IN RE CUSTODY AND PARENTAL RIGHTS OF D.S.

No. 04-712.

122 P.3d 1239 (2005)

2005 MT 275

329 Mont. 180

In the Matter of the CUSTODY AND PARENTAL RIGHTS OF D.S., A Youth in Need of Care.

Supreme Court of Montana.

Decided November 2, 2005.


Attorney(s) appearing for the Case

For Appellant: Jon G. Moog, Lewis and Clark County Assistant Public Defender, Helena, Montana.

For Respondent: Mike McGrath, Montana Attorney General, Joslyn M. Hunt, Assistant Attorney General, Helena, Montana; Leo Gallagher, Lewis and Clark County Attorney, Carolyn A. Clemens, Deputy County Attorney, Helena, Montana.


Justice JAMES C. NELSON delivered the Opinion of the Court.

¶ 1 A.S., the mother of D.S., appeals an Order of the District Court for the First Judicial District, Lewis and Clark County, terminating her parental rights to D.S. and granting legal custody of D.S. to the Department of Public Health and Human Services (DPHHS) with the right to consent to his adoption or guardianship. We affirm.

¶ 2 We address the following issues on appeal:

&...

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