In re Declaring C.L.R.

The statute, Section 41-3-609(1), MCA, is clear, and it is mandatory. A “treatment plan” must be submitted for the defendant in this circumstance, and absent this treatment plan, and a failure to comply with the treatment plan, the defendant’s parental rights could not be terminated.

Here the State has failed to submit any treatment plan, and yet this Court has sanctioned the termination of parental rights. That this Court has the power to ignore this mandatory statute is evidenced by the majority opinion in this case. But whether this Court has the properly consti*391tuted legal authority to…