Termination of Parental Rights

We review a district court's findings of fact to determine whether those findings are clearly erroneous. We review the court's conclusions of law to determine whether the court correctly interpreted and applied the law. We review a district court's ultimate decision to terminate parental rights to determine whether the court abused its discretion. In re A.N.W., 2006 MT 42, ¶¶ 28-29, 331 Mont. 208, 130 P.3d 619; In re J.B., 2016 MT 68, ¶ 9, 383 Mont. 48; 368 P.3d 715

We review the district court's findings of fact for clear error, its conclusions of law for correctness, and the court's ultimate decision regarding adjudication for abuse of discretion.  In re K.H., 2012 MT 175, ¶ 19, 366 Mont. 18, 285 P.3d 474.  We also review for abuse of discretion a district court's determination that a child is abused or neglected.  K.H., ¶ 19.  The standard of review does not depend on whether the district court grants or denies a petition to adjudicate a youth in need of care.  K.H., ¶ 19. 

In a case governed by ICWA, we will uphold the district court's termination of parental rights if a reasonable fact-finder could conclude beyond a reasonable doubt that continued custody by the parent is likely to result in serious emotional or physical damage to the child.  In re H.T., 2015 MT 41, ¶ 11, 378 Mont. 206, 343 P.3d 159. 

Whether a district court violated a parent's constitutional right to fundamentally fair proceedings is a question of constitutional law for which this Court's review is plenary.  In re B.W.S., 2014 MT 198, ¶ 10, 376 Mont. 43, 330 P.3d 467.