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← 264 Mont. 521 - In re Declaring D.H.

In re Declaring D.H.’s Empirical Analysis

1994

Citation profile

78
cited by 78 later decisions
1
states following
August 2012
most recently cited

78 state decisions

How this case has been cited

Cited by 78 later decisions — most recently August 2012 · most notably In re M.J.W. (1998), Matter of JL (1996)

78 state decisions

620199420002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

Relationships

Relies on United States v. United States Gypsum Co. · Interstate Production Credit Ass'n v. Desaye · W.R.B. Corp. v. Geer · Marriage of Burris v. Burris · In Re the Marriage of Caras

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 78 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “[A] finding is `clearly erroneous' when, although there is evidence to support it, a review of the record leaves the Court with the definite and firm conviction that a mistake has been committed.”
    4 later decisions quote this exact passage · from the majority
  2. “During the approximately eighteen months between the child's birth and her long term foster care placement, the natural father had intermittent contact with the child and her mother on a basis sufficient to make a general assessment concerning the care being given the child. Since her placement in foster care on February 25, 1994 the child has had minimal contact with [Joe] as specified in Petitioner's Exhibit 2, as well as further contact neither authorized nor approved by the Department. The father has neglected to take advantage of opportunities to visit his child during the past three years and at present [M.J.W.] identifies him as one of several transient father figures. [Joe's] failure to parent his daughter for any extended period of time, including his failure to visit her regularly while in foster care, made reasonable the belief by the Department that he does not intend to resume care of the child in the future.”
    2 later decisions quote this exact passage · from the majority
  3. “abandons the child by leaving the child under circumstances that make reasonable the belief that the parent or other person does not intend to resume care of the child in the future or willfully surrenders physical custody for a period of 6 months and during that period does not manifest to the child and the person having physical custody of the child a firm intention to resume physical custody or to make permanent legal arrangements for the care of the child....”
    2 later decisions quote this exact passage · from the majority

How this case has been treated — in progress

Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.