reglab/housing_qa huggingface dataset:
MT Code § 41-3-439 (2021)
2021 Montana Code Annotated|Title 41. Minors|Chapter 3. Child Abuse and Neglect|Part 4. Abuse or Neglect Proceedings|41-3-439. Department to give placement priority to extended family member of abandoned child

  41-3-439. Department to give placement priority to extended family member of abandoned child. (1) If the department has received temporary legal custody of an abandoned child pursuant to 41-3-438 or permanent legal custody pursuant to 41-3-607, the department shall give priority to a member of the child's extended family, including adult siblings, grandparents, great-grandparents, aunts, and uncles, in determining the person or persons with whom the abandoned child should be placed if:   (a) placement with the extended family member is in the best interests of the abandoned child;   (b) the extended family member has requested that the abandoned child be placed with the family member;   (c) the extended family member is able to offer the child continuity of care by providing permanency or stability in residence, schooling, and activities outside of the home; and   (d) the department has determined that the extended family member is qualified to receive and care for the abandoned child.   (2) If more than one extended family member of the abandoned child has requested that the child be placed with the family member and all are qualified to receive and care for the child, the department may determine which extended family member to place the abandoned child with in the same manner as provided for in 41-3-438(4).   (3) This part does not affect the department's ability to assess the appropriateness of placement of the child with a noncustodial parent when abandonment has been found against only one parent.   (4) If a member of the child's extended family, including an adult sibling, grandparent, great-grandparent, aunt, or uncle, has requested that the child be placed with that family member and the department denies the request, the department shall give that family member a written statement of the reasons for the denial to the extent that confidentiality laws allow.   History: En. Sec. 6, Ch. 194, L. 2001; amd. Sec. 80, Ch. 114, L. 2003; amd. Sec. 2, Ch. 178, L. 2005; amd. Sec. 6, Ch. 210, L. 2009.
MT Code § 41-3-440 (2021)
2021 Montana Code Annotated|Title 41. Minors|Chapter 3. Child Abuse and Neglect|Part 4. Abuse or Neglect Proceedings|41-3-440. Limitation on placement

  41-3-440. Limitation on placement. 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 the appropriate placement for a child alleged to be or adjudicated as a youth in need of care. The court shall settle any dispute between the parties to an action regarding the appropriate placement. The child may not be placed in a youth assessment center, youth detention facility, detention center, or other facility intended or used for the confinement of adults or youth accused or convicted of criminal offenses.   History: En. Sec. 30, Ch. 311, L. 2001.
MT Code § 41-3-441 (2021)
2021 Montana Code Annotated|Title 41. Minors|Chapter 3. Child Abuse and Neglect|Part 4. Abuse or Neglect Proceedings|41-3-441. Review of necessity of nonyouth foster home placement

  41-3-441. Review of necessity of nonyouth foster home placement. (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) consider whether placement of the child in a therapeutic group home provides the most effective and appropriate level of care for the child in the least restrictive environment; and   (iv) consider whether placement of the child in a therapeutic group home is consistent with the short-term and long-term goals for the child as specified in the child's permanency plan; and   (b) issue a written order stating the reasons for the court's decision to approve or disapprove the continued placement of the child in a therapeutic group home. The order must be included in and made part of the child's case plan.   (2) If the child remains placed in a therapeutic group home, the following evidence must be submitted at each status review or permanency hearing held concerning the child:   (a) the ongoing assessment of the strengths and needs of the child that continues to support the determination that the needs of the child cannot be met through placement in a youth foster home;   (b) that the child's placement in a therapeutic group home provides the most effective and appropriate level of care for the child in the least restrictive environment;   (c) that the placement is consistent with the short-term and long-term goals for the child as specified in the child's permanency plan;   (d) documentation of the specific treatment or service needs that will be met for the child in the placement and the length of time the child is expected to need the treatment or services; and   (e) documentation of the efforts made by the department to prepare the child to return home, to be placed with a fit and willing relative, legal guardian, or adoptive parent, or to be placed in a youth foster home.   History: En. Sec. 1, Ch. 202, L. 2021.
MT Code § 41-3-442 (2021)
2021 Montana Code Annotated|Title 41. Minors|Chapter 3. Child Abuse and Neglect|Part 4. Abuse or Neglect Proceedings|41-3-442. Temporary legal custody

  41-3-442. Temporary legal custody. (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 would be a detriment to the child's physical or psychological well-being; and   (b) unless there is a finding that reasonable efforts are not required pursuant to 41-3-423, reasonable services have been provided to the parent or guardian to prevent the removal of the child from the home or to make it possible for the child to safely return home.   (2) An order for temporary legal custody may be in effect for no longer than 6 months.   (3) The granting of temporary legal custody to the department allows the department to place a child in care provided by a custodial or noncustodial parent, kinship foster home, youth foster home, youth group home, youth shelter care facility, or institution.   (4) Before the expiration of the order for temporary legal custody, the county attorney, the attorney general, or an attorney hired by the county shall petition for one of the following:   (a) an extension of temporary legal custody, not to exceed 6 months, upon a showing that:   (i) additional time is necessary for the parent or guardian to successfully complete a treatment plan; or   (ii) continuation of temporary legal custody is necessary because of the child's individual circumstances;   (b) continued temporary placement of the child with the noncustodial parent, superseding any existing custodial order;   (c) termination of the parent-child legal relationship and:   (i) permanent legal custody with the right of adoption;   (ii) permanent placement of the child with the noncustodial parent, superseding any existing custodial order; or   (iii) appointment of a guardian pursuant to 41-3-607;   (d) long-term custody when the child is in a planned permanent living arrangement pursuant to 41-3-445;   (e) appointment of a guardian pursuant to 41-3-444; or   (f) dismissal.   (5) The court may continue an order for temporary legal custody pending a hearing on a petition provided for in subsection (2).   (6) If an extension of temporary legal custody is granted to the department, the court shall state the reasons why the child was not returned home and the conditions upon which the child may be returned home and shall specifically find that an extension is in the child's best interests.   (7) If the time limitations of this section are not met, the court shall review the reasons for the failure and order an appropriate remedy that considers the best interests of the child.   (8) In implementing the policy of this section, the child's health and safety are of paramount concern.   (9) A petition requesting temporary legal custody must be served as provided in 41-3-422.   History: En. Sec. 11, Ch. 281, L. 2001; amd. Sec. 13, Ch. 504, L. 2003; amd. Sec. 2, Ch. 73, L. 2007.
MT Code § 41-3-501 (2021)
2021 Montana Code Annotated|Title 41. Minors|Chapter 3. Child Abuse and Neglect|Part 5. Foster Homes and Other Private Institutions (Renumbered)|41-3-501. Renumbered 41-3-1102 (3), (4)

  41-3-501. Renumbered 41-3-1102(3), (4). Sec. 31, Ch. 465, L. 1983.
MT Code § 41-3-502 (2021)
2021 Montana Code Annotated|Title 41. Minors|Chapter 3. Child Abuse and Neglect|Part 5. Foster Homes and Other Private Institutions (Renumbered)|41-3-502. Renumbered 41-3-1141

  41-3-502. Renumbered 41-3-1141. Sec. 31, Ch. 465, L. 1983.
MT Code § 41-3-503 (2021)
2021 Montana Code Annotated|Title 41. Minors|Chapter 3. Child Abuse and Neglect|Part 5. Foster Homes and Other Private Institutions (Renumbered)|41-3-503. Renumbered 41-3-1142

  41-3-503. Renumbered 41-3-1142. Sec. 31, Ch. 465, L. 1983.
MT Code § 41-3-504 (2021)
2021 Montana Code Annotated|Title 41. Minors|Chapter 3. Child Abuse and Neglect|Part 5. Foster Homes and Other Private Institutions (Renumbered)|41-3-504. Renumbered 41-3-1143

  41-3-504. Renumbered 41-3-1143. Sec. 31, Ch. 465, L. 1983.
MT Code § 41-3-601 (2021)
2021 Montana Code Annotated|Title 41. Minors|Chapter 3. Child Abuse and Neglect|Part 6. Parent-Child Legal Relationship Termination|41-3-601. Short title

  41-3-601. Short title. This part may be cited as the "Parent-Child Legal Relationship Termination Act of 1981".   History: En. Sec. 1, Ch. 420, L. 1981.
MT Code § 41-3-602 (2021)
2021 Montana Code Annotated|Title 41. Minors|Chapter 3. Child Abuse and Neglect|Part 6. Parent-Child Legal Relationship Termination|41-3-602. Purpose

  41-3-602. Purpose. This part provides procedures and criteria by which the parent-child legal relationship may be terminated by a court if the relationship is not in the best interest of the child. The termination of the parent-child legal relationship provided for in this part is to be used in those situations when there is a determination that a child is abused or neglected, as defined in 41-3-102.   History: En. Sec. 2, Ch. 420, L. 1981; amd. Sec. 17, Ch. 458, L. 1995.
MT Code § 41-3-603 (2021)
2021 Montana Code Annotated|Title 41. Minors|Chapter 3. Child Abuse and Neglect|Part 6. Parent-Child Legal Relationship Termination|41-3-603. Repealed

  41-3-603. Repealed. Sec. 17, Ch. 516, L. 1997.   History: En. Sec. 3, Ch. 420, L. 1981; amd. Sec. 1, Ch. 1, L. 1983; amd. Sec. 1, Ch. 388, L. 1985; amd. Sec. 18, Ch. 458, L. 1995.
MT Code § 41-3-604 (2021)
2021 Montana Code Annotated|Title 41. Minors|Chapter 3. Child Abuse and Neglect|Part 6. Parent-Child Legal Relationship Termination|41-3-604. When petition to terminate parental rights required

  41-3-604. When petition to terminate parental rights required. (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 recent 22 months or if the court has found that reasonable efforts to preserve or reunify a child with the child's parent or guardian are not required pursuant to 41-3-423, a petition to terminate parental rights must be filed unless:   (a) the child is being cared for by a relative;   (b) the department has not provided the services considered necessary for the safe return of the child to the child's home; or   (c) the department has documented a compelling reason, available for court review, for determining that filing a petition to terminate parental rights would not be in the best interests of the child.   (2) Compelling reasons for not filing a petition to terminate parental rights include but are not limited to the following:   (a) There are insufficient grounds for filing a petition.   (b) There is adequate documentation that termination of parental rights is not the appropriate plan and not in the best interests of the child.   (3) If a child has been in foster care for 15 months of the most recent 22 months and a petition to terminate parental rights regarding that child has not been filed with the court, the department shall file a report to the court or review panel at least 3 days prior to the next hearing or review detailing the reasons that the petition was not filed.   (4) If a hearing results in a finding of abandonment or that the parent has subjected the child to any of the circumstances listed in 41-3-423(2)(a) through (2)(e) and that reasonable efforts to provide preservation or reunification are not necessary, unless there is an exception made pursuant to subsections (1)(a) through (1)(c) of this section, a petition to terminate parental rights must be filed within 60 days of the finding.   (5) If an exception in subsections (1)(a) through (1)(c) of this section applies, a petition for an extension of temporary legal custody pursuant to 41-3-438, a petition for long-term custody pursuant to 41-3-445, or a petition to dismiss must be filed.   (6) A hearing on a petition for termination of parental rights must be held no later than 45 days from the date the petition was served on the parent or parents, except for good cause shown.   History: En. Sec. 14, Ch. 566, L. 1999; amd. Sec. 16, Ch. 311, L. 2001; amd. Sec. 15, Ch. 504, L. 2003; amd. Sec. 2, Ch. 131, L. 2017.
MT Code § 41-3-605 (2021)
2021 Montana Code Annotated|Title 41. Minors|Chapter 3. Child Abuse and Neglect|Part 6. Parent-Child Legal Relationship Termination|41-3-605. and 41-3-606 reserved

  41-3-605 and 41-3-606 reserved.
MT Code § 41-3-607 (2021)
2021 Montana Code Annotated|Title 41. Minors|Chapter 3. Child Abuse and Neglect|Part 6. Parent-Child Legal Relationship Termination|41-3-607. Petition for termination -- separate hearing -- no jury trial

  41-3-607. Petition for termination -- separate hearing -- no jury trial. (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 parent-child legal relationship is ordered, the court may:   (a) transfer permanent legal custody of the child, with the right to consent to the child's adoption, to:   (i) the department;   (ii) a licensed child-placing agency; or   (iii) another individual who has been approved by the department and has received consent for the transfer of custody from the department or agency that has custody of the child; or   (b) transfer permanent legal custody of the child to the department with the right to petition for appointment of a guardian pursuant to 41-3-444.   (3) If the court does not order termination of the parent-child legal relationship, the child's prior legal status remains in effect until further order of the court.   (4) A guardian ad litem must be appointed to represent the child's best interests in any hearing determining the involuntary termination of the parent-child legal relationship. The guardian ad litem shall continue to represent the child until the child is returned home or placed in an appropriate permanent placement. If a respondent parent is a minor, a guardian ad litem must be appointed to serve the minor parent in addition to any appointed or assigned counsel requested by the minor parent.   (5) There is no right to a jury trial at proceedings held to consider the termination of a parent-child legal relationship.   History: En. Sec. 4, Ch. 420, L. 1981; amd. Sec. 2, Ch. 388, L. 1985; amd. Sec. 19, Ch. 458, L. 1995; amd. Sec. 12, Ch. 516, L. 1997; amd. Sec. 5, Ch. 428, L. 1999; amd. Sec. 16, Ch. 566, L. 1999; amd. Sec. 16, Ch. 504, L. 2003; amd. Sec. 33, Ch. 449, L. 2005; amd. Sec. 4, Ch. 388, L. 2017.
MT Code § 41-3-608 (2021)
2021 Montana Code Annotated|Title 41. Minors|Chapter 3. Child Abuse and Neglect|Part 6. Parent-Child Legal Relationship Termination|41-3-608. Notice

  41-3-608. Notice. 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.   History: En. Sec. 5, Ch. 420, L. 1981; amd. Sec. 6, Ch. 83, L. 2001.
MT Code § 41-3-610 (2021)
2021 Montana Code Annotated|Title 41. Minors|Chapter 3. Child Abuse and Neglect|Part 6. Parent-Child Legal Relationship Termination|41-3-610. Repealed

  41-3-610. Repealed. Sec. 33, Ch. 504, L. 2003.   History: En. Sec. 7, Ch. 420, L. 1981; amd. Sec. 4, Ch. 388, L. 1985.
MT Code § 41-3-611 (2021)
2021 Montana Code Annotated|Title 41. Minors|Chapter 3. Child Abuse and Neglect|Part 6. Parent-Child Legal Relationship Termination|41-3-611. Effect of decree

  41-3-611. Effect of decree. (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, except the right of the child to inherit from the parent.   (2) An order or decree entered pursuant to this part may not disentitle a child to any benefit due the child from any third person, including but not limited to any Indian tribe, agency, state, or the United States.   (3) After the termination of a parent-child legal relationship, the former parent is neither entitled to any notice of proceedings for the adoption of the child nor has any right to object to the adoption or to participate in any permanent placement proceedings held pursuant to 41-3-445.   History: En. Sec. 8, Ch. 420, L. 1981; amd. Sec. 99, Ch. 370, L. 1987; amd. Sec. 21, Ch. 458, L. 1995; amd. Sec. 18, Ch. 504, L. 2003.
MT Code § 41-3-612 (2021)
2021 Montana Code Annotated|Title 41. Minors|Chapter 3. Child Abuse and Neglect|Part 6. Parent-Child Legal Relationship Termination|41-3-612. Appeals

  41-3-612. Appeals. 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.   History: En. Sec. 9, Ch. 420, L. 1981.
MT Code § 41-3-701 (2021)
2021 Montana Code Annotated|Title 41. Minors|Chapter 3. Child Abuse and Neglect|Part 7. Montana Children's Trust Fund (Renumbered)|41-3-701. Renumbered 52-7-101

  41-3-701. Renumbered 52-7-101. Sec. 17(3)(c), Ch. 281, L. 2001.
MT Code § 41-3-702 (2021)
2021 Montana Code Annotated|Title 41. Minors|Chapter 3. Child Abuse and Neglect|Part 7. Montana Children's Trust Fund (Renumbered)|41-3-702. Renumbered 52-7-102

  41-3-702. Renumbered 52-7-102. Sec. 17(3)(c), Ch. 281, L. 2001.
MT Code § 41-3-703 (2021)
2021 Montana Code Annotated|Title 41. Minors|Chapter 3. Child Abuse and Neglect|Part 7. Montana Children's Trust Fund (Renumbered)|41-3-703. Renumbered 52-7-103

  41-3-703. Renumbered 52-7-103. Sec. 17(3)(c), Ch. 281, L. 2001.
MT Code § 41-3-704 (2021)
2021 Montana Code Annotated|Title 41. Minors|Chapter 3. Child Abuse and Neglect|Part 7. Montana Children's Trust Fund (Renumbered)|41-3-704. Renumbered 52-7-104

  41-3-704. Renumbered 52-7-104. Sec. 17(3)(c), Ch. 281, L. 2001.
MT Code § 41-3-705 (2021)
2021 Montana Code Annotated|Title 41. Minors|Chapter 3. Child Abuse and Neglect|Part 7. Montana Children's Trust Fund (Renumbered)|41-3-705. Renumbered 52-7-105

  41-3-705. Renumbered 52-7-105. Sec. 17(3)(c), Ch. 281, L. 2001.
MT Code § 41-3-801 (2021)
2021 Montana Code Annotated|Title 41. Minors|Chapter 3. Child Abuse and Neglect|Part 8. Termination of Parent-Child Legal Relationship -- Sexual Abuse (Renumbered)|41-3-801. Renumbered 40-6-1001

  41-3-801. Renumbered 40-6-1001. Code Commissioner, 2019.
MT Code § 41-3-802 (2021)
2021 Montana Code Annotated|Title 41. Minors|Chapter 3. Child Abuse and Neglect|Part 8. Termination of Parent-Child Legal Relationship -- Sexual Abuse (Renumbered)|41-3-802. Renumbered 40-6-1002

  41-3-802. Renumbered 40-6-1002. Code Commissioner, 2019.
MT Code § 41-3-803 (2021)
2021 Montana Code Annotated|Title 41. Minors|Chapter 3. Child Abuse and Neglect|Part 8. Termination of Parent-Child Legal Relationship -- Sexual Abuse (Renumbered)|41-3-803. Renumbered 40-6-1003

  41-3-803. Renumbered 40-6-1003. Code Commissioner, 2019.
MT Code § 41-3-1001 (2021)
2021 Montana Code Annotated|Title 41. Minors|Chapter 3. Child Abuse and Neglect|Part 10. Citizen Review Board Program Act|41-3-1001. Short title

  41-3-1001. Short title. This part may be cited as the "Citizen Review Board Program Act".   History: En. Sec. 1, Ch. 610, L. 1993; amd. Sec. 2, Ch. 570, L. 2001.
MT Code § 41-3-1002 (2021)
2021 Montana Code Annotated|Title 41. Minors|Chapter 3. Child Abuse and Neglect|Part 10. Citizen Review Board Program Act|41-3-1002. Repealed

  41-3-1002. Repealed. Sec. 14, Ch. 570, L. 2001.   History: En. Sec. 2, Ch. 610, L. 1993; amd. Sec. 1, Ch. 386, L. 1995. amd. Sec. 63, Ch. 545, L. 1995.
MT Code § 41-3-1003 (2021)
2021 Montana Code Annotated|Title 41. Minors|Chapter 3. Child Abuse and Neglect|Part 10. Citizen Review Board Program Act|41-3-1003. Establishment of board -- definition -- membership

  41-3-1003. Establishment of board -- definition -- membership. (1) As used in this part, "board" means a citizen review board appointed as provided in this section.   (2) Subject to the availability of funds, a district court judge who has indicated in writing an interest in having a board shall establish at least one board in the judicial district to review the case of each child in the custody of the department and in foster care. A board may review a case of a child who remains in or returns to the child's home and for whom the department retains legal custody.   (3) A board is composed of at least three and not more than five members appointed by the district court judges. Each member appointed must be sworn in by a judge of the judicial district to which the member is appointed to serve.   (4) The board must be appointed according to the following guidelines:   (a) Members of a board must be recruited from groups with special knowledge of or interest in foster care and child welfare.   (b) As far as practicable, members of a board shall represent the various socioeconomic and ethnic groups of the area served. Boards should include tribal representatives whenever possible.   (c) A person employed by the department who has a direct conflict of interest may not serve on a board.   (d) A member of a board must be a resident of one of the counties of the judicial district that the member is appointed to serve.   (5) The members of a board must be willing to serve without compensation.   History: En. Sec. 3, Ch. 610, L. 1993; amd. Sec. 2, Ch. 386, L. 1995; amd. Sec. 173, Ch. 546, L. 1995; amd. Sec. 3, Ch. 570, L. 2001.