In re J.W.

2013 MT 201, 307 P.3d 274, 371 Mont. 98, 2013 WL 3810624, 2013 Mont. LEXIS 254
CourtMontana Supreme Court
DecidedJuly 23, 2013
DocketNo. DA 13-0051
StatusPublished
Cited by11 cases

This text of 2013 MT 201 (In re J.W.) 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 J.W., 2013 MT 201, 307 P.3d 274, 371 Mont. 98, 2013 WL 3810624, 2013 Mont. LEXIS 254 (Mo. 2013).

Opinion

JUSTICE RICE

delivered the Opinion of the Court.

¶1 A.L. appeals from the Order of the Sixth Judicial District Court, Park County, terminating her parental rights to five-year-old J.W. We affirm, and address the issues:

¶2 1. Did the District Court err by failing to conduct a stand-alone hearing on whether the Department should be required to make reasonable efforts to reunify Mother and J.W. ?

¶3 2. Did the District Court commit reversible error by failing to conduct a permanency plan hearing?

¶4 3. Did the District Court err by concluding that the circumstances surrounding Mother’s prior terminations in Colorado were relevant to her parenting ofJ. W. ?

FACTUAL AND PROCEDURAL BACKGROUND

¶5 A.L. (Mother) and C.W. (Father) are the biological parents of J.W., a girl. On December 24, 2012, the District Court terminated Mother’s parental rights to J.W. because it determined that Mother’s unfit parenting behavior had not changed since a Colorado court had terminated her rights to two other children. Mother argues that her previously unfit parenting in Colorado should not provide a basis for terminating her parental rights to J.W. because she has changed.

Termination of Mother’s Parental Rights to A.K.M.H. and Q.D.J.W.

¶6 Mother is the biological mother of four children born from 1996 to 2008: Aus. L. (1996), A.K.M.H. (2002), Q.D.J.W. (2005), and J.W. (2008). In 2005, Mother and Father were living together in Colorado. Following a domestic violence incident between Mother and Father, the Clear Creek County Department of Human Services (CCDHS) instituted a child-abuse investigation regarding Mother’s three children (J.W. was not yet born). The investigation determined that Mother had a history of violence with her domestic partners, used dangerous drugs, and had prior involvement with child protective [100]*100services in Washington and Idaho. In an attempt to remedy her parenting problems, CCDHS instituted a treatment plan to which Mother agreed. The plan required Mother to, among other things, maintain a clean and sober lifestyle, complete a drug and alcohol evaluation, attend to the medical and mental health needs of her children, stay violence free, and generally be able to parent her children. People ex rel. A.J.L., 243 P.3d 244, 247 (Colo. 2010). Mother failed to comply with the treatment plan: she continued to use drugs and tested positive for methamphetamine several times between October 2006 and March 2007. In May 2007, against the advice of the CCDHS treatment team, Mother moved to Montana, leaving A.K.M.H. and Q.D. J.W. behind. Mother told CCDHS that she was moving “to get away from [Father] and because she did not trust the CCDHS treatment team.” People ex rel. A.J.L., 243 P.3d at 247. Truth be told, however, Mother and Father were living together in Livingston, Montana. Mother continued to lie to CCDHS caseworkers about not living with Father because their violent relationship was a primary reason CCDHS was seeking removal of A.K.D.H. and Q.D.J.W.

¶7 In January and February 2009, a Colorado trial court held a three-day trial, which Mother attended, on CCDHS’s petition to terminate Mother’s parental rights to A.K.M.H. and Q.D.J.W. (Aus. L. was not subject to this proceeding). Based on the testimony, the court terminated Mother’s rights because she was “unfit as a parent and unlikely to change within a reasonable period of time”:

At trial, the People produced substantial evidence and elicited testimony from witnesses supporting its contention that mother continues to deny the severity of abuse she inflicted on [A.K.M.H. and Q.D.J.W.]. They also produced evidence and elicited testimony from witnesses showing that mother’s inability or unwillingness to acknowledge the abuse and its impact on her children placed a substantial roadblock between mother and her ability to safely and effectively parent [A.K.M.H. and Q.D.J.W.]. While on the stand, at trial, mother admitted to abusing her oldest son [Aus. L.], but denied that she ever physically abused [A.K.M.H. and Q.D.J.W.] or withheld food from them.
Contrary to mother’s testimony, ... the trial court found that mother left the children without supervision and food; mother and [Father] physically disciplined the children with belts, spoons, and hands; mother confined the children to a dark closet for long periods of time; and the children witnessed domestic violence between mother and [Father].

[101]*101People ex rel. A.J.L., 243 P.3d at 248-49.

Termination of Mother’s Parental Rights to J.W.

¶8 Mother gave birth to J.W. in 2008. She continued to be involved in violent domestic relationships. In January 2011, the Department received a report that Mother was intoxicated and fighting with an ex-boyfriend. When Aus. L. tried to stop the fight, the ex-boyfriend began hitting him and the ex-boyfriend’s father pulled a gun on Aus. L.

¶9 Mother also continued to abuse drugs and alcohol. On February 9,2012, the Department received a report that Mother had left Aus. L. and J.W. with another ex-boyfriend and had been missing for three days. When the ex-boyfriend went to Mother’s house, she refused to open the door because she “was too drunk.” Later that afternoon, Mother came to the ex-boyfriend’s house to pick up her children, but told Aus. L. that he had to move out. Aus. L. subsequently moved in with Father.1

¶10 Over the next few days, Christopher Bly (Bly), a Child Protection Specialist for the Department made unannounced visits to Mother’s home but no one answered the door. Bly was subsequently informed by Aus. L.’s juvenile probation officer that Aus. L. was residing in a youth home in Bozeman because Mother had kicked him out of Father’s residence. Bly visited Aus. L., who stated that he was sad that his mother had “abandoned him” but was more concerned that there was no one to take care of J.W. in his absence. Aus. L. usually took care of J.W. when Mother was drinking.

¶11 On February 29, 2012, the Department filed a Petition for Emergency Protective Services and Temporary Investigative Authority, seeking leave to investigate J.W.’s well-being and to temporarily place J.W. in a home out of Mother’s custody if the circumstances required. The District Court granted the request, and ordered that David Stanley serve as J.W.’s Court Appointed Special Advocate and Guardian Ad Litem (CASA Stanley). The Department and CASA Stanley immediately tried to make contact with Mother to assess J.W.’s well-being. However, Mother did not answer or return their phone calls. On March 2,2012, Father, with Mother’s permission, absconded with J.W. to Washington State, where he left J.W. with her maternal grandmother.

¶ 12 CASA Stanley visited the grandmother’s home in Washington and described the living situation as “wholly inappropriate” for J.W. The [102]*102grandmother had neither the resources nor the personal strength to care for J.W. She struggled with alcohol abuse and had been the subject of prior child neglect findings in that state. CASA Stanley described Mother’s placement of J.W. with the grandmother as “desperate and neglectful.” After it was determined the maternal grandmother was not an appropriate placement, J.W. was returned to Montana and placed in a foster home.

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Cite This Page — Counsel Stack

Bluebook (online)
2013 MT 201, 307 P.3d 274, 371 Mont. 98, 2013 WL 3810624, 2013 Mont. LEXIS 254, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-jw-mont-2013.