(Download) "In the Matter of Inquiry Into J.L.B." by Supreme Court of Montana ~ Book PDF Kindle ePub Free
eBook details
- Title: In the Matter of Inquiry Into J.L.B.
- Author : Supreme Court of Montana
- Release Date : January 16, 1979
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 71 KB
Description
A mother brings this appeal from the conclusions and judgment of the District Court, Fourth Judicial District, which declared her daughter a neglected child, and granted permanent custody over the child to the Department of Social and Rehabilitation Services with authority to consent to her adoption. The mother contends first that section 10-1301(2)(a) and (b), R.C.M. 1947, now section 41-3-102(2)(a) and (b) MCA, defining "abuse" and "neglect" were unconstitutionally vague as applied to her. Second she contends that the appropriate standard of proof to be applied to the State in a termination of parental rights proceeding is the "clear and convincing" standard, rather than the "preponderance of evidence" standard. The mothers third contention is that the District Court abused its discretion in removing the child permanently from her mother because that decision was not supported by even a preponderance - Page 102 of the evidence. We affirm the decision of the District Court.