In re D.D.
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The Supreme Court affirmed the order of the district court terminating Father's parental rights and granting permanent legal custody, holding that the court's failure to obtain written confirmation of Child's enrollment eligibility directly from the Turtle Mountain Band of Chippewa Tribe did not constitute reversible error and the termination of Father's parental rights was not an abuse of discretion.
The district court terminated Father's parental rights pursuant to Mont. Code Ann. 41-3-609(1)(f), failure to successfully complete his court-ordered treatment plan combined with lack of likelihood of successful change within a reasonable time. The Supreme Court affirmed, holding (1) although the Department did not file a written document from the Tribe confirming Child was not an Indian child, the error was not reversible; and (2) the district court did not err in concluding that continuation of the parent-child relationship would result in continued abuse or neglect and that it was in the best interest of Child to terminate Father's parental rights.
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