In re B.N.

802 P.2d 1244, 245 Mont. 511, 47 State Rptr. 2225, 1990 Mont. LEXIS 391
CourtMontana Supreme Court
DecidedDecember 11, 1990
DocketNo. 90-297
StatusPublished
Cited by2 cases

This text of 802 P.2d 1244 (In re B.N.) 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 B.N., 802 P.2d 1244, 245 Mont. 511, 47 State Rptr. 2225, 1990 Mont. LEXIS 391 (Mo. 1990).

Opinion

CHIEF JUSTICE TURNAGE

delivered the Opinion of the Court.

R.N.M. (mother) and T.N. (father), parents of B.N. and T.N., appeal the judgment of the First Judicial District, Lewis and Clark County, which terminated their custodial rights of their children and awarded legal custody to the Montana Department of Family Services. The paternal grandparents of the children also join in the appeal. We affirm.

The issue presented on appeal is whether the record lacked substantial evidence to support the District Court’s order to terminate the natural parents’ custodial rights of their two children.

The mother and father married in 1980. The marriage produced two daughters, B.N., born November 7, 1980, and T.N., born October 27, 1981. The marriage also marked the beginning of a ten-year history of family turmoil and parental neglect as recorded by the Lewis & Clark County Department of Family Services (Department).

In 1980 and just thirty-two days following B.N.’s birth, the Department began receiving reports lodged against either one or both of the parents for parental neglect. Three months following T.N.’s birth, T.N. was hospitalized for “failure to thrive.”

In 1982, Dr. Robert J. Bateen, a clinical psychologist, evaluated mother and father at the request of the Child Protective Services. Dr. Bateen found that mother had a low IQ of seventy-six and that she was an “overwhelmed mother who was lacking in skills.” Dr. Bateen [513]*513found that father had an even lower IQ of fifty-nine, rendering him a mental age of a first or second grader. Dr. Bateen also established father’s history of physical violence through accounts given by mother.

Later in 1982, the Department received a report alleging that father was physically abusing his wife and his oldest daughter, B.N. This report was followed by the October 27, 1982, filing of an abuse complaint lodged against father by a social worker of the Department, who was at St. Peter’s Hospital when B.N. was receiving treatment for contusions, bruising, and swelling to the head area, injuries allegedly inflicted by father.

No legal action was pursued against the parents at this time as mother decided to live apart from father, and father consented to evaluation and treatment at Montana State Hospital in Warm Springs. Upon his release from this hospital, however, the Department received reports that father had returned to living at the family residence, contrary to an informal agreement between the Department and the parents.

On April 14, 1983, the State petitioned the District Court for temporary custody and temporary investigative authority regarding B.N. and T.N., based on further reports of father’s violent behavior and both parents’ neglectful behavior toward their children. The children were temporarily placed in foster care, but were eventually returned to their mother, who then departed with the children to Wyoming in August of 1983. Following mother’s departure, father petitioned for dissolution of marriage on September 7, 1983.

The petition for temporary custody and temporary investigative authority resulted in a court-ordered custody investigation by Rita Pickering of Lewis & Clark County Human Services. In her report to the court, dated February 17, 1984, Pickering recommended that 1) mother be given custody of the children while she continues professional counseling to improve and monitor her parenting skills, and, 2) father be given supervised visitation rights. Pickering’s report stated that mother had few developed parenting skills, but she had the potential and desire to learn to care for her children. Pickering’s report further stated that father’s “history of poor frustration control” created a potentially dangerous situation for the children.

In August of 1984, mother and father signed a custody agreement which granted mother sole custody of the children ánd granted father supervised visitation rights. On January 16,1985, the court dissolved [514]*514the parents’ marriage incorporating the custody agreement into the decree. No further action was pursued with regard to the petition for temporary custody and temporary investigative authority, and it was eventually dismissed on July 7, 1987.

From the time of the custody agreement through 1988, father, along with his parents, regularly contested mother’s refusal to grant father supervised visitation rights and questioned if mother was providing adequate care to the girls. These disputes resulted in three petitions to enforce visitation rights. Meanwhile, mother entered a common-law marriage with B.M., a long-haul truck driver, and had three more children: M.M., bom June 16, 1986; A.M., bom Febmary 18, 1988; and T.M., bom August 19, 1989. Mother, B.M. and all the children resided mainly in Idaho and Washington at this time, but eventually moved to Helena in 1989.

In July, 1988, the State filed a second petition for temporary custody and investigative authority based upon an incident involving mother’s brother and his girlfriend of Helena. On July 16, 1988, mother and B.M. left the children (except T.M., who was not yet born), with mother’s brother and his girlfriend so mother could accompany B.M. on a long-haul tmcking trip. Mother assured her brother that they would return in several days. She gave her brother and his girlfriend $20.00 to cover the costs associated with the children’s care, and left clothing for the children, some covered with human feces and so filthy that the clothing was discarded. Additionally, T.N. had head lice, which had been left untreated by mother. Mother and B.M. did not return for the children for one month.

Following a preliminary investigation, records of the Department revealed that several reports of neglect and abuse were lodged against the family while living in Idaho and that Idaho welfare workers reported a consistent lack of success in working with mother and B.M. to remedy the problems.

On August 4,1988, the District Court granted the State temporary custody of all the children and temporary investigative authority. B.N. and T.N. were placed in foster care with their paternal grandparents. In December of 1988, all parties stipulated to the entry of a treatment plan. B.M. and mother recovered custody of M.M. andA.M. a few days before Christmas of 1988. On January 18, 1989, the District Court adjudicated all the children as youths in need of care.

B.M. and mother once again became parents when T.M. was born on August 19, 1989. Following his birth, the treatment plan was [515]*515extended to include T.M. as well. Currently, mother and B.M. continue to have custody of M.M., A.M., and T.M., and are complying with the treatment plan. The District Court approved the treatment plan on March 14, 1989.

Mother and B.M., however, did not recover physical custody of B.N. and T.N., and they continued to reside in the home of their paternal grandparents until October 27, 1989. While living with their grandparents, the girls began therapy with Mary Grace Black, a licensed clinical social worker, who assessed that both girls had suffered physical, emotional, and sexual abuse while residing with their mother and B.M. While living with their grandparents, the girls’ school attendance and performance improved; however, further problems ensued.

Initially, father resided with the paternal grandparents when they assumed physical custody of the girls.

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Cite This Page — Counsel Stack

Bluebook (online)
802 P.2d 1244, 245 Mont. 511, 47 State Rptr. 2225, 1990 Mont. LEXIS 391, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-bn-mont-1990.