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Matter of M.j.w.6/9/1998
Submitted on Briefs December 23, 1997.
1 In its findings of fact, conclusions of law and order, the Fourth Judicial District Court, Mineral County, terminated the parental rights of Bonnie D. (Bonnie) and Joe W. (Joe) to M.J.W. Joe appeals, contending that certain of the court's findings of fact are clearly erroneous and that the District Court incorrectly interpreted the law. We affirm.
2 The dispositive issue on appeal is whether the District Court erred in terminating Joe's parental rights.
BACKGROUND
3 The Department of Public Health and Human Services (Department), formerly the Department of Family Services, became involved with Bonnie prior to M.J.W.'s birth due to concern about Bonnie's patenting capabilities. M.J.W. was born on September 9, 1992, and lived with Bonnie for most of the first eighteen months of her life. Throughout that period, Joe saw M.J.W. only intermittently. Although Joe and Bonnie lived together for short periods before and after M.J.W.'s birth, they never married.
4 The Department removed M.J.W. from Bonnie's care on several occasions prior to February 25, 1994. Joe had physical custody of M.J.W. briefly, but she was removed by the Department when Joe went on a rafting trip leaving M.J.W. in the care of a fifteen-year-old babysitter. The Department subsequently returned M.J.W. to Bonnie's care.
5 M.J.W. was placed in foster care again on February 25, 1994, at age eighteen months, when Bonnie was jailed as a result of her third conviction for driving under the influence of alcohol and for resisting arrest, driving without a valid driver's license, and child endangerment. The Department petitioned for temporary investigative authority and protective services for M.J.W. shortly thereafter. The District Court granted the petition and vested specific rights in the Department, including the right to require Joe and Bonnie to attend individual counseling. The court also ordered M.J.W.'s parents to comply with the order or appear on March 16, 1994, to show cause why they had not done so. Neither parent complied with the order or appeared at the show cause hearing. The Department moved for temporary legal custody of M.J.W. for six months and for approval of proposed treatment plans for Bonnie and Joe. The District Court granted that motion on July 27, 1995, and ordered the parents to complete the goals listed in their treatment plans.
6 The Department moved to terminate the parental rights of both Bonnie and Joe on September 12, 1996, alleging alternative statutory grounds. The District Court appointed counsel for both parents and an evidentiary hearing on the motion was held on April 10, 1997. Thereafter, the District Court issued its findings of fact, conclusions of law and order terminating the parental rights of both parents and requiring the Department to establish a plan for permanent placement of M.J.W. Joe appeals.
STANDARD OF REVIEW
7 In a termination of parental rights case, we review a district court's findings of fact to determine whether they are clearly erroneous. Matter of W.Z. (1997), [285 Mont. 16], 946 P.2d 125, 128 (citations omitted). Findings of fact are clearly erroneous "`if they are not supported by substantial evidence, the court misapprehends the effect of the evidence, or this Court's review of the record convinces it that a mistake has been made.'" In re Marriage of Nevin (1997), 284 Mont. 468, 472, 945 P.2d 58, 61 (citation omitted). As a general rule, we review a district court's conclusions of law to determine if they are correct; however, we review conclusions involving the exercise of discretion
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