In the Matter of KB, 2016 MT 73 (March 29, 2016) (McKinnon, J.) (7-0, aff’d)
Issue: (1) Whether the district court lacked subject matter jurisdiction over KB’s abuse and neglect proceeding, and (2) whether Father received ineffective assistance of counsel.
Short Answer: (1) No, and (2) no.
Facts: KB was removed from her mother’s care in November 2012, at the age of 5, due to concerns about Mother’s inability to protect KB from domestic violence. KB was placed in kinship foster care with her aunt and uncle, where she has remained. Her younger sister, TH, also lives with aunt and uncle.
KB was adjudicated a youth in need of care in 2013, and the Department drafted a treatment plan for Father.…