Title 41, Title 41

(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…

(1) (a) In accordance with subsections (1)(b) and (1)(c), if physical or legal custody of the youth is transferred to the department, the court shall examine the financial ability of the youth's parent or guardian to pay a contribution covering all or part of the costs for the ca…

(1) The placement preferences described in this section apply in any foster care, preadoptive, or adoptive placement of a child unless there is a determination under 41-3-451 that good cause exists to not follow the placement preferences or unless the placement is governed by the…

(1) Good cause exists to not follow the placement preferences described in 41-3-450 if one or more of the following circumstances is present: (a) a child's parent or legal guardian attests that the parent or legal guardian has reviewed the placement preferences and requests a pla…

(1) This part provides procedures and criteria by which the parent-child legal relationship: (a) may be terminated by a court if the relationship is not in the best interest of the child; or (b) may be reinstated by a court when permanency has not been achieved for a child, the c…

(1) If a child has been in foster care under the physical custody of the state for 15 months of the most recent 22 months, the best interests of the child must be presumed to be served by termination of parental rights. If a child has been in foster care for 15 months of the most…

(1) Except as provided in Title 40, chapter 6, part 10, the termination of a parent-child legal relationship may be considered only after the filing of a petition pursuant to 41-3-422 alleging the factual grounds for termination pursuant to 41-3-609. (2) If termination of a paren…

Before a termination of the parent-child legal relationship may be ordered, the court shall determine whether the provisions of 41-3-428 and 41-3-429 relating to service of process have been followed.

(1) The court may order a termination of the parent-child legal relationship upon a finding established by clear and convincing evidence, 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 1…

(1) An order for the termination of the parent-child legal relationship divests the child and the parents of all legal rights, powers, immunities, duties, and obligations with respect to each other as provided in Title 40, chapter 6, part 2, and Title 41, chapter 3, part 2, excep…

Appeals of court orders or decrees made under this part shall be given precedence on the calendar of the supreme court over all other matters, unless otherwise provided by law.

(1) (a) At any time after a child has been removed from the custody of a parent, the parent may relinquish parental rights. Prior to a parent's relinquishment of parental rights, the parent may enter into an agreement with the preadoptive parent or parents to allow for an open ad…

(1) A child whose parent's rights were terminated under this chapter or a party whose parental rights were terminated under this chapter may petition the court to reinstate parental rights if: (a) the child was adjudicated a youth in need of care under this chapter; (b) the child…

(1) There is established a statewide central registry to maintain information on individuals who are the subject of substantiated determinations of child abuse or neglect. The information may be made available during a background check of an individual as provided for in 41-3-205…

(1) An individual listed in the central registry may request to have the individual's name expunged from the central registry by submitting a written request to the department accompanied by an affidavit sworn to by a person with personal knowledge stating facts sufficient to sho…

The Interstate Compact on the Placement of Children is hereby enacted into law and entered into with all other jurisdictions legally joining in the compact in the form substantially as follows: Article I. Purpose and Policy It is the purpose and policy of the party states to coop…

Financial responsibility for any child placed pursuant to the provisions of the Interstate Compact on the Placement of Children must be determined in accordance with the provisions of Article V of that compact in the first instance. However, in the event of partial or complete de…