Archive | In-chambers interviews (children)

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In the Matter of TN-S, NN-S, EN-S, & AN-S

In the Matter of TN-S, NN-S, EN-S, & AN-S, 2015 MT 117 (Apr. 28, 2015) (Shea, J.; McKinnon, J., concurring) (5-0, aff’d)

Issue: (1) Whether Mother’s treatment plan was appropriate although it did not require her to obtain a chemical dependency evaluation; (2) whether Mother’s counsel was ineffective for failing to advocate for a chemical dependency evaluation in the treatment plan; and (3) whether the district court was required to disclose to the parties the transcripts of its in-chambers interviews with the children.

Short Answer: (1) Yes; (2) no; and (3) no.


Facts: Mother’s children were ages 15, 12, 9, and 4 at the time of the hearing. In October 2012 and January 2013, the Department received reports that Mother and Father were unable to care for their children due to drug use.…