Notes of Decisions
Cited in
130
cases (
21 in the last 5 years), 2001–2026 · leading case:
In re D.B., 2007 MT 246 (Mont. 2007).
In re D.B., 2007 MT 246 (Mont. 2007).
· cites it 18× “¶22 Section 41-3-604, MCA, provides that when a child has been in foster care for fifteen of the last twenty-two months, “the best interests of the child must be presumed to be served by termination of parental rights.”
In re R.J.F., 443 P.3d 387 (Mont. 2019).
· cites it 7× “The Department asserts, pursuant to § 41-3-604(1), MCA, termination of Mother's parental rights is presumed to be in Child's best interest.”
In re C.W.E., 2016 MT 2 (Mont. 2016).
· cites it 15× “Did the District Court improperly rely on the statutory presumption contained in § 41-3-604(1), MCA, to conclude that termination of Mother’s parental rights was in her children’s best interests? 3.”
In Re the Custody & Parental Rights of D.A., 2008 MT 247 (Mont. 2008).
· cites it 6× “Section 41-3-604(1), MCA. ¶22 Complete compliance by the parents with a treatment plan is required; partial or even substantial compliance is insufficient under § 41-3-609(1)(f)(i), MCA.”
Matter of D.B. & D.B. YINC., 2007 MT 246 (Mont. 2007).
· cites it 18× “¶22 Section 41-3-604, MCA, provides that when a child has been in foster care for fifteen of the last twenty-two months, “the best interests of the child must be presumed to be served by termination of parental rights.”
Matter of J.B. Jr. YINC, 2016 MT 68 (Mont. 2016).
· cites it 4× “2 It is insignificant here that the District Court articulated this finding to follow the language in § 41-3-609(1)(f)(ii), MCA, and not § 41-3-609(1)(f)(i), MCA. The District Court could have satisfied both subsections by finding “the treatment plan was unsuccessful because of…”
Matter of A.B., YINC, 2020 MT 64 (Mont. 2020).
· cites it 4× “was in out-of-home placement with Grandmother for almost all of the most recent twenty-two months when the Department filed its Termination Petition. ¶33 The District Court found that Mother did not overcome the presumption that termination of her parental rights was in A.”
In re B.M., 2010 MT 114 (Mont. 2010).
· cites it 6× “¶19 Section 41-3-604(1), MCA, provides that the best interests of the child must be presumed to be served by termination of parental rights if a child has been “under the physical custody of the state” for 15 months of the most recent 22 months.”
In re E.K., 2001 MT 279 (Mont. 2001).
· cites it 3× “Section 41-3-604(1), MCA. These children began living with their foster family on May 7, 1999, and had lived with them continuously for ninbteen months as of the hearing to terminate parental rights.”
In re A.S., 2006 MT 281 (Mont. 2006).
· cites it 10× “Section 41-3-604(1), MCA, entitled “[w]hen petition to terminate parental rights required” presumes that if a child has been in foster care for 15 of the most recent 22 months, it is in the best interests of the child to terminate parental rights. A.N. W., ¶ 54.”
In re T.N.-S., 2015 MT 117 (Mont. 2015).
· cites it 6× “¶27 Even if we assume for the sake of argument that failing to require a chemical dependency evaluation and treatment violated Mother’s rights, the children’s best interests outweigh Mother’s right to parent. Mother does not argue that the District Court’s conclusion that…”
In re A.N.W., 2006 MT 42 (Mont. 2006).
· cites it 7× “” ¶54 Section 41-3-604(1), MCA, entitled “[w]hen petition to terminate parental rights required” presumes that if a child has been in foster *220 care for 15 of the most recent 22 months, it is in the best interests of the child to terminate parental rights.”
— Mont. Code Ann. § 41-3-604(1) — 105 cases
In re C.W.E., 2016 MT 2 (Mont. 2016).
“Did the District Court improperly rely on the statutory presumption contained in § 41-3-604(1), MCA, to conclude that termination of Mother’s parental rights was in her children’s best interests? 3.”
In re R.J.F., 443 P.3d 387 (Mont. 2019).
“The Department asserts, pursuant to § 41-3-604(1), MCA, termination of Mother's parental rights is presumed to be in Child's best interest.”
In Re the Custody & Parental Rights of D.A., 2008 MT 247 (Mont. 2008).
“Section 41-3-604(1), MCA. ¶22 Complete compliance by the parents with a treatment plan is required; partial or even substantial compliance is insufficient under § 41-3-609(1)(f)(i), MCA.”
In re D.B., 2007 MT 246 (Mont. 2007).
“¶22 Section 41-3-604, MCA, provides that when a child has been in foster care for fifteen of the last twenty-two months, “the best interests of the child must be presumed to be served by termination of parental rights.”
Matter of J.B. Jr. YINC, 2016 MT 68 (Mont. 2016).
“2 It is insignificant here that the District Court articulated this finding to follow the language in § 41-3-609(1)(f)(ii), MCA, and not § 41-3-609(1)(f)(i), MCA. The District Court could have satisfied both subsections by finding “the treatment plan was unsuccessful because of…”
— Mont. Code Ann. § 41-3-604(1)(a) — 4 cases
Matter of A.B., YINC, 2020 MT 64 (Mont. 2020).
“was in out-of-home placement with Grandmother for almost all of the most recent twenty-two months when the Department filed its Termination Petition. ¶33 The District Court found that Mother did not overcome the presumption that termination of her parental rights was in A.”
— Mont. Code Ann. § 41-3-604(1)(b) — 3 cases
In re R.J.F., 443 P.3d 387 (Mont. 2019).
“The Department asserts, pursuant to § 41-3-604(1), MCA, termination of Mother's parental rights is presumed to be in Child's best interest.”
— Mont. Code Ann. § 41-3-604(1)(c) — 2 cases
— Mont. Code Ann. § 41-3-604(1)(d) — 1 case
— Mont. Code Ann. § 41-3-604(3) — 2 cases
— Mont. Code Ann. § 41-3-604(5) — 1 case
— Mont. Code Ann. § 41-3-604(l)(b) — 2 cases
— Mont. Code Ann. § 41-3-604(l)(c) — 2 cases
Annotations are extracted automatically from the opinions in the
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treatment. Dots show Syfertize treatment of the citing case itself.