DA 09-0448

IN THE SUPREME COURT OF THE STATE OF MONTANA

2010 MT 72N

IN THE MATTER OF:

E.A.S.-R.,

A Youth in Need of Care.

APPEAL FROM: District Court of the Eighth Judicial District,

In and For the County of Cascade, Cause No. DDJ 08-010-Y(a)

Honorable Thomas M. McKittrick, Presiding Judge

COUNSEL OF RECORD:

For Appellant:

Elizabeth Thomas, Attorney at Law, Missoula, Montana

For Appellee:

Hon. Steve Bullock, Montana Attorney General; Mardell Ployhar, Assistant

Attorney General; Helena, Montana

John Parker, Cascade County Attorney; Theresa L. Diekhans, DeputyCounty

Attorney; Great Falls, Montana

Submitted on Briefs: February 24, 2010

Decided: April 13, 2010

Filed:

__________________________________________

Clerk

April 13 2010
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Justice Brian Morris delivered the Opinion of the Court.

¶1 Pursuant to Section I, Paragraph 3(d)(v), Montana Supreme Court 1996 Internal

OperatingRules, as amended in 2006, the following memorandumdecision shall not be cited

as precedent. It shall be filed as a public document with the Clerk ofthe Supreme Court and

its case title, Supreme Court cause number, and disposition shall be included in thisCourt’s

quarterly list of noncitable cases published in the Pacific Reporter and Montana Reports.

¶2 R.R. appeals from an order of the Eighth Judicial District Court, Cascade County,

terminating his parental rights. We affirm.

¶3 The Department of Public Health and Human Services (Department) filed a petition

for emergency protective services and temporary legal custody ofE.A.S.-R. TheDepartment

filed its petition following its investigation into alleged physical harm and risk of physical

harm to E.A.S.-R. as a result of domestic violence between R.R., the biological father of

E.A.S.-R., and C.S., the biological mother of E.A.S.-R., generally following alcohol abuse

by R.R. The Department further determined that C.S. was either unable or unwilling to

protect E.A.S.-R. from potential abuse by R.R. R.R. initially denied paternity. The court

continued the matter pending results of a DNA test to determine R.R.’s paternity. The DNA

test confirmed R.R.’s paternity.

¶4 The court then held a show cause hearing after which it issued an order adjudicating

E.A.S.-R. as a youth in need of care and granted temporary legal custody ofE.A.S.-R. to the

Department. The court approved a treatment plan for R.R. R.R. refused to participate in his

treatment plans based upon his claimthat the social worker was biased against him. In fact,
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the social worker testified at the dispositional hearing that R.R. had made threats against her.

R.R. contended that the entire proceeding had been a conspiracy to steal E.A.S.-R. and allow

the social worker to sell E.A.S.-R. The District Court issued an order on June 10, 2009,

terminating R.R.’s parental rights. R.R. appeals.

¶5 R.R. argues on appeal that exigent circumstances existed that prevented him from

working cooperatively with the Department. R.R. pointsto his distrust of the social worker

and the suggestion by the District Court at a hearing that the Department should attempt to

find a different social worker to administer R.R.’streatment plan in light ofR.R.’srefusal to

cooperate. We review a district court’s decision to terminate a person’s parental rights to

determine whether the court abused its discretion. In re A.H.D., 2008 MT 57, ¶ 11, 341

Mont. 494, 178 P.3d 131. A district court abuses its discretion if it acts arbitrarily, without

employment of conscientious judgment, or exceeds the bounds of reason resulting in

substantial injustice. A.H.D., ¶ 11. We have determined to decide this case pursuant to

Section I, Paragraph 3(d), of our 1996 Internal Operating Rules, as amended in 2006, that

provide for memorandum opinions. It is manifest on the face of the briefs and the record

before us that substantial evidence supportsthe District Court’s findings of fact and that the

District Court’s legal conclusions were correct.

¶6 We affirm.

/S/ BRIAN MORRIS

We Concur:
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/S/ MICHAEL E WHEAT

/S/ W. WILLIAM LEAPHART

/S/ PATRICIA O. COTTER

/S/ JIM RICE