06/12/2026
Montana Supreme Court Opinion from Tuesday, June 9:
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Appellant R.F. (Mother) appeals the order of August 18, 2025, from the Thirteenth Judicial District Court, Yellowstone County, granting primary custody of R.J.F. (Child) to the foster parents and dismissing the child dependency cause. We reverse the District Court’s August 18, 2025 Order to Dismiss and remand to the District Court to strike foster parents’ Motion for Dismissal and to issue an order dismissing cause DN 23 294 based on Mother’s successful completion of her treatment plan, meeting the conditions for return, and being a fit parent.
We restate the issue on appeal as follows:
Whether the District Court erred in granting primary custody to the foster parents and dismissing the cause under § 41-3-438(3)(d), MCA.
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Link to Opinion:
https://juddocumentservice.mt.gov/getDocByCTrackId?DocId=571386
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