reglab/housing_qa huggingface dataset:
MT Code § 41-3-206 (2021)
2021 Montana Code Annotated|Title 41. Minors|Chapter 3. Child Abuse and Neglect|Part 2. Reports and Investigations|41-3-206. Procedure in case of child's death

  41-3-206. Procedure in case of child's death. (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 reasonable cause to suspect that a child has died as a result of child abuse or neglect may report the person's suspicion to the appropriate medical examiner or law enforcement officer.   (2) The medical examiner or coroner shall investigate the report and submit findings, in writing, to the local law enforcement agency, the appropriate county attorney, the local child protective service, the family of the deceased child, and, if the person making the report is a physician, the physician.   History: En. Sec. 7, Ch. 543, L. 1979; amd. Sec. 5, Ch. 564, L. 1995.
MT Code § 41-3-207 (2021)
2021 Montana Code Annotated|Title 41. Minors|Chapter 3. Child Abuse and Neglect|Part 2. Reports and Investigations|41-3-207. Penalty for failure to report

  41-3-207. Penalty for failure to report. (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 provided in subsection (3), any person or official required by 41-3-201 to report known or suspected child abuse or neglect who purposely or knowingly fails to report known child abuse or neglect or purposely or knowingly prevents another person from making a report is guilty of a misdemeanor.   (3) Any person or official required by 41-3-201 to report known or suspected sexual abuse or sexual exploitation who purposely or knowingly fails to report known sexual abuse or sexual exploitation of a child or purposely or knowingly prevents another person from making a report is guilty of a felony and shall be imprisoned in the state prison for a term not to exceed 5 years or fined an amount not to exceed $10,000, or both.   History: En. Sec. 15, Ch. 543, L. 1979; amd. Sec. 1, Ch. 367, L. 1985; amd. Sec. 8, Ch. 367, L. 2019.
MT Code § 41-3-208 (2021)
2021 Montana Code Annotated|Title 41. Minors|Chapter 3. Child Abuse and Neglect|Part 2. Reports and Investigations|41-3-208. Rulemaking authority

  41-3-208. Rulemaking authority. (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 adopt rules to govern the retention period and disclosure of safety and risk assessments and associated case records containing information related to reports and investigations of child abuse and neglect.   (3) The department shall adopt rules specifying the procedure to be used for the release and disclosure of records as provided in 41-3-205(5). In adopting the rule, the department shall collaborate with the attorney general, the office of the child and family ombudsman, and appropriate county attorneys, law enforcement agencies, and county or regional interdisciplinary child information and school safety teams established pursuant to 52-2-211.   History: En. Sec. 1, Ch. 567, L. 1979; amd. Sec. 31, Ch. 465, L. 1983; amd. Sec. 2, Ch. 287, L. 1987; amd. Sec. 40, Ch. 609, L. 1987; amd. Sec. 7, Ch. 696, L. 1991; amd. Sec. 165, Ch. 546, L. 1995; amd. Sec. 2, Ch. 332, L. 2013; amd. Sec. 9, Ch. 354, L. 2015; amd. Sec. 2, Ch. 180, L. 2017; amd. Sec. 3, Ch. 248, L. 2019; amd. Sec. 6, Ch. 382, L. 2019.
MT Code § 41-3-209 (2021)
2021 Montana Code Annotated|Title 41. Minors|Chapter 3. Child Abuse and Neglect|Part 2. Reports and Investigations|41-3-209. Reports to office of child and family ombudsman

  41-3-209. Reports to office of child and family ombudsman. (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 neglect;   (c) was in out-of-home care at the time of the child's death; or   (d) had received services from the department under a written prevention plan;   (2) The department shall report to the office of the child and family ombudsman within 5 business days:   (a) any criminal act concerning the abuse or neglect of a child;   (b) any critical incident, including but not limited to elopement, a suicide attempt, rape, nonroutine hospitalizations, and neglect or abuse by a substitute care provider, involving a child who is receiving services from the department pursuant to this chapter; or   (c) a third report received within the last 12 months about a child at risk of or who is suspected of being abused or neglected.   (3) The department shall report to the ombudsman as required under 41-3-1212 on its response to findings, conclusions, and recommendations made in cases investigated by the ombudsman.   History: En. Sec. 7, Ch. 354, L. 2015; amd. Sec. 4, Ch. 19, L. 2021; amd. Sec. 1, Ch. 411, L. 2021.
MT Code § 41-3-303 (2021)
2021 Montana Code Annotated|Title 41. Minors|Chapter 3. Child Abuse and Neglect|Part 3. Protective Care|41-3-303. Renumbered 41-3-112

  41-3-303. Renumbered 41-3-112. Sec. 17(3)(a), Ch. 281, L. 2001.
MT Code § 41-3-305 (2021)
2021 Montana Code Annotated|Title 41. Minors|Chapter 3. Child Abuse and Neglect|Part 3. Protective Care|41-3-305. Terminated

  41-3-305. Terminated. Secs. 5, 7, Ch. 141, L. 2017.   History: En. Sec. 1, Ch. 376, L. 2015; amd. Sec. 4, Ch. 141, L. 2017.
MT Code § 41-3-307 (2021)
2021 Montana Code Annotated|Title 41. Minors|Chapter 3. Child Abuse and Neglect|Part 3. Protective Care|41-3-307. Voluntary prehearing conferences -- pilot project counties

  41-3-307. (Temporary) Voluntary prehearing conferences -- pilot project counties. (1) The parents, parent, guardian, or other person having physical or legal custody of a child who has been removed from the home pursuant to 41-3-301 may participate in a conference within 5 days of the child's removal and before a show cause hearing held by the court if the court is participating in a pilot project testing the effectiveness of prehearing conferences.  (2) A prehearing conference may be held under this section only if it involves:   (a) the parents, parent, guardian, or other person having physical or legal custody of the child;   (b) the person's legal counsel;   (c) the county attorney's office; and   (d) a department social worker.   (3) To the greatest degree possible using available funding, the meetings must be conducted by an independent and trained facilitator.   (4) At a minimum, the meetings must involve discussion of:   (a) the child's current placement and options for continued placement if the child remains out of the home;   (b) whether other options exist for an in-home safety plan or resource that may allow the child to remain in the home;   (c) parenting time schedules; and   (d) treatment services for the family.   (5) This section does not apply to cases involving an Indian child who is subject to the Indian Child Welfare Act.   (6) This section applies to a district court participating in the prehearing conference pilot project funded by the court improvement program on May 14, 2021, and to any district court in a rural county or multicounty district that chooses to hold conferences in accordance with this section on or after that date. (Terminates June 30, 2023--sec. 8, Ch. 529, L. 2021.)   History: En. Sec. 2, Ch. 529, L. 2021.
MT Code § 41-3-401 (2021)
2021 Montana Code Annotated|Title 41. Minors|Chapter 3. Child Abuse and Neglect|Part 4. Abuse or Neglect Proceedings|41-3-401. Renumbered 41-3-422

  41-3-401. Renumbered 41-3-422. Sec. 17(2), Ch. 281, L. 2001.
MT Code § 41-3-402 (2021)
2021 Montana Code Annotated|Title 41. Minors|Chapter 3. Child Abuse and Neglect|Part 4. Abuse or Neglect Proceedings|41-3-402. Renumbered 41-3-427

  41-3-402. Renumbered 41-3-427. Sec. 17(2), Ch. 281, L. 2001.
MT Code § 41-3-403 (2021)
2021 Montana Code Annotated|Title 41. Minors|Chapter 3. Child Abuse and Neglect|Part 4. Abuse or Neglect Proceedings|41-3-403. Renumbered 41-3-423

  41-3-403. Renumbered 41-3-423. Sec. 17(2), Ch. 281, L. 2001.
MT Code § 41-3-404 (2021)
2021 Montana Code Annotated|Title 41. Minors|Chapter 3. Child Abuse and Neglect|Part 4. Abuse or Neglect Proceedings|41-3-404. Renumbered 41-3-437

  41-3-404. Renumbered 41-3-437. Sec. 17(2), Ch. 281, L. 2001.
MT Code § 41-3-405 (2021)
2021 Montana Code Annotated|Title 41. Minors|Chapter 3. Child Abuse and Neglect|Part 4. Abuse or Neglect Proceedings|41-3-405. Combined with 41-5-805 , renumbered 41-3-1123

  41-3-405. Combined with 41-5-805, renumbered 41-3-1123. Sec. 31, Ch. 465, L. 1983.
MT Code § 41-3-406 (2021)
2021 Montana Code Annotated|Title 41. Minors|Chapter 3. Child Abuse and Neglect|Part 4. Abuse or Neglect Proceedings|41-3-406. Renumbered 41-3-438

  41-3-406. Renumbered 41-3-438. Sec. 17(2), Ch. 281, L. 2001.
MT Code § 41-3-407 (2021)
2021 Montana Code Annotated|Title 41. Minors|Chapter 3. Child Abuse and Neglect|Part 4. Abuse or Neglect Proceedings|41-3-407. Combined with 41-5-806 , renumbered 41-3-1124

  41-3-407. Combined with 41-5-806, renumbered 41-3-1124. Sec. 31, Ch. 465, L. 1983.
MT Code § 41-3-408 (2021)
2021 Montana Code Annotated|Title 41. Minors|Chapter 3. Child Abuse and Neglect|Part 4. Abuse or Neglect Proceedings|41-3-408. Renumbered 41-1-501

  41-3-408. Renumbered 41-1-501. Sec. 17(3)(b), Ch. 281, L. 2001.
MT Code § 41-3-409 (2021)
2021 Montana Code Annotated|Title 41. Minors|Chapter 3. Child Abuse and Neglect|Part 4. Abuse or Neglect Proceedings|41-3-409. Renumbered 41-3-113

  41-3-409. Renumbered 41-3-113. Sec. 17(3)(a), Ch. 281, L. 2001.
MT Code § 41-3-410 (2021)
2021 Montana Code Annotated|Title 41. Minors|Chapter 3. Child Abuse and Neglect|Part 4. Abuse or Neglect Proceedings|41-3-410. Repealed

  41-3-410. Repealed. Sec. 17, Ch. 516, L. 1997.   History: En. Sec. 1, Ch. 599, L. 1991.
MT Code § 41-3-411 (2021)
2021 Montana Code Annotated|Title 41. Minors|Chapter 3. Child Abuse and Neglect|Part 4. Abuse or Neglect Proceedings|41-3-411. Renumbered 41-3-446

  41-3-411. Renumbered 41-3-446. Sec. 17(2), Ch. 281, L. 2001.
MT Code § 41-3-412 (2021)
2021 Montana Code Annotated|Title 41. Minors|Chapter 3. Child Abuse and Neglect|Part 4. Abuse or Neglect Proceedings|41-3-412. Renumbered 41-3-445

  41-3-412. Renumbered 41-3-445. Sec. 17(2), Ch. 281, L. 2001.
MT Code § 41-3-413 (2021)
2021 Montana Code Annotated|Title 41. Minors|Chapter 3. Child Abuse and Neglect|Part 4. Abuse or Neglect Proceedings|41-3-413. Repealed

  41-3-413. Repealed. Sec. 16, Ch. 281, L. 2001.   History: En. Sec. 13, Ch. 566, L. 1999.
MT Code § 41-3-414 (2021)
2021 Montana Code Annotated|Title 41. Minors|Chapter 3. Child Abuse and Neglect|Part 4. Abuse or Neglect Proceedings|41-3-414. through 41-3-419 reserved

  41-3-414 through 41-3-419 reserved.
MT Code § 41-3-420 (2021)
2021 Montana Code Annotated|Title 41. Minors|Chapter 3. Child Abuse and Neglect|Part 4. Abuse or Neglect Proceedings|41-3-420. Renumbered 41-3-443

  41-3-420. Renumbered 41-3-443. Sec. 17(2), Ch. 281, L. 2001.
MT Code § 41-3-421 (2021)
2021 Montana Code Annotated|Title 41. Minors|Chapter 3. Child Abuse and Neglect|Part 4. Abuse or Neglect Proceedings|41-3-421. Renumbered 41-3-444

  41-3-421. Renumbered 41-3-444. Sec. 17(2), Ch. 281, L. 2001.
MT Code § 41-3-424 (2021)
2021 Montana Code Annotated|Title 41. Minors|Chapter 3. Child Abuse and Neglect|Part 4. Abuse or Neglect Proceedings|41-3-424. Dismissal

  41-3-424. Dismissal. 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 child's parents and returned home;   (2) the child remains in the home for a minimum of 6 months with no additional confirmed reports of child abuse or neglect; and   (3) the department determines and informs the court that the issues that led to department intervention have been resolved and that no reason exists for further department intervention or monitoring.   History: En. Sec. 6, Ch. 555, L. 2003.
MT Code § 41-3-425 (2021)
2021 Montana Code Annotated|Title 41. Minors|Chapter 3. Child Abuse and Neglect|Part 4. Abuse or Neglect Proceedings|41-3-425. Right to counsel

  41-3-425. Right to counsel. (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 subsections (3) through (5), the court shall immediately appoint the office of state public defender to assign counsel for:   (a) any indigent parent, guardian, or other person having legal custody of a child or youth in a removal, placement, or termination proceeding pursuant to 41-3-422, pending a determination of eligibility pursuant to 47-1-111;   (b) any child or youth involved in a proceeding under a petition filed pursuant to 41-3-422 when a guardian ad litem is not appointed for the child or youth; and   (c) any party entitled to counsel at public expense under the federal Indian Child Welfare Act.   (3) When appropriate, the court may appoint the office of state public defender to assign counsel for any child or youth involved in a proceeding under a petition filed pursuant to 41-3-422 when a guardian ad litem is appointed for the child or youth.   (4) When appropriate and in accordance with judicial branch policy, the court may assign counsel at the court's expense for a guardian ad litem or a court-appointed special advocate involved in a proceeding under a petition filed pursuant to 41-3-422.   (5) Except as provided in the federal Indian Child Welfare Act, a court may not appoint a public defender to a putative father, as defined in 42-2-201, of a child or youth in a removal, placement, or termination proceeding pursuant to 41-3-422 until:   (a) the putative father is successfully served notice of a petition filed pursuant to 41-3-422; and   (b) the putative father makes a request to the court in writing to appoint the office of state public defender to assign counsel.   History: En. Sec. 15, Ch. 449, L. 2005; amd. Sec. 1, Ch. 511, L. 2007; amd. Sec. 1, Ch. 343, L. 2011; amd. Sec. 1, Ch. 29, L. 2013; amd. Sec. 2, Ch. 52, L. 2017.
MT Code § 41-3-426 (2021)
2021 Montana Code Annotated|Title 41. Minors|Chapter 3. Child Abuse and Neglect|Part 4. Abuse or Neglect Proceedings|41-3-426. reserved

  41-3-426 reserved.
MT Code § 41-3-428 (2021)
2021 Montana Code Annotated|Title 41. Minors|Chapter 3. Child Abuse and Neglect|Part 4. Abuse or Neglect Proceedings|41-3-428. Service of process -- service by publication -- effect

  41-3-428. Service of process -- service by publication -- effect. (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 constitutes conclusive evidence of service, and a hearing must then proceed at the time and date set, with or without the appearance of the person served by publication. At or after the hearing, the court may issue an order that will adjudicate the interests of the person served by publication.   (3) If a parent cannot be identified or found prior to the initial hearings allowed by part 4, the court may grant the following relief, pending service by publication on the parent who cannot be identified or found and based upon service of process on only the parent, guardian, or other person having legal custody of the child:   (a) immediate protection;   (b) temporary investigative authority; and   (c) temporary legal custody.   History: En. Sec. 1, Ch. 83, L. 2001; amd. Sec. 2, Ch. 118, L. 2005.
MT Code § 41-3-429 (2021)
2021 Montana Code Annotated|Title 41. Minors|Chapter 3. Child Abuse and Neglect|Part 4. Abuse or Neglect Proceedings|41-3-429. Service by publication -- summons -- form

  41-3-429. Service by publication -- summons -- form. (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 serve the person. The affidavit is sufficient evidence of the diligence of any inquiry made by the department. The affidavit may be combined with any other affidavit filed by the department. Upon complying with this subsection, the department may obtain an order for the service to be made upon the party by publication. The order may be issued by either the judge or the clerk of the court.   (2) Service by publication must be made by publishing notice three times, once each week for 3 successive weeks:   (a) in a newspaper in a community in which the publication can reasonably be calculated to be seen by the person, based upon the last-known address or whereabouts, if known, of the person if in the state of Montana; or   (b) if no last-known address exists, if the last-known address is outside Montana, or if the identity of the person is unknown, in a newspaper in the county in which the action is pending, if a newspaper is published in the county, and, if a newspaper is not published in the county, in a newspaper published in an adjoining county and having a general circulation in the county.   (3) Service by publication is complete on the date of the last publication required by subsection (2).   (4) A summons required under this chapter must:   (a) be directed to the parent, legal guardian, other person having legal custody of the child, or any other person who is required to be served; and   (b) be signed by the clerk of court, be under the seal of the court, and contain:   (i) the name of the court and the cause number;   (ii) the initials of the child who is the subject of the proceedings;   (iii) the name of the child's parents, if known;   (iv) the time within which an interested person shall appear;   (v) the department's address;   (vi) a statement in general terms of the nature of the proceedings, including the date and place of birth of the child, the date and place of the hearing, and the phone number of the clerk of the court in which the hearing is scheduled; and   (vii) notification apprising the person served by publication that failure to appear at the hearing will constitute a denial of interest in the child, which denial may result, without further notice of this proceeding or any subsequent proceeding, in judgment by default being entered for the relief requested in the petition.   History: En. Sec. 2, Ch. 83, L. 2001; amd. Sec. 3, Ch. 118, L. 2005.
MT Code § 41-3-430 (2021)
2021 Montana Code Annotated|Title 41. Minors|Chapter 3. Child Abuse and Neglect|Part 4. Abuse or Neglect Proceedings|41-3-430. Putative fathers -- service by publication -- continuation of proceedings

  41-3-430. Putative fathers -- service by publication -- continuation of proceedings. (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 putative father cannot be served personally, the putative father may be served by publication as provided in 41-3-428 and 41-3-429.   (3) Regardless of the provisions of subsections (1) and (2), if a putative father cannot be identified or found prior to the initial hearings allowed by part 4, the court may grant the following relief, pending service by publication on the putative father and based upon service of process on only the parent, guardian, or other person having legal custody of the child:   (a) immediate protection;   (b) temporary investigative authority; and   (c) temporary legal custody.   (4) Throughout the proceedings, the court, in its discretion, may order the department to continue to attempt to identify, locate, and serve a putative father.   (5) A court may order termination of the parental rights of a putative father under this chapter based on service by publication if the provisions of 41-3-428 and 41-3-429 have been met.   History: En. Sec. 3, Ch. 83, L. 2001.
MT Code § 41-3-431 (2021)
2021 Montana Code Annotated|Title 41. Minors|Chapter 3. Child Abuse and Neglect|Part 4. Abuse or Neglect Proceedings|41-3-431. reserved

  41-3-431 reserved.
MT Code § 41-3-433 (2021)
2021 Montana Code Annotated|Title 41. Minors|Chapter 3. Child Abuse and Neglect|Part 4. Abuse or Neglect Proceedings|41-3-433. Temporary investigative authority

  41-3-433. Temporary investigative authority. The department may petition the court for authorization to conduct an investigation into allegations of child abuse, neglect, or abandonment when necessary. An order for temporary investigative authority may not be issued for a period longer than 90 days. The petition must be served as provided in 41-3-422.   History: En. Sec. 7, Ch. 281, L. 2001.
MT Code § 41-3-434 (2021)
2021 Montana Code Annotated|Title 41. Minors|Chapter 3. Child Abuse and Neglect|Part 4. Abuse or Neglect Proceedings|41-3-434. Stipulations

  41-3-434. Stipulations. Subject to approval by the court, the parties may stipulate to any of the following:   (1) the child meets the definition of a youth in need of care by the preponderance of the evidence;   (2) a treatment plan, if the child has been adjudicated a youth in need of care;   (3) the disposition; or   (4) extension of the timeframes contained in this chapter, except for the timeframe contained in 41-3-445.   History: En. Sec. 14, Ch. 281, L. 2001; en. Sec. 32, Ch. 311, L. 2001; amd. Sec. 10, Ch. 504, L. 2003.
MT Code § 41-3-435 (2021)
2021 Montana Code Annotated|Title 41. Minors|Chapter 3. Child Abuse and Neglect|Part 4. Abuse or Neglect Proceedings|41-3-435. and 41-3-436 reserved

  41-3-435 and 41-3-436 reserved.