In re E.Y.R.Annotate this Case
The Supreme Court reversed the judgment of the district court terminating Father's parental rights, holding that Father's due process rights were infringed by ineffective assistance of counsel resulting in his parental rights being inappropriately terminated.
On appeal, Father argued that he received ineffective assistance of counsel when his court-appointed counsel failed assiduously to advocate for him throughout her representation. The Supreme Court agreed, holding that Father's initial appointed counsel rendered ineffective assistance of counsel, and because of that ineffective assistance, Father was prejudiced, and his parental rights were terminated. The Court remanded this case for the Montana Department of Public Health and Human Services, Child and Family Services Division to conduct initial preliminary assessment of Father as the first placement option for the child consistent with its policies and this opinion.