Title 41, Title 41

(1) Nothing in this part may be construed to prevent the department from removing an Indian child from the Indian child's parent or Indian custodian or prevent the emergency placement of the Indian child in a foster home, under applicable state law, to prevent imminent physical d…

(1) At an involuntary foster care placement hearing, a stipulation or consent by the parent or Indian custodian is not valid unless the court certifies on the record that the terms and consequences of the stipulation or consent were fully explained in detail and were fully unders…

If a petitioner in a child custody proceeding under this part has improperly removed an Indian child from the custody of the parent or Indian custodian or has improperly retained custody after a visit or other temporary relinquishment of custody, the court shall decline jurisdict…

(1) If a final decree of adoption of an Indian child has been vacated or set aside or the adoptive parents voluntarily consent to the termination of their parental rights to the Indian child, the biological parent or prior Indian custodian may petition to have the Indian child re…

(1) When an emergency removal, foster care placement, or preadoptive placement of an Indian child is necessary, the petitioning party shall, in the absence of good cause to the contrary, place the Indian child in the least restrictive setting that: (a) most closely approximates a…

The vaccination status of a parent or child may not be admitted as evidence or considered as a factor in any administrative or judicial decision regarding a petition filed under part 3, part 4, part 6, or part 10 of this chapter.

(1) When the professionals and officials listed in subsection (2) know or have reasonable cause to suspect, as a result of information they receive in their professional or official capacity, that a child is abused or neglected by anyone regardless of whether the person suspected…

(1) (a) Upon receipt of a report that a child is or has been abused or neglected, the department shall promptly assess the information contained in the report and make a determination regarding the level of response required and the timeframe within which action must be initiated…

(1) Except as provided in subsection (2), anyone investigating or reporting any incident of child abuse or neglect under 41-3-201 or 41-3-202, participating in resulting judicial proceedings, or furnishing hospital or medical records as required by 41-3-202 is immune from any lia…

(1) In any proceeding resulting from a report made pursuant to the provisions of this chapter or in any proceeding for which the report or its contents are sought to be introduced into evidence, the report or its contents or any other fact related to the report or to the conditio…

(1) The case records of the department and its local affiliate, the local office of public assistance, the county attorney, and the court concerning actions taken under this chapter and all records concerning reports of child abuse and neglect must be kept confidential except as …

(1) A person or official required to report by law who has reasonable cause to suspect that a child has died as a result of child abuse or neglect shall report the person's suspicion to the appropriate medical examiner or law enforcement officer. Any other person who has reasonab…

(1) Any person, official, or institution required by 41-3-201 to report known or suspected child abuse or neglect who fails to do so or who prevents another person from reasonably doing so is civilly liable for the damages proximately caused by the act or omission. (2) Except as …

(1) The department of public health and human services shall adopt rules to govern the procedures used by department personnel in preparing and processing reports and in conducting investigations and safety and risk assessments authorized by this chapter. (2) The department shall…

(1) The department shall report to the office of the child and family ombudsman within 1 business day, a death of a child who, within the last 12 months: (a) had been the subject of a report of abuse or neglect; (b) had been the subject of an investigation of alleged abuse or neg…

(1) (a) The county attorney shall gather all case notes, correspondence, evaluations, interviews, and other investigative materials pertaining to each report from the department or investigation by law enforcement of sexual abuse or sexual exploitation of a child made within the …

(1) By July 15 of each year, the department shall report to the attorney general and the law and justice interim committee in accordance with 5-11-210 the number of referrals to county attorneys pursuant to 41-3-202(1)(b)(i) that the department made for each county in the previou…

(1) A department employee receiving a report of abuse or neglect pursuant to this part shall: (a) obtain the information and provide the notifications specified in this section; and (b) make an audio recording when a report is made by phone. The department shall retain the record…

(1) A person who is alleged to be a perpetrator of abuse or neglect in a report made under this part may file a complaint with the county attorney if the person believes the report was false or made with malicious intent. The county attorney shall investigate the complaint, inclu…

(1) On removal of a child, the department shall verbally advise the parent, guardian, or other person having physical or legal custody of a child: (a) of the specific complaint or allegation made against the parent, guardian, or other person having physical or legal custody of a …

(1) (a) Any child protection investigator of the department, a peace officer, or the county attorney who has reason to believe any child is in immediate or apparent danger of harm may immediately remove the child and place the child in a protective facility. After ensuring that t…

(1) The department of public health and human services has the primary responsibility to provide the protective services authorized by this chapter and has the authority pursuant to this chapter to take temporary or permanent custody of a child when ordered to do so by the court,…

(1) (a) If a child is removed from the child's parental or custodial home for protective care pursuant to this part and an emergency placement is offered, the department or an authorized tribe may request, in accordance with the procedures set forth in 28 CFR 901.1 through 901.4,…

(1) (a) A district court shall hold a hearing within 5 business days of a child's removal from the home pursuant to 41-3-301 to determine whether there is probable cause to continue the removal beyond 5 business days. (b) The department shall provide notification of the hearing a…

(1) A prehearing conference must be held within 5 working days of a child's removal and before an emergency protective services hearing held by the court pursuant to 41-3-306. (2) A prehearing conference must include the following parties: (a) the parents, parent, guardian, or ot…

Combined with 41-5-805, renumbered 41-3-1123. Sec. 31, Ch. 465, L. 1983.

Combined with 41-5-806, renumbered 41-3-1124. Sec. 31, Ch. 465, L. 1983.

(1) (a) Proceedings under this chapter must be initiated by the filing of a petition. A petition may request the following relief: (i) immediate protection and emergency protective services, as provided in 41-3-427; (ii) temporary legal custody, as provided in 41-3-442; (iii) lon…

(1) (a) The department shall make reasonable efforts to prevent the necessity of removal of a child from the child's home and to reunify families that have been separated by the state. (b) For the purposes of this subsection (1), the term "reasonable efforts" means the department…

Unless the petition has been previously dismissed, the court shall dismiss an abuse and neglect petition on the motion of a party, or on its own motion, in any case in which all of the following criteria are met: (1) a child who has been placed in foster care is reunited with the…

(1) Any party involved in a petition filed pursuant to 41-3-422 has the right to counsel in all proceedings held pursuant to the petition. (2) Except as provided in subsection (3), the court shall immediately appoint the office of state public defender to assign counsel for: (a) …

(1) (a) In a case in which it appears that a child is abused or neglected or is in danger of being abused or neglected, the county attorney, the attorney general, or an attorney hired by the county may file a petition for immediate protection and emergency protective services. In…

(1) Except as otherwise provided in this chapter, service of process must be made as provided in the Montana Rules of Civil Procedure. (2) If a person cannot be served personally or by certified mail, the person may be served by publication as provided in 41-3-429. Publication co…

(1) Before service by publication is authorized in a proceeding under this chapter, the department shall file with the court an affidavit stating that, after due diligence, the person cannot be identified or found and stating the diligent efforts made to identify, locate, and ser…

(1) Reasonable efforts must be made to resolve issues of paternity, if any, as early as possible in proceedings under this chapter. The department shall make every reasonable effort to obtain service of process of a petition on a putative father, as defined in 42-2-201. (2) If a …

(1) On request of a parent who is a party to a proceeding under Title 40 or Title 41, the department shall, pursuant to Rules 26 through 37 of the Montana Rules of Civil Procedure, make available for examination and reproduction the following material and information within the d…

(1) (a) Except as provided in the federal Indian Child Welfare Act or the Montana Indian Child Welfare Act provided for in Title 41, chapter 3, part 13, a show cause hearing must be conducted within 21 days of the filing of an initial child abuse and neglect petition unless other…

(1) Subject to approval by the court, the parties may stipulate to any of the following: (a) the child meets the definition of a youth in need of care by the preponderance of the evidence; (b) a treatment plan, if the child has been adjudicated a youth in need of care; (c) the di…

(1) Upon the filing of an appropriate petition, an adjudicatory hearing must be held within 90 days of a show cause hearing under 41-3-432. Adjudication may take place at the show cause hearing if the requirements of subsection (2) are met or may be made by prior stipulation of t…

(1) Unless a petition is dismissed or unless otherwise stipulated by the parties pursuant to 41-3-434 or ordered by the court, a dispositional hearing must be held on every petition filed under this chapter within 20 days after an adjudicatory order has been entered under 41-3-43…

Except as provided in 41-3-301(1) and in the absence of a dispute between the parties to the action regarding the appropriate placement, the department shall determine, in accordance with 41-3-450 and 41-3-451, the appropriate placement for a child alleged to be or adjudicated as…

(1) Within 60 days of placement of a child in a therapeutic group home, the court shall: (a) conduct a hearing to: (i) review the therapeutic needs assessment of the child; (ii) consider whether the needs of the child can be met through placement in a youth foster home; (iii) con…

(1) If a child is found to be a youth in need of care under 41-3-437, the court may grant temporary legal custody under 41-3-438 if the court determines by a preponderance of the evidence that: (a) dismissing the petition would create a substantial risk of harm to the child or wo…

(1) The court may order a treatment plan if: (a) the parent or parents admit the allegations of an abuse and neglect petition; (b) the parent or parents stipulate to the allegations of abuse or neglect pursuant to 41-3-434; or (c) the court has made an adjudication under 41-3-437…

(1) The court may, upon the petition of the department or guardian ad litem, enter an order appointing a guardian for a child who has been placed in the temporary or permanent custody of the department pursuant to 41-3-438, 41-3-445, or 41-3-607. The guardianship may be subsidize…

(1) (a) (i) Subject to subsection (1)(b), a permanency hearing must be held by the court or, subject to the approval of the court and absent an objection by a party to the proceeding, by the foster care review committee, as provided in 41-3-115, or the citizen review board, as pr…