Statute: §§ 41-3-609; 41-3-423(2)-(3)

Circumstances That Are Grounds for Termination

Abandonment or Extreme Parental Disinterest

Abuse/Neglect

Mental Illness or Deficiency

Alcohol or Drug Induced Incapacity

Felony Conviction/Incarceration

Failure of Reasonable Efforts

Abuse/Neglect or Loss of Rights of Another Child

Sexual Abuse

Failure to Maintain Contact

Failure to Provide Support

Failure to Establish Paternity

Child Judged in Need of Services/Dependent

Child's Best Interest

Felony assault of child or sibling

Murder/Manslaughter of sibling child

Circumstances That Are Not Grounds for Termination

Child in care 15 of 22 months (or less)

Mont. Code Ann. § 41-3-609 (WESTLAW through Mont. 2003 Legis. Serv., Ch. 44 & 504)

The court may order a termination of the parent-child legal relationship upon a finding established by clear and convincing evidence, except as provided in the federal Indian Child Welfare Act and if applicable, that any of the following circumstances exist:

The parents have relinquished the child pursuant to statute;

The child has been abandoned by the parents;

The parent is convicted of a felony in which sexual intercourse occurred or is a minor adjudicated a delinquent youth because of an act that, if committed by an adult, would be a felony in which sexual intercourse occurred and, as a result of the sexual intercourse, the child is born;

The parent has subjected a child to any of the circumstances listed in § 41-2-423 above;

The putative father meets any of the criteria listed in § 41-3-433(3); or

The child is an adjudicated youth in need of care and both of the following exist:

An appropriate treatment plan that has been approved by the court has not been complied with by the parents or has not been successful; and

The conduct or condition of the parents rendering them unfit is unlikely to change within a reasonable time.

In determining whether the conduct or condition of the parents is unlikely to change within a reasonable time, the court shall enter a finding that continuation of the parent-child legal relationship will likely result in continued abuse or neglect or that the conduct or the condition of the parents renders the parents unfit, unable, or unwilling to give the child adequate parental care. In making the determinations, the court shall consider, but is not limited to, the following:

Emotional illness, mental illness, or mental deficiency of the parent of a duration or nature as to render the parent unlikely to care for the ongoing physical, mental, and emotional needs of the child within a reasonable time;
A history of violent behavior by the parent;
Excessive use of intoxicating liquor or of a narcotic or dangerous drug that affects the parent's ability to care and provide for the
child; and

Present judicially ordered long-term confinement of the parent.

In considering any of the factors above in terminating the parent-child relationship, the court shall give primary consideration to the physical, mental, and emotional conditions and needs of the child.

A treatment plan is not required under this part upon a finding by the court following hearing if:

The parent meets the criteria listed above;

Two medical doctors or clinical psychologists submit testimony that the parent cannot assume the role of parent within a reasonable time;

The parent is or will be incarcerated for more than 1 year and reunification of the child with the parent is not in the best interests of the child because of the child's circumstances, including placement options, age, and developmental, cognitive, and psychological needs; or

The death or serious bodily injury of a child caused by abuse or neglect by the parent has occurred.

Mont. Code Ann. § 41-3-423(2)-(3) (WESTLAW through Mont. 2003 Legis. Serv., Ch. 555)

Except in a proceeding subject to the Federal Indian Child Welfare Act, the department may, at any time during an abuse and neglect proceeding, make a request for a determination that preservation or reunification services need not be provided. If an indigent parent is not already represented by counsel, counsel must be appointed at the time that a request is made for a determination under this subsection. A court may make a finding that the department need not make reasonable efforts to provide preservation or reunification services if the court finds that the parent has:

Subjected a child to aggravated circumstances, including, but not limited, to abandonment, torture, chronic abuse, or sexual abuse or chronic, severe neglect of a child;

Committed, aided, abetted, attempted, conspired, or solicited deliberate or mitigated deliberate homicide of a child;

Committed aggravated assault against a child;

Committed neglect of a child that resulted in serious bodily injury or death; or

Had parental rights to the child's sibling or other child of the parent involuntarily terminated and the circumstances related to the termination of parental rights are relevant to the parent's ability to adequately care for the child at issue.

Preservation or reunification services are not required for a putative father if the court makes a finding that the putative father has failed to do any of the following:

Contribute to the support of the child for an aggregate period of 1 year, although able to do so;

Establish a substantial relationship with the child, which is demonstrated by visiting the child at least monthly when physically and financially able to do so; or having regular contact with the child or the person or agency having the care and custody of the child; and manifesting an ability and willingness to assume legal and physical custody of the child if the child was not in the physical custody of the other parent;

Register with the putative father registry and the person has not been adjudicated in Montana to be the father of the child for the purposes of child support; or recorded on the child's birth certificate as the child's father.