In re E.Z.C.

2013 MT 123, 300 P.3d 1174, 370 Mont. 116, 2013 WL 1896275, 2013 Mont. LEXIS 152
CourtMontana Supreme Court
DecidedMay 7, 2013
DocketNo. DA 12-0678
StatusPublished
Cited by33 cases

This text of 2013 MT 123 (In re E.Z.C.) 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 E.Z.C., 2013 MT 123, 300 P.3d 1174, 370 Mont. 116, 2013 WL 1896275, 2013 Mont. LEXIS 152 (Mo. 2013).

Opinion

JUSTICE WHEAT

delivered the Opinion of the Court.

¶1 J.C. (Mother) appeals from an order of the Sixth Judicial District Court, Park County, terminating her parental rights to her two children, E.B.C. and E.Z.C (the children). We affirm.

[117]*117¶2 We review the following issue on appeal:

¶3 Did the District Court err when it found Mother subjected the children to chronic abuse or chronic, severe neglect and terminated her parental rights without requiring reunification efforts and a treatment plan?

FACTUAL AND PROCEDURAL BACKGROUND

¶4 Mother and C.C. (Father) are the biological parents of the children. On January 18, 2012, law enforcement searched Mother’s home, where she resided with three-year-old E.B.C. and seven-year-old E.Z.C, and discovered methamphetamine and drug paraphernalia in Mother’s room. Mother and E.B.C. were home during the search; E.Z.C. was at school. Father was incarcerated in Lewis County Washington jail at the time. Mother was arrested for possessing methamphetamine and for criminal endangerment and the children were placed in foster care.

¶5 On January 25, 2012, the Department of Public Health and Human Services (Department) filed a petition for immediate protection and emergency protective services, for adjudication as youth in need of care and for temporary legal custody (TLC) in regard to the children. The District Court granted immediate protection and emergency protective services and, after conducting a show cause hearing on February 28, 2012, determined there was probable cause the children were youths in need of care and granted the State TLC.

¶6 On April 2, 2012, the Department filed a petition to terminate Mother’s parental rights and approve a permanency plan. The Department asserted that Mother subjected the children to aggravated circumstances pursuant to § 41-3-423(2)(a), MCA, and reunification efforts were not required. An adjudicatory hearing was held on May 14, 2012, at which time the court heard testimony from several witnesses. Among them was Jacqui Poe (Poe), a Department social worker with extensive experience and training in the investigation of child abuse, neglect, and endangerment. Poe is the case worker assigned to this matter and was called upon to find placement for the children after law enforcement searched Mother’s home. Poe testified to the dirty conditions of the house-it was cluttered, had “stuff that was splattered on the side of the wall,” and smelled like “rotten food, garbage, dirty laundry, body odor, cigarette smoke ....” Poe observed rats and animal feces on the children’s bed, and noted the bed did not have any sheets on it. According to the children, the rats were pets. Poe stated E.B.C. was dirty with matted, tangled hair and had chocolate all over her face. E.B.C. told Poe that she consumed a candy [118]*118bar for breakfast, and E.Z.C. later said that their diet was chips, candy, and popsicles. Poe also observed sores on E.B.C.’s face and scratches on her arms and legs. E.B.C. did not have warm winter clothing.

¶7 After transporting E.B.C. to a foster home, Poe picked up E.Z.C. from school and noted that he also did not have warm winter clothing. Poe testified that E.Z.C. told her he felt unsafe at home because he and E.B.C. were frequently left alone-sometimes at night-and that he was required to take care of his three-year-old sister. Poe also stated that E.Z.C. described drug paraphernalia he had seen in his home and explained what Mother used them for. Poe testified that after the children were put in foster care, E.B.C. began to exhibit “bizarre behaviors” that were consistent with methamphetamine use. She had night sweats, was vomiting, and complained of things “crawling all over her.” Patrick Minno, a scientist who conducts drug testing at Omega Laboratories, testified that a hair follicle test performed on E.B.C. came back positive for a low level of methamphetamine use. ¶8 Poe briefly testified about Mother’s prior involvement with the Department and other child protective services. Specifically, Poe stated that in 2002, Mother relinquished her parental rights to a child in Washington State because the child was born with methamphetamine in his system. A few years later, in 2007, E.Z.C. was placed in foster care for approximately six months after Mother and Father were arrested for operating a marijuana grow operation and Mother admitted to using methamphetamine.

¶9 Detective Shawn Misner, one of the many detectives who searched Mother’s home on January 18, 2012, also testified at the adjudicatory hearing. Detective Misner described the methamphetamine and drug paraphernalia discovered in Mother’s bedroom, and noted the items were found in places that were “very accessible to a young child.”

¶10 Jim Huntzicker, the principal at E.Z.C.’s school, testified to E.Z.C.’s attendance and performance at school. Huntzicker informed the court that when E.Z.C. lived with Mother he missed approximately one quarter of his school days and often times did not complete his homework. During this time E.Z.C. was quiet, constantly complained of being hungry, and on occasion was not picked up from school by Mother. Huntzicker testified to a drastic improvement in E.Z.C.’s attendance and school performance since being placed in foster care.

¶11 The court also heard from Dr. Todd Steinmetz and Dr. Kathryn Wells. Dr. Steinmetz is an expert in pediatric dentistry who has provided dental care to E.B.C. since 2009. Dr. Steinmetz testified that over the past few years he has treated E.B.C. for tooth decay and an [119]*119“excessive amount of childhood cavities,” which included crowning and performing root canals on all four of E.B.C.’s front primary incisors.

¶12 Dr. Wells is an expert in child abuse pediatrics who testified about the risks and side effects associated with methamphetamine use. Specifically, Dr. Wells testified that methamphetamine ingestion by a young child could be toxic to the child and potentially fatal. Further, Dr. Wells addressed the concern that methamphetamine users cannot meet the needs of children, explaining that users often binge on the drug and then crash for days at a time during which they prioritize their drug use beyond anything else, including caring for their children.

¶13 At the end of the hearing, the District Court determined the children were “chronically and severely neglected” and were youths in need of care. The court ordered a dispositional hearing for June 26, 2012.

¶14 At the dispositional hearing, Poe expanded upon her testimony of the Department’s prior involvement with Mother. Poe explained that in March 2007, E.Z.C. was found wandering by a creek unattended. E.Z.C. was three at the time. Law enforcement attempted to locate Mother and Father at their home; Father was home but would not come to the door, and Mother was at work. When Mother came home, law enforcement entered the house and observed that it was extremely dirty and unsanitary and contained a marijuana grow operation of fifty-two marijuana plants. Mother stated she had been using methamphetamine-she admitted she would use it in the bathroom when E.Z.C. was sleeping and then wipe down the surface of the table. E.Z.C. was placed in foster care and the Department offered Mother and Father treatment plans, which included professional addiction treatment. Mother and Father successfully completed the plans and E.Z.C. was returned to their care.

¶15 Poe testified that since the 2007 incident, Mother’s neglect has worsened.

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Bluebook (online)
2013 MT 123, 300 P.3d 1174, 370 Mont. 116, 2013 WL 1896275, 2013 Mont. LEXIS 152, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-ezc-mont-2013.