In re S.C.

2003 MT 93, 68 P.3d 685, 315 Mont. 188, 2003 Mont. LEXIS 169
CourtMontana Supreme Court
DecidedApril 22, 2003
DocketNo. 02-684
StatusPublished
Cited by4 cases

This text of 2003 MT 93 (In re S.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 S.C., 2003 MT 93, 68 P.3d 685, 315 Mont. 188, 2003 Mont. LEXIS 169 (Mo. 2003).

Opinion

CHIEF JUSTICE GRAY

delivered the Opinion of the Court.

¶1 The birth mother of S.C., M.J., C.C. and K.C. appeals from the order of the Eighth Judicial District Court, Cascade County, terminating her parental rights to the four children. We affirm.

¶2 The issue on appeal is whether the District Court’s finding that the condition rendering the mother unfit is unlikely to change within a reasonable time is clearly erroneous.

¶3 The underlying action was filed in February of 2001, after the Department of Public Health and Human Services (Department) took M. J., C.C. and K.C.-then ages 8,5, and 2, respectively-into protective custody on the basis of physical neglect. S.C. was bom in November of 2001, and added to the case at that time. The Department requested temporary legal custody of the children due to its involvement with the family since February of 2000.

¶4 In an affidavit attached to the petition for temporary legal custody, Rachel Coutu, a Department social worker, detailed her first visit to the mother’s apartment in May of 2000. At that time, Coutu was following up on referrals to the Department stating that K.C. had bruises on her arm and C.C. often was brought to school very dirty and with a strong urine odor. The Department previously had advised the mother of available resources, including counselors, in February of 2000 after the father of M.J., C.C. and K.C.-who had since moved out of the home-assaulted the mother.

¶5 When Coutu arrived at the apartment, the mother was lying on a bare mattress in the bedroom with her children, watching television. The mother said she had not sent M.J. and C.C. to school that day because she was sick. K.C. was not bruised, but she was naked and covered with ink from soft-tip markers. Coutu observed dirty clothes, silverware, laundry soap, junk, feces, and old food strewn on the floor, plastic containers sitting on the gas stove burners, and a sharp knife on the counter within the children’s reach. Based on the filthy and dangerous conditions, Coutu removed the children.

¶6 Coutu’s affidavit continued by reporting what she subsequently learned of C.C.’s difficulties at the local Head Start program and M. J.’s problems at school. Head Start reported that C.C. always seemed to wear clothes that were too large for him and had begun coming to school in dirty and inappropriate clothes (for example, sockless sandals on a day it was snowing). C.C.’s attendance at Head Start had been [190]*190spotty and sometimes no one was home when the driver of the Head Start van tried to drop him off after class. M.J. had been coming to school with a dirty body and clothing and the teachers had been washing him up as best they could.

¶7 The children were returned to the mother in July of 2000, with parenting instruction services continuing in the home. During that summer and fall, the Department received additional referrals, some of which alleged that the mother was living and associating with .violent offenders and convicted child molesters.

¶8 Coutu again removed the children from the mother’s custody in February of 2001. This removal was precipitated when the mother’s apartment manager called the Department around 4 o’clock one afternoon to report that M.J. and K.C. had come to his office saying they had been locked out of the house. A few minutes after Coutu arrived at the apartment manager’s office, the mother appeared with C.C. She said she had been upstairs in the bathroom when M.J. and K.C. left the house and had been looking for them ever since. She then changed her story and said she had gone to a neighbor’s to make a telephone call, after instructing the other two children not to go outside.

¶9 Coutu again placed M.J., C.C. and K.C. in foster care, and the mother agreed to a treatment plan. When S.C. was born some nine months later, she was immediately placed in foster care as well.

¶10 The mother’s treatment plan required her to successfully complete parenting classes, maintain adequate housing and a safe environment for the children and begin mental health counseling and anger management classes. It also required her to attend scheduled visits with the children, maintain contact with the children, and cooperate with the Department.

¶11 As part of the mother’s treatment plan, Dr. Pete Stivers, a clinical psychologist, conducted a multi-part psychological evaluation of her. At a hearing held just prior to the Department’s filing of a petition to terminate the mother’s parental rights, Stivers testified that the mother’s intelligence was in the borderline range of ability, making it difficult for her to successfully engage in problem solving in complex or ambiguous situations. In addition, he diagnosed a personality disorder and chronic low-grade depression. Stivers testified that, because of these problems, the mother has great difficulty functioning with ordinary everyday stressors such as paying bills and getting places on time. He testified that parenting multiple children is difficult for her, especially because her children have disabilities. According to Stivers, the mother could probably parent if a parenting aide and [191]*191therapist worked with her on a regular basis but, without that assistance, her problem-solving abilities were “overwhelm[ed].”

¶12 Department social worker Vickie Leighland testified the mother had completed the court-approved treatment plan, but Leighland did not believe the mother was able to integrate or apply what she had learned because of her cognitive difficulties. Leighland testified that the mother continued to be attracted to men who are involved in the criminal justice system.

[The mother] goes up to the jail to visit different men. She takes her kids up to the jail... a lot of these men are felony offenders. They’re violent offenders, they’re possible sexual offenders.... And I know that she was having these children call these men “uncle.” She writes to men in prison.

Leighland further testified that, while the mother completed her treatment plan, her insight was very limited and she was not able to integrate what she had learned.

¶13 The director of a Healthy Mothers/Healthy Babies parenting program in which the mother, M.J., C.C. and K.C. participated testified that, on several occasions, the mother did not notice that her children had left the room while under her supervision, and then did not know where they were. A Healthy Mothers/Healthy Babies parent educator testified she was concerned that the mother talked to her children, especially the oldest, more as adults than as children and may not be able to recognize or meet the children’s basic needs.

¶14 The Department filed a petition to terminate parental rights in February of 2002. At the hearing on that petition, professional psychologist Dr. Patrick Davis testified that he had also done a psychological evaluation of the mother, and agreed with Stivers. Davis testified that, in addition to being limited by a third-grade reading level, the mother had “a number of different types of problematic personality traits, which are described in the jargon as schizoid, avoidant, depressive, self-defeating and paranoid.” Davis testified it would be difficult for the mother to manage day-to-day problems children might have under the best of circumstances but, because her children had learning disabilities and emotional and behavioral issues, she was likely to have great difficulty coming up with appropriate and effective solutions to her children’s problems.

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Related

In re J.B.K.
2004 MT 202 (Montana Supreme Court, 2004)
Matter of A.R. M.R.
2003 MT 280N (Montana Supreme Court, 2003)
Matter of S.C.
2003 MT 93 (Montana Supreme Court, 2003)

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Bluebook (online)
2003 MT 93, 68 P.3d 685, 315 Mont. 188, 2003 Mont. LEXIS 169, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-sc-mont-2003.