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In re TDH, JH, & JH

In re TDH, JH, & JH, 2015 MT 244 (Aug. 18, 2015) (Baker. J.; McKinnon, J., concurring & dissenting) (4-1, aff’d)

Issue: (1) Whether the district court abused its discretion in rescinding OPD’s appointment of counsel for Ja.H. and denying OPD’s motion to appoint counsel after the termination hearing; (2) whether the district court abused its discretion in concluding Mother’s conduct made her unfit to parent and was unlikely to change within a reasonable time; (3) whether DPHHS made reasonable efforts to prevent the removal of the children and reunify Mother with her children; and (4) whether Mother was denied due process.

Short Answer: (1) The Court declines to reach this issue; (2) no; (3) yes; and (4) no.


Facts: Mother met Father when she was a 17-year-old runaway, after years of abuse.…