Archive for February, 2009
Bears Tooth
Saturday, February 28th, 2009Involuntary Commitment Jury Trial
Monday, February 23rd, 2009In the Matter of D.M.S. 2009 MT 41 is an unusual case — an involuntary commitment case conducted before a jury. Occasionally we deal with mentally ill spouses or parents who pose a danger to their children or the other parent. The Supreme Court reversed the jury decision committing DMS. DMS had a cognitive disorder. DMS had committed acts of violence. But the Supreme Court found there was no causal connection between his mental illness and an imminent threat of injury to himself or others. Justice Warner dissented.
Findings Needed For Appellate Review
Thursday, February 19th, 2009Trial court must include findings and conclusions in its order. Reversed for failure of District Court to do so in a parenting plan modification case. Here the Judge ordered both permanent change to the parenting plan plus ordered future counseling with the reservation to the judge to make further modifications to the order, which it did. Reversed and remanded for findings. Marriage of Banka. 2009 MT 33.
Adoption: termination of father’s parental rights denied. 2009 MT 22
Thursday, February 19th, 2009District Court refused to terminate father’s rights and allow the guardians, the maternal grandparents, to adopt. The court can terminate if under Section 42-2-610 MCA, the putative father failed to establish and maintain relationship, or under Section 42-2-608 MCA, father is unfit. Here the father was in Iraq for a time, then came back and sought contact with the child and provided some support. That was enough to cause the trial court not to terminate his rights. Affirmed by the Supreme Court.
Adoption of R.A.J. 2009 MT 22.
Electronic Privacy Bill To Be Tabled
Tuesday, February 17th, 2009Senate Bill 338, introduced February 2, 2009 before the Montana Legislature will be tabled. The bill would have protected information about children from internet dissemination when the Montana Courts switch to e-filing. The Montana Supreme Court will not be changing to an e-filing system within the next two years, and we will be working further with the Court to explore privacy protections. Here’s a link link to the text of the bill.
