In the Matter of IT, 2015 MT 43 (Feb. 17, 2015) (Wheat, J.) (4-0, aff’d)
Issue: (1) Whether the district court abused its discretion when it terminated Mother’s parental rights; (2) whether the district court erred by considering hearsay evidence; and (3) whether there are equitable grounds upon which relief from the district court’s order should be granted.
Short Answer: (1) No; (2) no; and (3) no.
Facts: Mother’s parental rights to three of her four children were terminated in February 2013; the fourth child was born soon thereafter. Mother admits to using drugs, and the baby was placed in neonatal intensive are for drug withdrawal shortly after birth. DPHHS petitioned for emergency protective services for the newborn, which was granted, and the baby was placed in foster care.…