November 4 2009
DA 09-0210
IN THE SUPREME COURT OF THE STATE OF MONTANA
2009 MT 374N
IN THE MATTER OF:
C.A.M.H.,
A Youth in Need of Care.
APPEAL FROM: District Court of the Eighteenth Judicial District,
In and For the County of Gallatin, Cause No. DN 2007-34A
Honorable Holly Brown, Presiding Judge
COUNSEL OF RECORD:
For Appellant:
Jim Wheelis, Chief Appellate Defender; Kelli S. Sather, Assistant Appellate
Defender, Helena, Montana
For Appellee:
Hon. Steve Bullock, Montana Attorney General; Sheri K. Sprigg,
Assistant Attorney General, Helena, Montana
Scott J. Pederson, Assistant Attorney General, Child Protection Unit,
Billings, Montana
Submitted on Briefs: October 8, 2009
Decided: November 3, 2009
Filed:
__________________________________________
Clerk
Justice Brian Morris delivered the Opinion of the Court.
¶1 Pursuant to Section I, Paragraph 3(d)(v), Montana Supreme Court 1996 Internal
Operating Rules, as amended in 2006, the following memorandum decision shall not be cited
as precedent. It shall be filed as a public document with the Clerk of the Supreme Court and
its case title, Supreme Court 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.H. appeals from an order of the Eighteenth Judicial District Court, Gallatin County,
terminating his parental rights to C.A.M.H. We affirm.
¶3 We previously affirmed the district court’s orders terminating L.H.’s parental rights to
four other children in In re L.R.H., 2009 MT 107N, 213 P.3d 789 (Table), and in In re
C.A.H., 2009 MT 232N, WL 20277249 (Table). These cases detail the factual and
procedural history relating to the termination of L.H.’s parental rights.
¶4 L.H. continued his fecund ways following these earlier terminations. C.A.M.H. was
born in August 2007. All four of C.A.M.H.’s older siblings were in temporary legal custody
of the Department of Public Health and Human Services at the time of her birth. C.A.M.H.
lived with her mother from the time of her birth. L.H. already had separated from
C.A.M.H.’s mother by the time of her birth. C.A.M.H. never lived with L.H. L.H. has had
no contact with C.A.M.H. since she was three months old.
¶5 The court adjudicated C.A.M.H. a youth in need of care on February 19, 2008. The
court approved a treatment plan for L.H. on March 28, 2008. L.H. failed to complete the
plan. The court terminated L.H.’s parental rights on February 2, 2009.
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¶6 We review for an abuse of discretion a district court’s decision to terminate a person’s
parental rights. In re A.H.D., 2008 MT 57, ¶ 11, 341 Mont. 494, 178 P.3d 131. We review a
district court’s specific factual findings to determine whether the findings are clearly
erroneous. A.H.D., ¶ 12. We review for correctness a district court’s conclusions of law.
A.H.D., ¶ 12. We have determined to decide this case pursuant to Section I, Paragraph 3(d),
of our 1996 Internal Operating Rules, as amended in 2006, that provide for memorandum
opinions. It is manifest on the face of the briefs and record before us that substantial
evidence supports the District Court’s findings of fact and that the District Court’s legal
conclusions were correct. We affirm.
/S/ BRIAN MORRIS
We Concur:
/S/ MIKE McGRATH
/S/ JAMES C. NELSON
/S/ PATRICIA O. COTTER
/S/ JIM RICE
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