In re N.W., DA 16-0049

• Decision Date: 06 December 2016
• Docket Number: DA 16-0049
• Citation: 386 Mont. 5,386 P.3d 567 (Table)
• Parties: In the Matter of: N.W., A Youth in Need of Care.
• Court: Montana Supreme Court

386 Mont. 5

386 P.3d 567 (Table)

In the Matter of: N.W., A Youth in Need of Care.

DA 16-0049

Supreme Court of Montana.

Submitted on Briefs: October 5, 2016

Decided: December 6, 2016

For Appellant: Shannon Hathaway, Montana Legal Justice, PLLC, Missoula, Montana.

For Appellee: Timothy C. Fox, Montana Attorney General, Katie F. Schulz, Assistant Attorney General, Helena, Montana, Ben Krakowka, Deer Lodge County Attorney, Ellen Donohoe, Deputy County Attorney, Anaconda, Montana.

Justice Patricia Cotter 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 Biological father, W.W. (Father), appeals from a December 2015 order of the Third Judicial District Court, Deer Lodge County, terminating his parental rights to N.W. We affirm.

¶ 3 On August 8, 2013, the Montana Department of Health and Human Services, Child and Family Services Division (CFS), received a report alleging that N.W., a newborn, was in danger of being abused and/or neglected as her biological mother, P.J. (Mother), had medical and mental health issues that were not being properly addressed. On August 14, 2013, CFS received another report regarding N.W. after an incident at the Pintler Medical Clinic in Anaconda, Montana. Clinic staff called law enforcement after Father's threatening behavior made the staff concerned for the safety of Mother and N.W. CFS subsequently removed N.W. from parental care and placed N.W. in out-of-home foster care with N.W.'s maternal grandparents. On August 19, 2013, the Department of Public Health and Human Services (Department) filed a Petition for Emergency Protective Services, Adjudication as Youth in Need of Care and Granting Temporary Custody. On September 6, 2013, the District Court adjudicated N.W. a youth in need of care, and temporary legal custody was granted to the Department.

¶ 4 On October 2, 2013, the District Court held a hearing and approved a Treatment Plan for Father. At a hearing in March 2014, the District Court expressed concerns that Father appeared to be "going through the motions," regarding his obligations under the Treatment Plan, and noted that it appeared Father did not believe he needed to change. Subsequently, Father stipulated to a new Treatment Plan in April 2014. This cycle would occur once more in the following year. After the same concerns were raised before the District Court at a hearing in October 2014, Father once again stipulated to a new Treatment Plan.

¶ 5 In March 2015, CFS filed a Petition for Termination of Parental Rights and Permanent Legal Custody with Right to Consent to Adoption. In April 2015, Mother voluntarily relinquished her parental rights to N.W. The District Court held a hearing in July 2015 to determine whether to terminate Father's parental rights. During the hearing, CFS presented extensive evidence, including testimony from Dr. Susan Day, a licensed clinical psychologist who evaluated Father on two separate occasions, Dr. Bowman Smelko, a licensed clinical psychologist who evaluated Father in January 2015, Renee Riley-Finnegan, a mental health therapist who had worked with Father from March 2014 until February 2015, and Colleen McGuire, an employee of the Anaconda Family Resource Center who supervised visits between N.W. and Father and Mother from January 2014 until February 2015. All four witnesses called by the Department expressed significant concerns regarding Father's behavior and ability to care for N.W. Also, Grace Schapansky, a CFS Child Protection Specialist, testified that Father did not successfully complete any of his three Treatment Plans. Following the conclusion of the hearing, the District Court determined that Father's conduct and condition rendered him unfit to parent N.W. The District Court found that continuation of the parent-child legal relationship between N.W. and Father was likely to result in continued abuse and/or neglect. The District Court determined that CFS had...