Legal Opinion · Dissent

In re A.S.

Montana Supreme Court

Decided October 31, 2006No. 05-736Published

1DissentChief Justice Gray

¶54 I respectfully dissent from the Court’s Opinion on Issue 1.1 would hold that no adjudication occurred in this case, either via an adjudicatory hearing or a stipulation by the mother that the child was a youth in need of care. Moreover, since the termination order reflects this omission in that it does not contain the finding required by § 41-3-609(l)(f)(i), MCA-namely, that the child is an adjudicated youth in need of care-I would reverse that order.

¶55 In cases involving petitions to terminate parental rights pursuant to § 41-3-609(l)(f), MCA, “a district court cannot obtain…

2Cases cited15 opinions

  1. In re A.S.Montana Supreme Court · 2004
  2. In re A.N.W.Montana Supreme Court · 2006
  3. In re M.J.W.Montana Supreme Court · 1998
  4. In re of Inquiry into M.M.Montana Supreme Court · 1995
  5. In Re the Custody & Parental Rights of M.W.Montana Supreme Court · 2001

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