Archive | Relinquishing parental rights

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In the Matter of BJTH and BHTH

In the Matter of BJTH and BHTH, 2015 MT 6 (Jan. 6, 2015) (McKinnon, J.) (5-0, aff’d)

Issue: (1) Whether substantial evidence supports the district court’s finding that Mother received counseling prior to relinquishing her parental rights; and (2) whether the counselor produced a written report in compliance with § 42-2-409, MCA.

Short Answer: (1) Yes, and (2) yes.


Facts: Mother gave birth to twins BHTH and BJTH in July 2009. In September 2012, her parental rights were terminated after the district court found she had executed a knowing, voluntary relinquishment of her rights after receiving counseling. She appealed, and this Court affirmed two issues but remanded for a determination of whether Mother had received the required counseling or whether good cause existed to waive the requirement.…