

¶ 5 On November 16, 1995, the court granted an order for protective services. The court subsequently appointed Susan Leaphart as special master to oversee the case. On March 8, 1996, the parties entered into a stipulation requiring M.F. to obtain a psychological evaluation and participate in individual and family therapy. This stipulation was approved by the special master and entered as an order. As required by her stipulated treatment plan, M.F. underwent a psychological evaluation by Dr. Paul Bach. On September 2, 1997, the special master entered another stipulation between the parties.

*792 ¶ 6 On May 19, 1998, DPHHS filed a petition for permanent legal custody and right to consent to adoption. The court heard two days of testimony, during which time M.F.'s two oldest children, B.F. and R.F. (ages 15 and 13, respectively), testified that they felt that terminating the parent-child legal relationship with their mother was in their best interest. On December 7, 1998, the District Court entered its Findings of Fact, Conclusions of Law and Order terminating M.F.'s parental rights to all three children. M.F. appeals the termination of her parental rights with respect to her youngest child, M.S. Jr.

STANDARD OF REVIEW

¶ 7 In reviewing a decision to terminate parental rights, this Court determines whether the district court's findings of fact supporting termination are clearly erroneous and whether the district court's conclusions of law are correct. In re J.H., 2000 MT 11, ¶ 20, 994 P.2d 37, ¶ 20, 57 St. Rep. 60, ¶ 20. In regard to the statutorily required findings supporting termination, we have stated:

[A] natural parent's right to care and custody of a child is a fundamental liberty interest, which must be protected by fundamentally fair procedures. Accordingly, prior to terminating an individual's parental rights, the district court must adequately address each applicable statutory requirement to determine if it has been established, and the burden is on the party seeking termination to demonstrate by clear and convincing evidence that every requirement set forth in the statute has been satisfied. In the context of parental rights termination cases, we have defined clear and convincing evidence as simply a requirement that a preponderance of the evidence be definite, clear, and convincing, or that a particular issue must be clearly established by a preponderance of the evidence or by a clear preponderance of the proof.

In re P.M., 1998 MT 264, ¶ 12, 291 Mont. 297, ¶ 12, 967 P.2d 792,¶12 (citations and quotations omitted). Therefore, a finding that a statutory requirement has been satisfied is clearly erroneous if it is not supported by clear and convincing evidence. See In re P.M., ¶ 25.

DISCUSSION

¶ 8 Whether the District Court abused its discretion in terminating M.F.'s parental rights with respect to M.S. Jr.?

¶ 9 The District Court ordered the termination of M.F.'s parental rights with respect to M.S. Jr. on three different legal grounds. The court ordered the termination of M.F.'s parental rights pursuant to § 41-3-609(1)(d), MCA (1997), which provides that a court may order termination if "the parent is convicted of a felony in which sexual intercourse occurred."[1] The court also ordered termination of M.F.'s parental rights pursuant to § 41-3-609(1)(f), MCA (1997), because it found that M.F. had substantially failed to successfully complete or meet the goals of her treatment plan and that M.F.'s children had been in out-of-home placement for a cumulative total period of more than one year. Lastly, the court ordered the termination of M.F.'s parental rights pursuant to § 41-3-609(1)(e), MCA (1997), because it found that M.S. Jr. was a youth in need of care, M.F.'s treatment plan had not been complied with or was not successful, and M.F.'s conduct which rendered her unfit was unlikely to change within a reasonable time. Each of the preceding reasons is sufficient on its own to permit the termination of a parent-child legal relationship. See § 41-3-609(1), MCA (1997). We limit our review of the District Court's authority to terminate M.F.'s parental rights with respect to M.S. Jr. to a review of its authority under § 41-3-609(1)(e), MCA (1997), because it is dispositive of the issue.

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Related

In Re the Custody & Parental Rights of P.M.
1998 MT 264 (Montana Supreme Court, 1998)
In Re JH
2000 MT 11 (Montana Supreme Court, 2000)
In re Declaring E.W.
1998 MT 135 (Montana Supreme Court, 1998)
In re J.H.
2000 MT 11 (Montana Supreme Court, 2000)
In re Declaring of B.F.
2000 MT 231 (Montana Supreme Court, 2000)

Cite This Page — Counsel Stack

Bluebook (online)
2000 MT 231, 8 P.3d 790, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-bf-mont-2000.