In re of Inquiry into M.M.

I respectfully dissent from the Court’s opinion because I will not be a party to the Court’s continued refusal to require DFS (now DPHHS) to comply with clear legislative mandates. I would reverse the District Court’s termination of P.D.’s parental rights without a court-approved treatment plan because the law permits no other result in this case.

The dispositive issue in this case is simple and to the point. It requires only that we apply the plain language of § 41-3-609(l)(c), MCA, to the record before us. Neither this Court’s refusal to address the statute in discussing issue 4, regarding…