In re I.T.

2015 MT 43, 343 P.3d 1192, 378 Mont. 239, 2015 Mont. LEXIS 53
CourtMontana Supreme Court
DecidedFebruary 17, 2015
DocketNo. DA 14-0402
StatusPublished
Cited by4 cases

This text of 2015 MT 43 (In re I.T.) 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 I.T., 2015 MT 43, 343 P.3d 1192, 378 Mont. 239, 2015 Mont. LEXIS 53 (Mo. 2015).

Opinion

JUSTICE WHEAT

delivered the Opinion of the Court.

¶1 R.T. (Mother) appeals from the order of the Montana Twentieth Judicial District Court, Sanders County, terminating her parental rights to I.T, her child. We affirm.

ISSUES

¶2 We review the following issues:

[240]*240 1. Did the District Court abuse its discretion when it terminated the parental rights of Mother?
2. Did the District Court err by considering hearsay evidence?
3. Are there equitable grounds upon which relief from the District Court’s order should be granted?

FACTUAL AND PROCEDURAL BACKGROUND

¶3 Mother is the natural mother of I.T., J.T., A.T., and R.T. Her parental rights to J.T., A.T., and R.T. were terminated on February 25, 2013. I.T. was bom soon thereafter, in May 2013. Mother admitted to using opiates, benzodiazepam, and marijuana during her pregnancy with I.T. and to using marijuana a short time following I.T.’s birth. Shortly after birth, I.T. was placed in a neonatal intensive care unit at Kalispell Regional Medical Center for drug withdrawal treatment.

¶4 On June 5, 2013, while I.T. was in the hospital, Mother was arrested for a probation violation. Mother was subsequently sentenced to the Department of Corrections for five years. She was placed at the Elkhorn Treatment Center and remained there through the District Court proceedings in the present case.

¶5 On June 11, 2013, while I.T. remained in the hospital, the Department of Public Health and Human Services (the Department) petitioned for emergency protective services. This petition was granted on June 17, 2013. On October 22, 2013, following an investigation by the Department and a hearing, the District Court determined that I.T. was a Youth in Need of Care. The court temporarily transferred legal custody of I.T. to the Department, and I.T. was placed in foster care.

¶6 On January 30, 2014, following a motion by the Department and a hearing, the District Court ordered that the Department did not need to provide preservation or reunification services for Mother. It found that Mother’s parental rights to I.T.’s siblings were involuntarily terminated and that the conditions rendering Mother unfit in that termination proceeding were unlikely to change.

¶7 On May 27,2014, after several subsequent hearings, the District Court terminated Mother’s parental rights to I.T. It reasoned that “the circumstances related to the [previous] termination of parental rights [we]re relevant to [Mother’s ability to adequately care for I.T.”

¶8 Mother appeals.

STANDARD OF REVIEW

¶9 We review a district court’s decision to terminate parental rights for abuse of discretion. In re L.N., 2014 MT 187, ¶ 12, 375 Mont. 480, 329 P.3d 598. To satisfy the relevant statutory requirements for [241]*241terminating parental rights, a district court must make specific factual findings. In re T.S.B., 2008 MT 23, ¶ 18, 341 Mont. 204, 177 P.3d 429. We review findings of fact for clear error. L.N., ¶ 12; T.S.B., ¶ 18. We review conclusions of law for correctness. L.N., ¶ 12; T.S.B., ¶ 18.

DISCUSSION

¶10 1. Did the District Court abuse its discretion when it terminated the parental rights of Mother?

¶11 If a court determines that a child is abused or neglected, it may terminate the parental rights of the child’s parents. Section 41-3-602, MCA; In re J.W., 2013 MT 201, ¶ 26, 371 Mont. 98, 307 P.3d 274; see T.S.B., ¶ 43. Sections 41-3-601 through -612, MCA, provide the “procedures and criteria” by which such termination may be made. Section 41-3-602, MCA; J.W., ¶ 26. According to these statutes, parental rights can be terminated if it is established by clear and convincing evidence that the parent previously had her parental rights to other children involuntarily terminated under circumstances relevant to her ability to adequately care for the child in question. Sections 41-3-423(2)(e) and -609(l)(d), MCA; L.N., ¶ 23; T.S.B., ¶ 43.

¶12 In this case, while Mother does not contest the District Court’s findings that I.T. was abused and neglected or that her parental rights to her other children had been involuntarily terminated, she contends that there was not substantial evidence for the District Court to find that the circumstances of the past terminations were relevant to her ability to care for I.T.

¶13 We have determined that “[cjircumstances surrounding previous involuntary terminations remain ‘relevant,’ ‘unless the circumstances have changed.’ ”J.W., ¶ 39 (quoting In re A.P., 2007 MT 297, ¶ 30, 340 Mont. 39, 172 P.3d 105; In re K.J.B., 2007 MT 216, ¶ 36, 339 Mont. 28, 168 P.3d 629). We reasoned that “a parent is not to be afforded multiple chances to remedy the same problems at the expense of an abused or neglected child’s welfare.” J. W., ¶ 39.

¶14 Here, the District Court’s finding that Mother’s previous unfit behavior had not changed was not clearly erroneous. It was supported by substantial evidence contained in the record. The previous termination was based primarily on Mother’s chemical dependency. During the hearing in the present case, the District Court heard evidence that Mother had not fully addressed these issues. Mother admitted to using various drugs while pregnant with I.T. and to smoking marijuana shortly after I.T.’s birth. Additionally, while there was evidence that Mother had taken steps to address these issues while incarcerated, Mother testified that she had “probably not” addressed [242]*242her issues sufficiently to overcome the risks of abuse and neglect if I.T. was returned to her care.

¶15 Given such evidence, the District Court’s determination that Mother’s previous terminations were relevant to the present case was supported by substantial evidence. It was, therefore, not clearly erroneous. Accordingly, the District Court did not abuse its discretion when, relying on the previous terminations, it terminated Mother’s parental rights to I.T.

¶16 Mother also argues that the District Court’s finding that “the conduct or condition of [Mother] is unlikely to change within a reasonable time” was not supported by substantial evidence. This finding of fact, while relevant to terminating parental rights under the authority of § 41-3-609(l)(f), MCA, was not necessary to terminating Mother’s parental rights under §§ 41-3-609(l)(d) and -423(2)(e), MCA. See L.N., ¶¶ 23-25; T.S.B., ¶¶ 43-48. As our decision regarding the District Court’s termination using the latter set of statutes is dispositive, we do not consider this argument.

¶17 2. Did the District Court err by considering hearsay evidence?

¶18 Mother contends that the District Court should not have considered hearsay evidence indicating that she tested positive for cocaine shortly before giving birth. In particular, she argues that her medical records and the testimony concerning the drug test should not have been admitted.

¶19 Assuming arguendo that this argument was properly preserved for appeal and that neither item of evidence was admissible, we are not persuaded that such an error requires reversal of the District Court’s order.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Matter of S.M., YINC
2022 MT 187N (Montana Supreme Court, 2022)
In re J.O.
2015 MT 229 (Montana Supreme Court, 2015)
Matter of J.O. YINC
2015 MT 229 (Montana Supreme Court, 2015)
Matter of I.T.
2015 MT 43 (Montana Supreme Court, 2015)

Cite This Page — Counsel Stack

Bluebook (online)
2015 MT 43, 343 P.3d 1192, 378 Mont. 239, 2015 Mont. LEXIS 53, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-it-mont-2015.