Mont. Code Ann. » TITLE 41. MINORS · CHAPTER 3. CHILD ABUSE AND NEGLECT · Part 6. Parent-Child LegalRelationship Termination -- Reinstatement
Montana Code Annotated

Mont. Code Ann. § 41-3-609 (2026)

Criteria For Termination

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 41
  3. CHAPTER 3
  4. Part 6
  5. 41-3-609 Criteria for termination

TITLE 41. MINORS

CHAPTER 3. CHILD ABUSE AND NEGLECT

Part 6. Parent-Child LegalRelationship Termination -- Reinstatement

Criteria For Termination

41-3-609. Criteria for termination. (1) The court may order a termination of the parent-child legal relationship upon a finding established by clear and convincing evidence, except as provided in the federal Indian Child Welfare Act or the Montana Indian Child Welfare Act provided for in Title 41, chapter 3, part 13, if applicable, that any of the following circumstances exist:

(a) the parents have relinquished the child pursuant to 42-2-402 and 42-2-412;

(b) the child has been abandoned by the parents;

(c) the parent is convicted of a felony in which sexual intercourse occurred or is a minor adjudicated a delinquent youth because of an act that, if committed by an adult, would be a felony in which sexual intercourse occurred and, as a result of the sexual intercourse, the child is born;

(d) the parent has subjected a child to any of the circumstances listed in 41-3-423(2)(a) through (2)(e);

(e) the putative father meets any of the criteria listed in 41-3-423(3)(a) through (3)(c); or

(f) the child is an adjudicated youth in need of care and both of the following exist:

(i) an appropriate treatment plan that has been approved by the court has not been complied with by the parents or has not been successful; and

(ii) the conduct or condition of the parents rendering them unfit is unlikely to change within a reasonable time.

(2) In determining whether the conduct or condition of the parents is unlikely to change within a reasonable time, the court shall enter a finding that continuation of the parent-child legal relationship will likely result in continued abuse or neglect or that the conduct or the condition of the parents renders the parents unfit, unable, or unwilling to give the child adequate parental care. In making the determinations, the court shall consider but is not limited to the following:

(a) emotional illness, mental illness, or mental deficiency of the parent of a duration or nature as to render the parent unlikely to care for the ongoing physical, mental, and emotional needs of the child within a reasonable time;

(b) a history of violent behavior by the parent;

(c) excessive use of intoxicating liquor or of a narcotic or dangerous drug that affects the parent's ability to care and provide for the child; and

(d) present judicially ordered long-term confinement of the parent.

(3) In considering any of the factors in subsection (2) in terminating the parent-child relationship, the court shall give primary consideration to the physical, mental, and emotional conditions and needs of the child.

(4) A treatment plan is not required under this part upon a finding by the court following hearing if:

(a) the parent meets the criteria of subsections (1)(a) through (1)(e);

(b) two medical doctors or clinical psychologists submit testimony that the parent cannot assume the role of parent within a reasonable time;

(c) the parent is or will be incarcerated for more than 1 year and reunification of the child with the parent is not in the best interests of the child because of the child's circumstances, including placement options, age, and developmental, cognitive, and psychological needs; or

(d) the death or serious bodily injury, as defined in 45-2-101, of a child caused by abuse or neglect by the parent has occurred.

(5) If a proceeding under this chapter involves an Indian child and is subject to the federal Indian Child Welfare Act or the Montana Indian Child Welfare Act, a qualified expert witness is required to testify that the continued custody of the Indian child by the parent or Indian custodian is likely to result in serious emotional or physical damage to the Indian child.

History: En. Sec. 6, Ch. 420, L. 1981; amd. Sec. 7, Ch. 15, L. 1985; amd. Sec. 3, Ch. 388, L. 1985; amd. Sec. 2, Ch. 599, L. 1991; amd. Sec. 3, Ch. 439, L. 1993; (5)En. Sec. 2, Ch. 369, L. 1995; amd. Sec. 20, Ch. 458, L. 1995; amd. Sec. 166, Ch. 480, L. 1997; amd. Sec. 8, Ch. 514, L. 1997; amd. Sec. 13, Ch. 516, L. 1997; amd. Sec. 1, Ch. 395, L. 1999; amd. Sec. 17, Ch. 566, L. 1999; amd. Sec. 1, Ch. 44, L. 2003; amd. Sec. 17, Ch. 504, L. 2003; amd. Sec. 5, Ch. 349, L. 2005; amd. Sec. 40, Ch. 716, L. 2023.

Notes of Decisions
Cited in 632 cases (53 in the last 5 years), 1982–2026 · leading case: Matter of J.B. Jr. YINC, 2016 MT 68 (Mont. 2016).
Sort: Relevance Newest Treatment
Matter of J.B. Jr. YINC, 2016 MT 68 (Mont. 2016). · cites it 93× “, Father chose not to participate in the legal proceedings and, as here, was unwilling to put the needs of E.”
In re D.B., 2007 MT 246 (Mont. 2007). · cites it 38× “¶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 T.S.B., 2008 MT 23 (Mont. 2008). · cites it 41× “An involuntary termination under §§ 41-3-609(l)(d) and 41-3-423(2)(e), MCA, does not require that the child be adjudicated as a youth in need of care, only that it be determined the child was abused or neglected.”
In re C. R. O., 2002 MT 50 (Mont. 2002). · cites it 43× “I simply am not convinced that the Legislature intended such a “rush to judgment” as can occur through the Court’s addition-for lack of any other available time frame-of the “within a reasonable time” standard to the exception contained in § 41-3-609(4)(b), MCA, which differs…”
In re A.M., 2001 MT 60 (Mont. 2001). · cites it 37× “’s “emotional illness, mental illness, or mental deficiency” was of such a duration and nature as to render her unlikely to care for the ongoing physical, mental, and emotional needs of A.”
In re A.N.W., 2006 MT 42 (Mont. 2006). · cites it 55× “had failed to comply with his court-approved treatment plan and, pursuant to § 41-3-609(2)(d), MCA, the conduct or condition rendering J.”
In re D.V., 2003 MT 160 (Mont. 2003). · cites it 26× “Moreover, the party seeking to terminate parental rights must demonstrate by clear and convincing evidence that the statutory requirements for termination have been met.”
Matter of A.L.P., YINC, 2020 MT 87 (Mont. 2020). · cites it 31× “Relevant to the Department’s petition here, § 41-3-609(1)(f), MCA, requires that a district court find, by clear and convincing evidence, that the child is a youth in need of care and the court finds that: “(1) an appropriate court-approved treatment plan was not complied with…”
In re A.D.B., 2013 MT 167 (Mont. 2013). · cites it 23× “*431 ¶41 Section 41-3-609, MCA, the statute setting forth the criteria for termination of parental rights, provides in pertinent part: (1) The court may order a termination of the parent-child legal relationship upon a finding established by clear and convincing evidence .”
Matter of L.H., YINC, 2021 MT 199 (Mont. 2021). · cites it 32× “" Section 41-3-609(1), MCA. ¶21 Here, viewed in the light rnost favorable to the judgment, the District Court expressly found that "[c]ontinuation of the parent[-]child legal relationship will likely result in continued abuse or neglect" based on Father's historical and ongoing…”
In re of Inquiry into M.M., 906 P.2d 675 (Mont. 1995). · cites it 28× “Section 41-3-609, MCA (1993), sets forth the criteria for termination of parental rights: The court may order a termination of the parent-child legal relationship upon a finding that any of the following circumstances exist: (c) the child is an adjudicated youth in need of care…”
In re A.C., 2001 MT 126 (Mont. 2001). · cites it 19× “Did the District Court err in determining that the criteria set forth in § 41-3-609, MCA, were met? ¶5 3. Did the State commit prosecutorial misconduct by seeking to have Claudia deported in violation of her constitutional rights to due process? BACKGROUND ¶6 Claudia and Richard…”
Show all 632 citing cases →
— Mont. Code Ann. § 41-3-609(1) — 123 cases
In re Declaring C.L.R., 685 P.2d 926 (Mont. 1984).
In re T.S.B., 2008 MT 23 (Mont. 2008). “An involuntary termination under §§ 41-3-609(l)(d) and 41-3-423(2)(e), MCA, does not require that the child be adjudicated as a youth in need of care, only that it be determined the child was abused or neglected.”
In re D.B.J., 2012 MT 220 (Mont. 2012).
In re the Custody & Parental Rights of C.F., 2001 MT 19 (Mont. 2001).
In re A.T., 2006 MT 35 (Mont. 2006).
— Mont. Code Ann. § 41-3-609(1)(a) — 12 cases
Girard v. Williams, 1998 MT 231 (Mont. 1998).
In re K.J.B., 2007 MT 216 (Mont. 2007).
In re N.R.A., 403 P.3d 1256 (Mont. 2017).
Matter of C.S., YINC, 2020 MT 127 (Mont. 2020).
In Re Jm, 2009 MT 332 (Mont. 2009).
— Mont. Code Ann. § 41-3-609(1)(a)(f) — 1 case
Matter of D.B., 2004 MT 371 (Mont. 2004).
— Mont. Code Ann. § 41-3-609(1)(b) — 24 cases
In re T.H., 2005 MT 237 (Mont. 2005).
In re M.J.W., 1998 MT 142 (Mont. 1998).
In re S.C.L., 437 P.3d 122 (Mont. 2019).
In re L.A.G., 429 P.3d 629 (Mont. 2018).
In re W.Z., 946 P.2d 125 (Mont. 1997).
— Mont. Code Ann. § 41-3-609(1)(c) — 32 cases
In Re Sm, 1999 MT 36 (Mont. 1999).
Matter of Custody & Parental Riaghts of Mm, 894 P.2d 298 (Mont. 1995).
In re L.W.K., 767 P.2d 1339 (Mont. 1989).
In re Declaring M.E.M., 679 P.2d 1241 (Mont. 1984).
In re W.Z., 946 P.2d 125 (Mont. 1997).
— Mont. Code Ann. § 41-3-609(1)(c)(i) — 16 cases
Matter of Custody & Parental Riaghts of Mm, 894 P.2d 298 (Mont. 1995).
In Re Sm, 1999 MT 36 (Mont. 1999).
In Re Inquiry of Baby Boy Scott, 767 P.2d 298 (Mont. 1988).
In re of Inquiry into M.M., 906 P.2d 675 (Mont. 1995). “Section 41-3-609, MCA (1993), sets forth the criteria for termination of parental rights: The court may order a termination of the parent-child legal relationship upon a finding that any of the following circumstances exist: (c) the child is an adjudicated youth in need of care…”
Matter of CLR, 685 P.2d 926 (Mont. 1984).
— Mont. Code Ann. § 41-3-609(1)(c)(ii) — 2 cases
Matter of BHM, 799 P.2d 1090 (Mont. 1990).
Matter of RBO, 921 P.2d 268 (Mont. 1996).
— Mont. Code Ann. § 41-3-609(1)(d) — 44 cases
In re K.J.B., 2007 MT 216 (Mont. 2007).
Matter of J.B. Jr. YINC, 2016 MT 68 (Mont. 2016). “, Father chose not to participate in the legal proceedings and, as here, was unwilling to put the needs of E.”
In Re the Custody & Parental Rights of D.S., 2005 MT 275 (Mont. 2005).
In re A.D.B., 2013 MT 167 (Mont. 2013). “*431 ¶41 Section 41-3-609, MCA, the statute setting forth the criteria for termination of parental rights, provides in pertinent part: (1) The court may order a termination of the parent-child legal relationship upon a finding established by clear and convincing evidence .”
Matter of C.S., YINC, 2020 MT 127 (Mont. 2020).
— Mont. Code Ann. § 41-3-609(1)(e) — 16 cases
In Re Am, 2001 MT 60 (Mont. 2001).
In re A.N., 2000 MT 35 (Mont. 2000).
In Re Jab, 1999 MT 173 (Mont. 1999).
In re W.Z., 946 P.2d 125 (Mont. 1997).
In Re Kab, 1999 MT 71 (Mont. 1999).
— Mont. Code Ann. § 41-3-609(1)(e)(i) — 12 cases
In re A.N., 2000 MT 35 (Mont. 2000).
In Re Jn, 1999 MT 64 (Mont. 1999).
In Re Mae, 1999 MT 341 (Mont. 1999).
In Re Jh, 2000 MT 11 (Mont. 2000).
In Re An, 2000 MT 35 (Mont. 2000).
— Mont. Code Ann. § 41-3-609(1)(e)(ii) — 7 cases
In Re Mae, 1999 MT 341 (Mont. 1999).
In Re An, 2000 MT 35 (Mont. 2000).
In Re Ac, 2001 MT 126 (Mont. 2001).
In Re Tb, 1999 MT 174 (Mont. 1999).
In Re Bf, 2000 MT 231 (Mont. 2000).
— Mont. Code Ann. § 41-3-609(1)(f) — 255 cases
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). “, Father chose not to participate in the legal proceedings and, as here, was unwilling to put the needs of E.”
Matter of A.L.P., YINC, 2020 MT 87 (Mont. 2020). “Relevant to the Department’s petition here, § 41-3-609(1)(f), MCA, requires that a district court find, by clear and convincing evidence, that the child is a youth in need of care and the court finds that: “(1) an appropriate court-approved treatment plan was not complied with…”
Matter of L.H., YINC, 2021 MT 199 (Mont. 2021). “" Section 41-3-609(1), MCA. ¶21 Here, viewed in the light rnost favorable to the judgment, the District Court expressly found that "[c]ontinuation of the parent[-]child legal relationship will likely result in continued abuse or neglect" based on Father's historical and ongoing…”
Matter of D.B. & D.B. YINC., 2007 MT 246 (Mont. 2007).
— Mont. Code Ann. § 41-3-609(1)(f)(i) — 64 cases
Matter of J.B. Jr. YINC, 2016 MT 68 (Mont. 2016). “, Father chose not to participate in the legal proceedings and, as here, was unwilling to put the needs of E.”
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.”
In Re the Custody & Parental Rights of D.A., 2008 MT 247 (Mont. 2008).
Matter of A.L.P., YINC, 2020 MT 87 (Mont. 2020). “Relevant to the Department’s petition here, § 41-3-609(1)(f), MCA, requires that a district court find, by clear and convincing evidence, that the child is a youth in need of care and the court finds that: “(1) an appropriate court-approved treatment plan was not complied with…”
In re D.F., 2007 MT 147 (Mont. 2007).
— Mont. Code Ann. § 41-3-609(1)(f)(ii) — 53 cases
Matter of J.B. Jr. YINC, 2016 MT 68 (Mont. 2016). “, Father chose not to participate in the legal proceedings and, as here, was unwilling to put the needs of E.”
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 L.H., YINC, 2021 MT 199 (Mont. 2021). “" Section 41-3-609(1), MCA. ¶21 Here, viewed in the light rnost favorable to the judgment, the District Court expressly found that "[c]ontinuation of the parent[-]child legal relationship will likely result in continued abuse or neglect" based on Father's historical and ongoing…”
In re C. R. O., 2002 MT 50 (Mont. 2002). “I simply am not convinced that the Legislature intended such a “rush to judgment” as can occur through the Court’s addition-for lack of any other available time frame-of the “within a reasonable time” standard to the exception contained in § 41-3-609(4)(b), MCA, which differs…”
In re R.J.F., 443 P.3d 387 (Mont. 2019).
— Mont. Code Ann. § 41-3-609(2) — 167 cases
In Re the Custody & Parental Rights of D.A., 2008 MT 247 (Mont. 2008).
In re R.M.T., 2011 MT 164 (Mont. 2011).
In re D.V., 2003 MT 160 (Mont. 2003). “Moreover, the party seeking to terminate parental rights must demonstrate by clear and convincing evidence that the statutory requirements for termination have been met.”
In re L.H., 2007 MT 70 (Mont. 2007).
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.”
— Mont. Code Ann. § 41-3-609(2)(a) — 51 cases
In re J.L., 922 P.2d 459 (Mont. 1996).
In re M.F.B., 2001 MT 136 (Mont. 2001).
In re R.M.T., 2011 MT 164 (Mont. 2011).
Matter of D.D., YINC, 2021 MT 66 (Mont. 2021).
In re D.B., 2004 MT 371 (Mont. 2004).
— Mont. Code Ann. § 41-3-609(2)(b) — 7 cases
In re A.N., 2000 MT 35 (Mont. 2000).
In re D.B., 2004 MT 371 (Mont. 2004).
Matter of D.B., 2004 MT 371 (Mont. 2004).
In Re An, 2000 MT 35 (Mont. 2000).
Matter of J.N., 2014 MT 219N (Mont. 2014).
— Mont. Code Ann. § 41-3-609(2)(c) — 16 cases
In re R.J.F., 443 P.3d 387 (Mont. 2019).
Matter of A.B., YINC, 2020 MT 64 (Mont. 2020).
In re L.H., 2007 MT 70 (Mont. 2007).
In re C.W.E., 2016 MT 2 (Mont. 2016).
In re A.S., 2006 MT 281 (Mont. 2006).
— Mont. Code Ann. § 41-3-609(2)(d) — 11 cases
Matter of A.L.P., YINC, 2020 MT 87 (Mont. 2020). “Relevant to the Department’s petition here, § 41-3-609(1)(f), MCA, requires that a district court find, by clear and convincing evidence, that the child is a youth in need of care and the court finds that: “(1) an appropriate court-approved treatment plan was not complied with…”
In re the Custody & Parental Rights of C.F., 2001 MT 19 (Mont. 2001).
Charleston Cnty. Dep't of Soc. Servs. v. Jackson, 627 S.E.2d 765 (S.C. Ct. App. 2006).
In re A.N.W., 2006 MT 42 (Mont. 2006). “had failed to comply with his court-approved treatment plan and, pursuant to § 41-3-609(2)(d), MCA, the conduct or condition rendering J.”
In re M.P., 2008 MT 39 (Mont. 2008).
— Mont. Code Ann. § 41-3-609(2)(e) — 6 cases
In re the Inquiry into T.B., 1999 MT 174 (Mont. 1999).
In re C.A., 2000 MT 227 (Mont. 2000).
In re A.B., 780 P.2d 622 (Mont. 1989).
In Re Tb, 1999 MT 174 (Mont. 1999).
Matter of AB, 780 P.2d 622 (Mont. 1989).
— Mont. Code Ann. § 41-3-609(2)(f) — 2 cases
In re A.N., 2000 MT 35 (Mont. 2000).
In Re An, 2000 MT 35 (Mont. 2000).
— Mont. Code Ann. § 41-3-609(2)(g) — 7 cases
Matter of Custody & Parental Riaghts of Mm, 894 P.2d 298 (Mont. 1995).
In Re Sm, 1999 MT 36 (Mont. 1999).
In re D.G., 795 P.2d 489 (Mont. 1990).
In re S.M., 1999 MT 36 (Mont. 1999).
In re C.A., 2000 MT 227 (Mont. 2000).
— Mont. Code Ann. § 41-3-609(3) — 197 cases
In re E.K., 2001 MT 279 (Mont. 2001).
Matter of J.B. Jr. YINC, 2016 MT 68 (Mont. 2016). “, Father chose not to participate in the legal proceedings and, as here, was unwilling to put the needs of E.”
In re C.J.M., 2012 MT 137 (Mont. 2012).
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 A.B., YINC, 2020 MT 64 (Mont. 2020).
— Mont. Code Ann. § 41-3-609(4) — 14 cases
In re A.M., 2001 MT 60 (Mont. 2001). “’s “emotional illness, mental illness, or mental deficiency” was of such a duration and nature as to render her unlikely to care for the ongoing physical, mental, and emotional needs of A.”
In re C. R. O., 2002 MT 50 (Mont. 2002). “I simply am not convinced that the Legislature intended such a “rush to judgment” as can occur through the Court’s addition-for lack of any other available time frame-of the “within a reasonable time” standard to the exception contained in § 41-3-609(4)(b), MCA, which differs…”
In re of Inquiry into M.M., 906 P.2d 675 (Mont. 1995). “Section 41-3-609, MCA (1993), sets forth the criteria for termination of parental rights: The court may order a termination of the parent-child legal relationship upon a finding that any of the following circumstances exist: (c) the child is an adjudicated youth in need of care…”
In re M.P., 2008 MT 39 (Mont. 2008).
In Re Am, 2001 MT 60 (Mont. 2001).
— Mont. Code Ann. § 41-3-609(4)(a) — 11 cases
In re A.M., 2001 MT 60 (Mont. 2001). “’s “emotional illness, mental illness, or mental deficiency” was of such a duration and nature as to render her unlikely to care for the ongoing physical, mental, and emotional needs of A.”
Matter of J.B. Jr. YINC, 2016 MT 68 (Mont. 2016). “, Father chose not to participate in the legal proceedings and, as here, was unwilling to put the needs of E.”
In Re Am, 2001 MT 60 (Mont. 2001).
In re E.Z.C., 2013 MT 123 (Mont. 2013).
In Re Inquiry of Baby Boy Scott, 767 P.2d 298 (Mont. 1988).
— Mont. Code Ann. § 41-3-609(4)(b) — 26 cases
In re C. R. O., 2002 MT 50 (Mont. 2002). “I simply am not convinced that the Legislature intended such a “rush to judgment” as can occur through the Court’s addition-for lack of any other available time frame-of the “within a reasonable time” standard to the exception contained in § 41-3-609(4)(b), MCA, which differs…”
In re A.M., 2001 MT 60 (Mont. 2001). “’s “emotional illness, mental illness, or mental deficiency” was of such a duration and nature as to render her unlikely to care for the ongoing physical, mental, and emotional needs of A.”
In re W.Z., 946 P.2d 125 (Mont. 1997).
In re J.N., 1999 MT 64 (Mont. 1999).
In Re Jn, 1999 MT 64 (Mont. 1999).
— Mont. Code Ann. § 41-3-609(4)(c) — 28 cases
Matter of J.B. Jr. YINC, 2016 MT 68 (Mont. 2016). “, Father chose not to participate in the legal proceedings and, as here, was unwilling to put the needs of E.”
In re A.N.W., 2006 MT 42 (Mont. 2006). “had failed to comply with his court-approved treatment plan and, pursuant to § 41-3-609(2)(d), MCA, the conduct or condition rendering J.”
Matter of A.L.P., YINC, 2020 MT 87 (Mont. 2020). “Relevant to the Department’s petition here, § 41-3-609(1)(f), MCA, requires that a district court find, by clear and convincing evidence, that the child is a youth in need of care and the court finds that: “(1) an appropriate court-approved treatment plan was not complied with…”
In re A.T., 2003 MT 154 (Mont. 2003).
In Re the Custody & Parental Rights of D.S., 2005 MT 275 (Mont. 2005).
— Mont. Code Ann. § 41-3-609(4)(e) — 1 case
Matter of J.B. Jr. YINC, 2016 MT 68 (Mont. 2016). “, Father chose not to participate in the legal proceedings and, as here, was unwilling to put the needs of E.”
— Mont. Code Ann. § 41-3-609(5) — 4 cases
In re K.B., 2013 MT 133 (Mont. 2013).
Matter of K.B. & T.B., 2013 MT 133 (Mont. 2013).
In re D.A., 2013 MT 191 (Mont. 2013).
Matter of K.N.S., YINC, 2021 MT 84N (Mont. 2021).
— Mont. Code Ann. § 41-3-609(b) — 3 cases
In re Declaring M.W., 764 P.2d 1279 (Mont. 1988).
In re R.M.T., 2011 MT 164 (Mont. 2011).
In Re Rmt, 2011 MT 164 (Mont. 2011).
— Mont. Code Ann. § 41-3-609(c) — 2 cases
In re Declaring of K.V., 649 P.2d 1308 (Mont. 1982).
Matter of Inquiry Into N.L. (Mont. 1994).
— Mont. Code Ann. § 41-3-609(e) — 4 cases
In Re the Custody & Parental Rights of P.M., 1998 MT 264 (Mont. 1998).
In Re the Custody & Parental Rights of M.W., 2001 MT 78 (Mont. 2001).
In Re Jh, 2000 MT 11 (Mont. 2000).
In re J.H., 2000 MT 11 (Mont. 2000).
— Mont. Code Ann. § 41-3-609(e)(i) — 1 case
Matter of M.R.W., 1999 MT 315N (Mont. 1999).
— Mont. Code Ann. § 41-3-609(f) — 17 cases
In re K.C.H., 2003 MT 125 (Mont. 2003).
In re R.F., 2001 MT 199 (Mont. 2001).
In Re the Custody & Parental Rights of P.M., 1998 MT 264 (Mont. 1998).
In re M.A.E., 1999 MT 341 (Mont. 1999).
In Re Mae, 1999 MT 341 (Mont. 1999).
— Mont. Code Ann. § 41-3-609(f)(i) — 1 case
Matter of K.M.J., 2003 MT 331N (Mont. 2003).
— Mont. Code Ann. § 41-3-609(l) — 2 cases
Matter of J.B. Jr. YINC, 2016 MT 68 (Mont. 2016). “, Father chose not to participate in the legal proceedings and, as here, was unwilling to put the needs of E.”
Matter of C.S. (Mont. 1996).
— Mont. Code Ann. § 41-3-609(l)(a) — 8 cases
In re P.S., 2006 MT 4 (Mont. 2006).
In re T.S.B., 2008 MT 23 (Mont. 2008). “An involuntary termination under §§ 41-3-609(l)(d) and 41-3-423(2)(e), MCA, does not require that the child be adjudicated as a youth in need of care, only that it be determined the child was abused or neglected.”
In re Declaring M.W., 764 P.2d 1279 (Mont. 1988).
Matter of S.T. Youth, 2008 MT 19 (Mont. 2008).
In re J.M., 2009 MT 332 (Mont. 2009).
— Mont. Code Ann. § 41-3-609(l)(a)(f) — 1 case
In re D.B., 2004 MT 371 (Mont. 2004).
— Mont. Code Ann. § 41-3-609(l)(b) — 12 cases
In re Declaring D.H., 872 P.2d 803 (Mont. 1994).
In re R.B., 703 P.2d 846 (Mont. 1985).
In re M.J.W., 1998 MT 142 (Mont. 1998).
In re C.H., 2003 MT 308 (Mont. 2003).
In re Declaring M.W., 764 P.2d 1279 (Mont. 1988).
— Mont. Code Ann. § 41-3-609(l)(c) — 20 cases
In re M.J.W., 1998 MT 142 (Mont. 1998).
In re of Inquiry into M.M., 906 P.2d 675 (Mont. 1995). “Section 41-3-609, MCA (1993), sets forth the criteria for termination of parental rights: The court may order a termination of the parent-child legal relationship upon a finding that any of the following circumstances exist: (c) the child is an adjudicated youth in need of care…”
In re Declaring E.W., 1998 MT 135 (Mont. 1998).
In re R.B.O., 921 P.2d 268 (Mont. 1996).
In re R.B., 703 P.2d 846 (Mont. 1985).
— Mont. Code Ann. § 41-3-609(l)(c)(i) — 13 cases
In re R.B.O., 921 P.2d 268 (Mont. 1996).
In re Declaring C.L.R., 685 P.2d 926 (Mont. 1984).
Matter of Custody & Parental Rights of Fm, 811 P.2d 1263 (Mont. 1991).
In re of Inquiry into M.M., 906 P.2d 675 (Mont. 1995). “Section 41-3-609, MCA (1993), sets forth the criteria for termination of parental rights: The court may order a termination of the parent-child legal relationship upon a finding that any of the following circumstances exist: (c) the child is an adjudicated youth in need of care…”
In re H.R.B., 780 P.2d 1139 (Mont. 1989).
— Mont. Code Ann. § 41-3-609(l)(c)(ii) — 1 case
In Re the Custody & Parental Rights of M.D., 864 P.2d 783 (Mont. 1993).
— Mont. Code Ann. § 41-3-609(l)(d) — 17 cases
In re T.S.B., 2008 MT 23 (Mont. 2008). “An involuntary termination under §§ 41-3-609(l)(d) and 41-3-423(2)(e), MCA, does not require that the child be adjudicated as a youth in need of care, only that it be determined the child was abused or neglected.”
In Re the Custody & Parental Rights of A.P., 2007 MT 297 (Mont. 2007).
In re M.A.L., 2006 MT 299 (Mont. 2006).
Matter of S.T. Youth, 2008 MT 19 (Mont. 2008).
In re C.P., 2001 MT 187 (Mont. 2001).
— Mont. Code Ann. § 41-3-609(l)(e) — 7 cases
In re A.M., 2001 MT 60 (Mont. 2001). “’s “emotional illness, mental illness, or mental deficiency” was of such a duration and nature as to render her unlikely to care for the ongoing physical, mental, and emotional needs of A.”
In re A.C., 2001 MT 126 (Mont. 2001). “Did the District Court err in determining that the criteria set forth in § 41-3-609, MCA, were met? ¶5 3. Did the State commit prosecutorial misconduct by seeking to have Claudia deported in violation of her constitutional rights to due process? BACKGROUND ¶6 Claudia and Richard…”
In re Declaring E.W., 1998 MT 135 (Mont. 1998).
State Dep't of Pub. Health & Human Servs. v. Heinzen, 1999 MT 173 (Mont. 1999).
In re Declaring of B.F., 2000 MT 231 (Mont. 2000).
— Mont. Code Ann. § 41-3-609(l)(e)(i) — 7 cases
In re A.C., 2001 MT 126 (Mont. 2001). “Did the District Court err in determining that the criteria set forth in § 41-3-609, MCA, were met? ¶5 3. Did the State commit prosecutorial misconduct by seeking to have Claudia deported in violation of her constitutional rights to due process? BACKGROUND ¶6 Claudia and Richard…”
In re J.N., 1999 MT 64 (Mont. 1999).
In re M.A.E., 1999 MT 341 (Mont. 1999).
In Re the Custody & Parental Rights of M.W., 2001 MT 78 (Mont. 2001).
In re W.Z., 946 P.2d 125 (Mont. 1997).
— Mont. Code Ann. § 41-3-609(l)(e)(ii) — 7 cases
In Re the Custody & Parental Rights of M.W., 2001 MT 78 (Mont. 2001).
In re A.C., 2001 MT 126 (Mont. 2001). “Did the District Court err in determining that the criteria set forth in § 41-3-609, MCA, were met? ¶5 3. Did the State commit prosecutorial misconduct by seeking to have Claudia deported in violation of her constitutional rights to due process? BACKGROUND ¶6 Claudia and Richard…”
In re A.N., 2000 MT 35 (Mont. 2000).
In re M.A.E., 1999 MT 341 (Mont. 1999).
In re the Inquiry into T.B., 1999 MT 174 (Mont. 1999).
— Mont. Code Ann. § 41-3-609(l)(f) — 84 cases
Matter of J.B. Jr. YINC, 2016 MT 68 (Mont. 2016). “, Father chose not to participate in the legal proceedings and, as here, was unwilling to put the needs of E.”
In re A.N.W., 2006 MT 42 (Mont. 2006). “had failed to comply with his court-approved treatment plan and, pursuant to § 41-3-609(2)(d), MCA, the conduct or condition rendering J.”
In re M.O., 2003 MT 4 (Mont. 2003).
In re T.S.B., 2008 MT 23 (Mont. 2008). “An involuntary termination under §§ 41-3-609(l)(d) and 41-3-423(2)(e), MCA, does not require that the child be adjudicated as a youth in need of care, only that it be determined the child was abused or neglected.”
In re K.B., 2016 MT 73 (Mont. 2016).
— Mont. Code Ann. § 41-3-609(l)(f)(i) — 19 cases
Matter of J.B. Jr. YINC, 2016 MT 68 (Mont. 2016). “, Father chose not to participate in the legal proceedings and, as here, was unwilling to put the needs of E.”
In re A.N.W., 2006 MT 42 (Mont. 2006). “had failed to comply with his court-approved treatment plan and, pursuant to § 41-3-609(2)(d), MCA, the conduct or condition rendering J.”
In re A.K., 2015 MT 116 (Mont. 2015).
In re D.H., 2001 MT 200 (Mont. 2001).
In re the Custody & Parental Rights of C.F., 2001 MT 19 (Mont. 2001).
— Mont. Code Ann. § 41-3-609(l)(f)(ii) — 15 cases
Matter of J.B. Jr. YINC, 2016 MT 68 (Mont. 2016). “, Father chose not to participate in the legal proceedings and, as here, was unwilling to put the needs of E.”
In re D.V., 2003 MT 160 (Mont. 2003). “Moreover, the party seeking to terminate parental rights must demonstrate by clear and convincing evidence that the statutory requirements for termination have been met.”
In re A.S., 2016 MT 156 (Mont. 2016).
In re Declaring J.W., 2001 MT 86 (Mont. 2001).
In re L.H., 2007 MT 70 (Mont. 2007).
— Mont. Code Ann. § 41-3-609(l)(í) — 1 case
In re A.F., 2003 MT 254 (Mont. 2003).
— Mont. Code Ann. § 41-3-609(lXf) — 1 case
In re T.N.-S., 2015 MT 117 (Mont. 2015).
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.