Matter of L.M.F. N.R.F. N.M.F.

2017 MT 14N
CourtMontana Supreme Court
DecidedJanuary 24, 2017
Docket16-0415
StatusPublished

This text of 2017 MT 14N (Matter of L.M.F. N.R.F. N.M.F.) 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
Matter of L.M.F. N.R.F. N.M.F., 2017 MT 14N (Mo. 2017).

Opinion

01/24/2017

DA 16-0415

IN THE SUPREME COURT OF THE STATE OF MONTANA

2017 MT 14N

IN THE MATTER OF:

L.M.F., N.R.F., N.M.F., K.J.F., and K.W.F.,

Youths in Need of Care.

APPEAL FROM: District Court of the Thirteenth Judicial District, In and For the County of Yellowstone, Cause Nos. DN 14-006, DN 14-009, DN 14-131, DN 14-007, and DN 14-008 Honorable Mary Jane Knisely, Presiding Judge

COUNSEL OF RECORD:

For Appellant:

Tracy Labin Rhodes, Attorney at Law, Missoula, Montana

For Appellee:

Timothy C. Fox, Montana Attorney General, Katie F. Schulz, Assistant Attorney General, Helena, Montana

Scott D. Twito, Yellowstone County Attorney, Corbit S. Harrington, Deputy County Attorney, Billings, Montana

Submitted on Briefs: December 28, 2016

Decided: January 24, 2017

Filed:

__________________________________________ Clerk Chief Justice Mike McGrath delivered the Opinion of the Court.

¶1 Pursuant to Section I, Paragraph 3(c), Montana Supreme Court Internal Operating

Rules, this case is decided by memorandum opinion and shall not be cited and does not

serve as precedent. Its case title, cause number, and disposition shall be included in this

Court’s quarterly list of noncitable cases published in the Pacific Reporter and Montana

Reports.

¶2 L.F. (Mother) appeals from the May 14, 2016 order terminating her parental rights

to her children L.M.F., N.R.F., N.M.F., K.J.F., and K.W.F. We affirm.

¶3 In September 2013, the Department of Public Health and Human Services

(Department) received reports of concern for Mother’s children. To increase Mother’s

parenting skills the family began home visits with Barb Wood of the Family Support

Network. Wood reported the home was chaotic including fighting, joblessness, forced

evictions, and homelessness. Mother lacked parenting skills and neglected the children’s

needs. Due to her continuing crises, she was unable to make progress in her parenting

skills. The Department received a report of alleged physical abuse in the home by the

father of one of the children in November 2013.1 Mother began regularly attending

mental health counselling and had an initial psychological evaluation. The oldest two

children were diagnosed with special needs. Mother appeared to have no real emotional

connection with the children.

1 Adoptive Father relinquished all parental rights in December 2014 and the Court terminated his rights. This appeal only involves Mother. 2 ¶4 L.M.F., N.R.F., N.M.F., and K.J.F. were removed from Mother’s care on February

11, 2014, after Mother displayed physical violence toward one child after losing her

temper. The Department filed a Petition for Emergency Protective Services (EPS),

Adjudication as Youths in Need of Care (YINC), and Temporary Legal Custody (TLC).

Mother stipulated to the adjudication as YINC at the show cause hearing in March 2014,

and the children were adjudicated as such in April 2014. The four cases were

consolidated. In March 2014, Mother had a neuropsychological evaluation, which

indicated she was mildly impaired though functional, had depression, anxiety,

post-traumatic stress disorder, as well as symptoms consistent with borderline personality

disorder. Testimony indicated Mother’s mental health and personality disorders created a

high risk of harm to the children through violence and neglect.

¶5 In June 2014, Mother participated in the creation of and signed a treatment plan,

which the District Court approved. Neither Mother nor her counsel objected to the

treatment plan. The plan called for Mother to complete significant activities to address

her mental health, anger management, and domestic violence issues. It required her to

improve her parenting skills, to improve and maintain her parent-child relationships, and

to internalize and show progress in those skills. Finally, she was required to provide a

safe, stable, and healthy environment for her children. Mother completed psychological

exams, violence risk assessments, and parenting assessments.

¶6 In October 2014, Mother had a fifth child, K.W.F., who was placed immediately

with the Department, adjudicated as a YINC, and TLC was granted. On December 20,

2014, Mother was arrested for partner/family member assault.

3 ¶7 The Department was concerned that Mother was not internalizing her treatment,

demonstrating sufficient parenting abilities or lifestyle changes, and continued to be

unable to understand how her actions and stress influenced her parenting abilities and her

children. At a visitation with the children, Mother seemed unable to engage with them.

She was defensive, inconsistent, and frustrated with the children and unable to understand

the children’s needs. However, Mother continued working on her treatment plan through

May 2015. TLC was extended multiple times based on Mother’s engagement with the

Department and her ongoing work with her treatment plan. A status hearing was held in

September 2015.

¶8 In December 2015, the Department filed for termination of Mother’s parental

rights to her five children, based on the fact that she had not completed the treatment plan

and her inability to “benefit from the services at a level which allows her to safely parent

her children.” The termination of parental rights hearing concluded after five days of

testimony. The District Court terminated Mother’s parental rights, finding the treatment

plan was appropriate, yet not successful, and that the condition of Mother rendering her

unfit was unlikely to change within a reasonable time.

¶9 This Court reviews a district court’s decision to terminate parental rights for an

abuse of discretion. In re T.S., 2013 MT 274, ¶ 21, 372 Mont. 79, 310 P.3d 538. A

district court’s decision to terminate a parent’s rights will not be disturbed on appeal

unless there is a mistake of law or a finding of fact not supported by substantial evidence

that would amount to a clear abuse of discretion. In re A.S., 2016 MT 156, ¶ 11, 384

Mont. 41, 373 P.3d 848.

4 ¶10 We review a district court’s findings of fact to determine whether they are clearly

erroneous and its conclusions of law to determine whether they are correct. In re A.S.,

¶ 11; In re T.S., ¶ 21. “A factual finding is considered clearly erroneous if it is not

supported by substantial evidence, if the district court misapprehended the effect of the

evidence underlying the finding, or if a review of the record leaves this Court with a

definite and firm conviction that a mistake has been made.” In re D.F., 2007 MT 147,

¶ 21, 337 Mont. 461, 161 P.3d 825; In re D.T.H., 2001 MT 138, ¶ 7, 305 Mont. 502, 29

P.3d 1003. An appellant bears the burden of establishing the district court’s findings are

clearly erroneous. In re D.F., ¶ 22.

¶11 Mother does not disagree that the treatment plan prepared for her was not

successful; rather, she argues the treatment plan did not take into account her learning

disability and special needs.

¶12 When a parent fails to challenge the appropriateness of her treatment plan, when

represented by counsel, after signing the plan, and never objecting, that parent forfeits the

opportunity to challenge the appropriateness of the plan on appeal. In re A.A., 2005 MT

119, ¶¶ 21-26, 327 Mont. 127, 112 P.3d 993; In re T.S., ¶¶ 25-26; In re D.S.B., 2013 MT

112, ¶ 10, 370 Mont. 37, 300 P.3d 702. Here, Mother, represented by counsel, never

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Related

In re D.T.H.
2001 MT 138 (Montana Supreme Court, 2001)
In re A.A.
2005 MT 119 (Montana Supreme Court, 2005)
In re D.F.
2007 MT 147 (Montana Supreme Court, 2007)
In re D.S.B.
2013 MT 112 (Montana Supreme Court, 2013)
In re T.S.
2013 MT 274 (Montana Supreme Court, 2013)
In re K.L.
2014 MT 28 (Montana Supreme Court, 2014)
In re T.D.H.
2015 MT 244 (Montana Supreme Court, 2015)
In re A.S.
2016 MT 156 (Montana Supreme Court, 2016)
Matter of L.M.F.
2017 MT 14N (Montana Supreme Court, 2017)

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Bluebook (online)
2017 MT 14N, Counsel Stack Legal Research, https://law.counselstack.com/opinion/matter-of-lmf-nrf-nmf-mont-2017.