reglab/housing_qa huggingface dataset:
MT Code § 41-3-103 (2021)
2021 Montana Code Annotated|Title 41. Minors|Chapter 3. Child Abuse and Neglect|Part 1. General|41-3-103. Jurisdiction and venue

  41-3-103. Jurisdiction and venue. (1) Except as provided in the federal Indian Child Welfare Act, in all matters arising under this chapter, a person is subject to a proceeding under this chapter and the district court has jurisdiction over:   (a) a youth who is within the state of Montana for any purpose;   (b) a youth or other person subject to this chapter who under a temporary or permanent order of the court has voluntarily or involuntarily left the state or the jurisdiction of the court;   (c) a person who is alleged to have abused or neglected a youth who is in the state of Montana for any purpose;   (d) a youth or youth's parent or guardian who resides in Montana;   (e) a youth or youth's parent or guardian who resided in Montana within 180 days before the filing of a petition under this chapter if the alleged abuse and neglect is alleged to have occurred in whole or in part in Montana.   (2) Venue is proper in the county where a youth is located or has resided within 180 days before the filing of a petition under this part or a county where the youth's parent or guardian resides or has resided within 180 days before the filing of a petition under this part.   History: En. 10-1302 by Sec. 3, Ch. 328, L. 1974; R.C.M. 1947, 10-1302; amd. Sec. 7, Ch. 458, L. 1995; amd. Sec. 1, Ch. 114, L. 2001; amd. Sec. 3, Ch. 504, L. 2003; amd. Sec. 1, Ch. 223, L. 2011.
MT Code § 41-3-104 (2021)
2021 Montana Code Annotated|Title 41. Minors|Chapter 3. Child Abuse and Neglect|Part 1. General|41-3-104. Renumbered 41-3-1122

  41-3-104. Renumbered 41-3-1122. Sec. 31, Ch. 465, L. 1983.
MT Code § 41-3-105 (2021)
2021 Montana Code Annotated|Title 41. Minors|Chapter 3. Child Abuse and Neglect|Part 1. General|41-3-105. Renumbered 41-3-1125

  41-3-105. Renumbered 41-3-1125. Sec. 31, Ch. 465, L. 1983.
MT Code § 41-3-106 (2021)
2021 Montana Code Annotated|Title 41. Minors|Chapter 3. Child Abuse and Neglect|Part 1. General|41-3-106. Prosecution of offenders

  41-3-106. Prosecution of offenders. (1) If the evidence indicates violation of the criminal code, it is the responsibility of the county attorney to file appropriate charges against the alleged offender.   (2) The filing of a criminal charge does not toll a proceeding under this chapter.   (3) The district court has original jurisdiction under this section.   History: En. 10-1322 by Sec. 12, Ch. 328, L. 1974; R.C.M. 1947, 10-1322; amd. Sec. 3, Ch. 311, L. 2001.
MT Code § 41-3-107 (2021)
2021 Montana Code Annotated|Title 41. Minors|Chapter 3. Child Abuse and Neglect|Part 1. General|41-3-107. Interagency cooperation

  41-3-107. Interagency cooperation. (1) To effectuate the purposes of this chapter, the department of public health and human services shall cooperate with and shall seek the cooperation and involvement of all appropriate public and private agencies, including health, education, social services, and law enforcement agencies; juvenile courts; and any other agency, organization, or program providing or concerned with human services related to the prevention, identification, or treatment of child abuse or neglect. The cooperation and involvement may not include joint case management but may include joint policy planning, public education, information services, staff development, and other training.   (2) The department shall enter into a cooperative agreement with other state agencies, as provided in 52-2-203, for the purpose of implementing this section.   History: En. Sec. 4, Ch. 543, L. 1979; amd. Sec. 12, Ch. 609, L. 1987; amd. Sec. 4, Ch. 655, L. 1991; amd. Sec. 160, Ch. 546, L. 1995.
MT Code § 41-3-108 (2021)
2021 Montana Code Annotated|Title 41. Minors|Chapter 3. Child Abuse and Neglect|Part 1. General|41-3-108. Child protective teams

  41-3-108. Child protective teams. The county attorney, county commissioners, guardian ad litem, or department may convene one or more temporary or permanent interdisciplinary child protective teams. These teams may assist in assessing the needs of, formulating and monitoring a treatment plan for, and coordinating services to the child and the child's family. The supervisor of child protective services in a local service area or the supervisor's designee shall serve as the team's coordinator. Members must include:  (1) a child protection specialist;   (2) a member of a local law enforcement agency;   (3) a representative of the medical profession;   (4) a representative of a public school system;   (5) a county attorney; and   (6) if an Indian child or children are involved, someone, preferably an Indian person, knowledgeable about Indian culture and family matters.   History: En. Sec. 5, Ch. 543, L. 1979; amd. Sec. 37, Ch. 609, L. 1987; amd. Sec. 1, Ch. 67, L. 1989; amd. Sec. 161, Ch. 546, L. 1995; amd. Sec. 3, Ch. 566, L. 1999; amd. Sec. 6, Ch. 520, L. 2021.
MT Code § 41-3-109 (2021)
2021 Montana Code Annotated|Title 41. Minors|Chapter 3. Child Abuse and Neglect|Part 1. General|41-3-109. Proceedings subject to Indian Child Welfare Act

  41-3-109. Proceedings subject to Indian Child Welfare Act. If a proceeding under this chapter involves an Indian child, as defined in the Indian Child Welfare Act, 25 U.S.C. 1901, et seq., the proceeding is subject to the Indian Child Welfare Act.   History: En. Sec. 16, Ch. 516, L. 1997.
MT Code § 41-3-110 (2021)
2021 Montana Code Annotated|Title 41. Minors|Chapter 3. Child Abuse and Neglect|Part 1. General|41-3-110. Audio or video testimony allowed

  41-3-110. Audio or video testimony allowed. A court may permit testimony by telephone, videoconference, or other audio or audiovisual means at any time in a proceeding pursuant to this chapter.   History: En. Sec. 1, Ch. 166, L. 2007.
MT Code § 41-3-111 (2021)
2021 Montana Code Annotated|Title 41. Minors|Chapter 3. Child Abuse and Neglect|Part 1. General|41-3-111. reserved

  41-3-111 reserved.
MT Code § 41-3-112 (2021)
2021 Montana Code Annotated|Title 41. Minors|Chapter 3. Child Abuse and Neglect|Part 1. General|41-3-112. Appointment of court-appointed special advocate -- guardian ad litem

  41-3-112. Appointment of court-appointed special advocate -- guardian ad litem. (1) In every judicial proceeding, the court shall appoint a court-appointed special advocate as the guardian ad litem for any child alleged to be abused or neglected. If a court-appointed special advocate is not available for appointment, the court may appoint an attorney or other qualified person to serve as the guardian ad litem. The department or any member of its staff who has a direct conflict of interest may not be appointed as the guardian ad litem in a judicial proceeding under this title. When necessary, the guardian ad litem may serve at public expense.   (2) The guardian ad litem must have received appropriate training that is specifically related to serving as a child's court-appointed representative.   (3) The guardian ad litem is charged with the representation of the child's best interests and shall perform the following general duties:   (a) to conduct investigations to ascertain the facts constituting the alleged abuse or neglect;   (b) to interview or observe the child who is the subject of the proceeding;   (c) to have access to court, medical, psychological, law enforcement, social services, and school records pertaining to the child and the child's siblings and parents or custodians;   (d) to make written reports to the court concerning the child's welfare;   (e) to appear and participate in all proceedings to the degree necessary to adequately represent the child and make recommendations to the court concerning the child's welfare;   (f) to perform other duties as directed by the court; and   (g) if an attorney, to file motions, including but not limited to filing to expedite proceedings or otherwise assert the child's rights.   (4) Information contained in a report filed by the guardian ad litem or testimony regarding a report filed by the guardian ad litem is not hearsay when it is used to form the basis of the guardian ad litem's opinion as to the best interests of the child.   (5) Any party may petition the court for the removal and replacement of the guardian ad litem if the guardian ad litem fails to perform the duties of the appointment.   History: En. Sec. 14, Ch. 543, L. 1979; amd. Sec. 1, Ch. 384, L. 1985; amd. Sec. 4, Ch. 434, L. 1993; amd. Sec. 5, Ch. 516, L. 1997; amd. Sec. 7, Ch. 566, L. 1999; Sec. 41-3-303, MCA 1999; redes. 41-3-112 by Sec. 17(3)(a), Ch. 281, L. 2001; amd. Sec. 1, Ch. 382, L. 2005; amd. Sec. 1, Ch. 132, L. 2017.
MT Code § 41-3-113 (2021)
2021 Montana Code Annotated|Title 41. Minors|Chapter 3. Child Abuse and Neglect|Part 1. General|41-3-113. Appeals

  41-3-113. Appeals. (1) Appeals of court orders or decrees made under this part must be given precedence on the calendar of the supreme court over all other matters, unless otherwise provided by law.   (2) An appeal does not stay the order or decree appealed from and does not divest the presiding district court judge of jurisdiction to take steps that are necessary, in the best interests of the child, and in order to protect the health and safety of the child. The supreme court may order a stay upon application and hearing if suitable provision is made for the care and custody of the child.   (3) If the appeal results in the reversal of the order appealed, the legal status of the child reverts to the child's legal status before the entry of the order that was appealed. The child's prior legal status remains in effect until further order of the district court unless the supreme court orders otherwise.   History: En. Sec. 3, Ch. 463, L. 1987; Sec. 41-3-409, MCA 1999; redes. 41-3-113 by Sec. 17(3)(a), Ch. 281, L. 2001; amd. Sec. 4, Ch. 504, L. 2003.
MT Code § 41-3-114 (2021)
2021 Montana Code Annotated|Title 41. Minors|Chapter 3. Child Abuse and Neglect|Part 1. General|41-3-114. reserved

  41-3-114 reserved.
MT Code § 41-3-116 (2021)
2021 Montana Code Annotated|Title 41. Minors|Chapter 3. Child Abuse and Neglect|Part 1. General|41-3-116. and 41-3-117 reserved

  41-3-116 and 41-3-117 reserved.
MT Code § 41-3-118 (2021)
2021 Montana Code Annotated|Title 41. Minors|Chapter 3. Child Abuse and Neglect|Part 1. General|41-3-118. Purpose

  41-3-118. Purpose. The intent of 41-3-119 is to provide reimbursement for mental health outpatient counseling services to foster parents who experience the death of a foster child placed with them by the department or a licensed child placing agency. Many of the children have disabilities, terminal illnesses, or other special needs, and often these children spend their childhood in the homes of foster parents. The death of a child is a traumatic experience, and the legislature finds that providing reimbursement for counseling is a necessary support to those persons who are willing to open their homes to foster children who need a stable and safe environment.   History: En. Sec. 1, Ch. 127, L. 1999; Sec. 41-3-1160, MCA 1999; redes. 41-3-118 by Sec. 17(3)(a), Ch. 281, L. 2001.
MT Code § 41-3-119 (2021)
2021 Montana Code Annotated|Title 41. Minors|Chapter 3. Child Abuse and Neglect|Part 1. General|41-3-119. Foster parent counseling services

  41-3-119. Foster parent counseling services. (1) A person who provides substitute care to a foster child who dies while residing in a youth care facility must be offered reimbursement for mental health outpatient counseling services at the expense of the department.   (2) Upon the death of a foster child in substitute care, the department shall provide information about available reimbursement for mental health outpatient counseling services for the person or persons who were providing care to the foster child.   (3) The reimbursement for mental health outpatient counseling services must be available for up to 1 year in duration by a provider of the person's choice at an amount equivalent to that offered as a benefit to state employees under 2-18-702, subject to the same maximum benefit levels and copayments.   History: En. Sec. 2, Ch. 127, L. 1999; Sec. 41-3-1161, MCA 1999; redes. 41-3-119 by Sec. 17(3)(a), Ch. 281, L. 2001.
MT Code § 41-3-120 (2021)
2021 Montana Code Annotated|Title 41. Minors|Chapter 3. Child Abuse and Neglect|Part 1. General|41-3-120. Liability insurance for foster parents

  41-3-120. Liability insurance for foster parents. (1) The department shall provide for liability and property damage insurance for a foster parent providing foster care services to children placed by the department and for a foster parent providing therapeutic foster care services under the auspices of a licensed child-placing agency.   (2) The state shall pay the cost of the premium for each policy issued under subsection (1). The foster parent may be required, as provided by rule, to pay a reasonable deductible for personal injury or property damage.   (3) The department shall adopt rules for the provision of insurance coverage to foster parents as provided in this section, including rules on premium payment and any deductibles required.   History: En. Sec. 1, Ch. 165, L. 2007.
MT Code § 41-3-121 (2021)
2021 Montana Code Annotated|Title 41. Minors|Chapter 3. Child Abuse and Neglect|Part 1. General|41-3-121. reserved

  41-3-121 reserved.
MT Code § 41-3-122 (2021)
2021 Montana Code Annotated|Title 41. Minors|Chapter 3. Child Abuse and Neglect|Part 1. General|41-3-122. Repealed

  41-3-122. Repealed. Sec. 138, Ch. 261, L. 2021.  History: En. Sec. 1, Ch. 270, L. 2017.
MT Code § 41-3-123 (2021)
2021 Montana Code Annotated|Title 41. Minors|Chapter 3. Child Abuse and Neglect|Part 1. General|41-3-123. Terminated

  41-3-123. Terminated. Sec. 12, Ch. 235, L. 2017.  History: En. Sec. 2, Ch. 235, L. 2017.
MT Code § 41-3-124 (2021)
2021 Montana Code Annotated|Title 41. Minors|Chapter 3. Child Abuse and Neglect|Part 1. General|41-3-124. through 41-3-126 reserved

  41-3-124 through 41-3-126 reserved.
MT Code § 41-3-127 (2021)
2021 Montana Code Annotated|Title 41. Minors|Chapter 3. Child Abuse and Neglect|Part 1. General|41-3-127. Certification required for use of title -- exceptions

  41-3-127. Certification required for use of title -- exceptions. (1) On certification in accordance with 41-3-127 through 41-3-130, a person may use the title "certified child protection specialist".  (2) Subsection (1) does not prohibit a qualified member of another profession, such as a law enforcement officer, lawyer, psychologist, pastoral counselor, probation officer, court employee, nurse, school counselor, educator, baccalaureate, master's, or clinical social worker licensed pursuant to Title 37, chapter 22, clinical professional counselor licensed pursuant to Title 37, chapter 23, addiction counselor licensed pursuant to Title 37, chapter 35, or marriage and family therapist licensed pursuant to Title 37, chapter 37, from performing duties and services consistent with the person's licensure or certification and the code of ethics of the person's profession.   (3) Subsection (1) does not prohibit a qualified member of another profession, business, educational program, or volunteer organization who is not licensed or certified or for whom there is no applicable code of ethics, including a guardian ad litem, child advocate, or law enforcement officer, from performing duties and services consistent with the person's training, as long as the person does not represent by title that the person is a certified child protection specialist.   History: En. Sec. 1, Ch. 520, L. 2021.
MT Code § 41-3-128 (2021)
2021 Montana Code Annotated|Title 41. Minors|Chapter 3. Child Abuse and Neglect|Part 1. General|41-3-128. Certificate requirements -- supervision -- fees

  41-3-128. Certificate requirements -- supervision -- fees. (1) An applicant for certification as a child protection specialist shall:  (a) successfully complete a course in child protection, as defined by the department by rule, which must include training in:   (i) ethics;   (ii) governing statutory and regulatory framework;   (iii) role of law enforcement;   (iv) crisis intervention techniques;   (v) childhood trauma research;   (vi) evidence-based practices for family preservation and strengthening; and   (vii) the provisions of the Indian Child Welfare Act, 25 U.S.C. 1902, et seq.; and   (b) demonstrate the applicant's ability to perform all essential functions of the certified child protection role by earning a passing score on a competency examination developed pursuant to 41-3-130.   (2) As a prerequisite to the issuance of a certificate, the department shall require the applicant to submit fingerprints for the purpose of fingerprint background checks by the Montana department of justice and the federal bureau of investigation as provided in 37-1-307.   (3) An applicant who has a history of criminal convictions has the opportunity to demonstrate to the department that the applicant is sufficiently rehabilitated to warrant the public trust. The department may deny the certificate if it determines that the applicant is not sufficiently rehabilitated.   History: En. Sec. 2, Ch. 520, L. 2021.
MT Code § 41-3-129 (2021)
2021 Montana Code Annotated|Title 41. Minors|Chapter 3. Child Abuse and Neglect|Part 1. General|41-3-129. Certificate renewal -- continuing education

  41-3-129. Certificate renewal -- continuing education. (1) A certified child protection specialist shall renew the specialist's certification annually using a process specified by department rule, which must include proof of completion of at least 20 hours of continuing education developed or approved by the department.  (2) The continuing education may include any topic listed in subsection (1) of 41-3-128 and must include at least one unit focused on:   (a) ethics; and   (b) recent developments in governing law or rule.   History: En. Sec. 3, Ch. 520, L. 2021.
MT Code § 41-3-130 (2021)
2021 Montana Code Annotated|Title 41. Minors|Chapter 3. Child Abuse and Neglect|Part 1. General|41-3-130. Implementation of certification requirement for child protection specialists

  41-3-130. Implementation of certification requirement for child protection specialists. (1) (a) The department shall engage and collaborate with an external organization to develop a child welfare certification and training program, including a competency examination, that must be an ongoing component of the department's child welfare work.  (b) The program and examination must be reevaluated every 2 years to ensure that they:   (i) reflect current trends, research, and developments in the law; and   (ii) promote evidence-based or evidence-informed practices.   (2) A person hired by the department for a child-facing position after October 1, 2021, shall become a certified child protection specialist pursuant to 41-3-127 through 41-3-130 within 1 year of the date of hire.   (3) A person already employed by the department in a child-facing position before October 1, 2021, shall obtain child protection specialist certification pursuant to 41-3-127 through 41-3-130 by October 1, 2023.   (4) For the purpose of this section, "child-facing position" means an employee role under this chapter that involves regular interaction with minors, including but not limited to investigating reports of child abuse, neglect, or endangerment.   History: En. Sec. 4, Ch. 520, L. 2021.
MT Code § 41-3-131 (2021)
2021 Montana Code Annotated|Title 41. Minors|Chapter 3. Child Abuse and Neglect|Part 1. General|41-3-131. Rulemaking authority

  41-3-131. Rulemaking authority. The department shall adopt rules necessary to carry out the purposes of this chapter.   History: En. Sec. 31, Ch. 311, L. 2001.
MT Code § 41-3-203 (2021)
2021 Montana Code Annotated|Title 41. Minors|Chapter 3. Child Abuse and Neglect|Part 2. Reports and Investigations|41-3-203. Immunity from liability

  41-3-203. Immunity from liability. (1) 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 liability, civil or criminal, that might otherwise be incurred or imposed unless the person was grossly negligent or acted in bad faith or with malicious purpose or provided information knowing the information to be false.   (2) A person who provides information pursuant to 41-3-201 or a person who uses information received pursuant to 41-3-205 to refuse to hire or to discharge a prospective or current employee, volunteer, or other person who through employment or volunteer activities may have unsupervised contact with children and who may pose a risk to children is immune from civil liability unless the person acted in bad faith or with malicious purpose.   History: En. Sec. 4, Ch. 178, L. 1965; Sec. 10-904, R.C.M. 1947; redes. 10-1306 by Sec. 14, Ch. 328, L. 1974; R.C.M. 1947, 10-1306; amd. Sec. 9, Ch. 543, L. 1979; amd. Sec. 1, Ch. 181, L. 1993; amd. Sec. 9, Ch. 458, L. 1995; amd. Sec. 5, Ch. 566, L. 1999; amd. Sec. 3, Ch. 382, L. 2019.
MT Code § 41-3-204 (2021)
2021 Montana Code Annotated|Title 41. Minors|Chapter 3. Child Abuse and Neglect|Part 2. Reports and Investigations|41-3-204. Admissibility and preservation of evidence

  41-3-204. Admissibility and preservation of evidence. (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 condition of the child who is the subject of the report may not be excluded on the ground that the matter is or may be the subject of a privilege related to the examination or treatment of the child and granted in Title 26, chapter 1, part 8, except the attorney-client privilege granted by 26-1-803.   (2) A person or official required to report under 41-3-201 may take or cause to be taken photographs of the area of trauma visible on a child who is the subject of a report. The cost of photographs taken under this section must be paid by the department.   (3) When a person required to report under 41-3-201 finds visible evidence that a child has suffered abuse or neglect, the person shall include in the report either a written description or photographs of the evidence.   (4) A physician, either in the course of providing medical care to a minor or after consultation with child protective services, the county attorney, or a law enforcement officer, may require x-rays to be taken when, in the physician's professional opinion, there is a need for radiological evidence of suspected abuse or neglect. X-rays may be taken under this section without the permission of the parent or guardian. The cost of the x-rays ordered and taken under this section must be paid by the county child protective service agency.   (5) All written, photographic, or radiological evidence gathered under this section must be sent to the local affiliate of the department at the time that the written confirmation report is sent or as soon after the report is sent as is possible. The initial report and associated evidence must be handled in accordance with 41-3-202.   History: En. Sec. 5, Ch. 178, L. 1965; Sec. 10-905, R.C.M. 1947; redes. 10-1307 by Sec. 14, Ch. 328, L. 1974; R.C.M. 1947, 10-1307; amd. Sec. 10, Ch. 543, L. 1979; amd. Sec. 38, Ch. 609, L. 1987; amd. Sec. 2, Ch. 146, L. 1995; amd. Sec. 189, Ch. 42, L. 1997; amd. Sec. 6, Ch. 514, L. 1997; amd. Sec. 4, Ch. 516, L. 1997; amd. Sec. 4, Ch. 382, L. 2019.