reglab/statecodes huggingface dataset:
2023 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.
2023 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.
2023 Montana Code Annotated › Title 41. Minors › Chapter 3. Child Abuse and Neglect › Part 4. Abuse or Neglect Proceedings › 41-3-434. Stipulations -- prohibition on continuances of hearings

41-3-434. Stipulations -- prohibition on continuances of hearings.
(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 disposition; or
(d) extension of the timeframes contained in this chapter, except for the timeframe contained in 41-3-445.
(2) (a) Unless the court determines that good cause or exigent circumstances exist, a hearing scheduled pursuant to this chapter may not be continued. If the court determines that good cause or exigent circumstances necessitate the continuance of a scheduled hearing, the court shall review the reasons for good cause or the exigency and order an appropriate remedy that considers the best interests of the child.
(b) For the purposes of this subsection (2), "exigent circumstances" means:
(i) newly discovered evidence;
(ii) unforeseen personal emergencies; or
(iii) other unforeseen emergencies or disasters.
(c) For purposes of this subsection (2), "good cause" exists when:
(i) a parent is progressing with recommended treatment or other services included in a court-approved treatment plan and would benefit from a reasonable amount of additional time to complete the identified tasks to achieve reunification with the child;
(ii) additional time is necessary to meet the individual needs of a child, provide for the child's physical or emotional health, or to facilitate the child's permanency;
(iii) continuation of a hearing is necessary to satisfy the procedural requirements of due process or effective representation; or
(iv) the parties agree to a continuance.
History: En. Sec. 14, Ch. 281, L. 2001; en. Sec. 32, Ch. 311, L. 2001; amd. Sec. 10, Ch. 504, L. 2003; amd. Sec. 2, Ch. 779, L. 2023.
2023 Montana Code Annotated › Title 41. Minors › Chapter 3. Child Abuse and Neglect › Part 4. Abuse or Neglect Proceedings › 41-3-439. Repealed

41-3-439. Repealed.
Sec. 9, Ch. 674, L. 2023.
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.
2023 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, in accordance with 41-3-450 and 41-3-451, 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; amd. Sec. 6, Ch. 674, L. 2023.
2023 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.
2023 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.
2023 Montana Code Annotated › Title 41. Minors › Chapter 3. Child Abuse and Neglect › Part 4. Abuse or Neglect Proceedings › 41-3-450. Placement preferences

41-3-450. Placement preferences.
(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 federal Indian Child Welfare Act or the Montana Indian Child Welfare Act.
(2) (a) In any adoptive placement of a child, preference must be given in descending order to placement of the child with:
(i) a member of the child's extended family, including fictive kin;
(ii) a member of the child's community with ethnic, cultural, and religious heritage similar to the child's family; or
(iii) a family with ethnic, cultural, and religious heritage similar to the child's family.
(b) When appropriate, the placement preference of the child or the child's parent or legal guardian must be considered.
(3) Except as provided in 41-3-301(1), in any foster care or preadoptive placement of a child:
(a) the child must be placed in the least restrictive setting that:
(i) most approximates a family, taking into consideration sibling attachment;
(ii) allows the child's special needs, if any, to be met; and
(iii) is in reasonable proximity to the child's home, extended family, or siblings;
(b) preference must be given in descending order to placement of the child with:
(i) a member of the child's extended family, including fictive kin;
(ii) a licensed foster home located in the child's community with ethnic, cultural, and religious heritage similar to the child's family;
(iii) a licensed foster home with ethnic, cultural, and religious heritage similar to the child's family; or
(iv) an institution for children approved by the department that has a program suitable to meet the child's needs; and
(c) the preference of the child or the child's parent or legal guardian must be considered.
(4) For the purposes of this section, "fictive kin" means a person to whom the child and the child's parent and family ascribe a family relationship and with whom the child has had a significant emotional tie that existed prior to the department's involvement with the child and the child's family.
History: En. Sec. 1, Ch. 674, L. 2023; amd. sec. 11, Ch. 674, L. 2023.
2023 Montana Code Annotated › Title 41. Minors › Chapter 3. Child Abuse and Neglect › Part 4. Abuse or Neglect Proceedings › 41-3-451. Exemption from placement preferences

41-3-451. Exemption from placement preferences.
(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 placement that does not follow the order of preference;
(b) a child who is of sufficient age and capacity to understand the decision requests a placement that does not follow the order of preference;
(c) a sibling attachment exists that may be maintained only through a particular placement;
(d) the extraordinary physical, mental, or emotional needs of the child, such as specialized treatment services that may be unavailable in the community where families who meet the placement preferences live, require a particular placement; or
(e) a suitable placement meeting the placement preferences is not available after a diligent search was conducted. The determination that a suitable placement is not available must conform to the prevailing social and cultural standards of the community in which the child's parent or legal guardian or extended family resides or to which the child's parent or legal guardian or extended family members maintain social and cultural ties.
(2) Good cause does not exist to depart from the preferences described in 41-3-450 based on the socioeconomic status of any placement relative to another placement.
History: En. Sec. 2, Ch. 674, L. 2023.
2023 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.
2023 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.
2023 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.
2023 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.
2023 Montana Code Annotated › Title 41. Minors › Chapter 3. Child Abuse and Neglect › Part 6. Parent-Child LegalRelationship Termination -- Reinstatement › 41-3-601. Repealed

41-3-601. Repealed.
Sec. 4, Ch. 295, L. 2023.
History: En. Sec. 1, Ch. 420, L. 1981.
2023 Montana Code Annotated › Title 41. Minors › Chapter 3. Child Abuse and Neglect › Part 6. Parent-Child LegalRelationship Termination -- Reinstatement › 41-3-602. Purpose

41-3-602. Purpose.
(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 child and parent desire reinstatement, and reinstatement is in the best interest of the child.
(2) 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; amd. Sec. 3, Ch. 295, L. 2023.
2023 Montana Code Annotated › Title 41. Minors › Chapter 3. Child Abuse and Neglect › Part 6. Parent-Child LegalRelationship Termination -- Reinstatement › 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.
2023 Montana Code Annotated › Title 41. Minors › Chapter 3. Child Abuse and Neglect › Part 6. Parent-Child LegalRelationship Termination -- Reinstatement › 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.
2023 Montana Code Annotated › Title 41. Minors › Chapter 3. Child Abuse and Neglect › Part 6. Parent-Child LegalRelationship Termination -- Reinstatement › 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.
2023 Montana Code Annotated › Title 41. Minors › Chapter 3. Child Abuse and Neglect › Part 6. Parent-Child LegalRelationship Termination -- Reinstatement › 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.
2023 Montana Code Annotated › Title 41. Minors › Chapter 3. Child Abuse and Neglect › Part 6. Parent-Child LegalRelationship Termination -- Reinstatement › 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.
2023 Montana Code Annotated › Title 41. Minors › Chapter 3. Child Abuse and Neglect › Part 6. Parent-Child LegalRelationship Termination -- Reinstatement › 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.
2023 Montana Code Annotated › Title 41. Minors › Chapter 3. Child Abuse and Neglect › Part 6. Parent-Child LegalRelationship Termination -- Reinstatement › 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.
2023 Montana Code Annotated › Title 41. Minors › Chapter 3. Child Abuse and Neglect › Part 6. Parent-Child LegalRelationship Termination -- Reinstatement › 41-3-613. Relinquishment of parental rights -- open adoption

41-3-613. Relinquishment of parental rights -- open adoption.
(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 adoption in which the parent may maintain contact with the child.
(b) Following the relinquishment of parental rights pursuant to subsection (1)(a), the parent-child legal relationship is terminated.
(2) The agreement may be suspended or terminated if:
(a) in the case of a child who has been subsequently adopted, the adoptive parent or parents determine that continued contact with the parent is no longer in the child's best interest; or
(b) the child is 12 years of age or older and the child no longer consents to have continued contact with the parent.
History: En. Sec. 1, Ch. 208, L. 2023.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 Montana Code Annotated › Title 41. Minors › Chapter 3. Child Abuse and Neglect › Part 10. Citizen Review Board Program Act › 41-3-1004. Administration -- training -- oversight -- procedures

41-3-1004. Administration -- training -- oversight -- procedures.
(1) The office of the court administrator, as provided for in 3-1-701, shall, in accordance with the direction of the supreme court, oversee the program established in this part and shall, at the time prescribed by 5-11-210, prepare a report to the governor, the legislature, and the public regarding:
(a) state laws, policies, and practices affecting permanence and appropriate care for children in the custody of the department and other agencies; and
(b) the effectiveness of the boards in bringing about permanence and appropriate care for children in the custody of the department and other agencies.
(2) The office of the court administrator shall:
(a) establish policies and procedures for adoption by the Montana supreme court for the operation of a board, including procedures for removing members;
(b) provide training programs for board members consisting of orientation training of at least 16 hours and a minimum of 8 hours of continuing education training annually;
(c) provide consultation services on request to a board; and
(d) employ staff and provide for support services for boards.
History: En. Sec. 4, Ch. 610, L. 1993; amd. Sec. 1, Ch. 21, Sp. L. November 1993; amd. Sec. 3, Ch. 386, L. 1995; amd. Sec. 174, Ch. 546, L. 1995; amd. Sec. 4, Ch. 570, L. 2001.
2023 Montana Code Annotated › Title 41. Minors › Chapter 3. Child Abuse and Neglect › Part 10. Citizen Review Board Program Act › 41-3-1005. Removal of members -- grounds

41-3-1005. Removal of members -- grounds.
Grounds for removal of a member of a board under 41-3-1004 may include but are not limited to the following:
(1) nonparticipation by a board member;
(2) a member establishing residence in a judicial district other than the judicial district in which the court the person was appointed to serve is located;
(3) violation of the confidentiality of information established under 41-3-1007; or
(4) other cause or grounds as necessary for the administration of the program.
History: En. Sec. 5, Ch. 610, L. 1993; amd. Sec. 5, Ch. 570, L. 2001.
2023 Montana Code Annotated › Title 41. Minors › Chapter 3. Child Abuse and Neglect › Part 10. Citizen Review Board Program Act › 41-3-1006. Terms -- officers

41-3-1006. Terms -- officers.
(1) A board member shall serve at the pleasure of the appointing authority. However, if not otherwise released from service on a board, the following provisions apply:
(a) A member shall serve a term of 2 years, except that if a vacancy occurs, a successor must be appointed to serve the unexpired term.
(b) A member may be reappointed and continue to serve until a successor is appointed.
(2) A board shall elect annually from its membership a presiding officer and vice presiding officer to serve in the absence of the presiding officer.
History: En. Sec. 6, Ch. 610, L. 1993; amd. Sec. 175, Ch. 546, L. 1995; amd. Sec. 6, Ch. 570, L. 2001.
2023 Montana Code Annotated › Title 41. Minors › Chapter 3. Child Abuse and Neglect › Part 10. Citizen Review Board Program Act › 41-3-1007. Confidentiality of information -- penalty

41-3-1007. Confidentiality of information -- penalty.
(1) Before beginning to serve on a board, each member shall swear or affirm to the court that the member will keep confidential the information reviewed by the board and its actions and recommendations in individual cases.
(2) A member of a board who violates the duty imposed by subsection (1) is guilty of a misdemeanor punishable by a fine not to exceed $1,000.
History: En. Sec. 7, Ch. 610, L. 1993; amd. Sec. 7, Ch. 570, L. 2001.
2023 Montana Code Annotated › Title 41. Minors › Chapter 3. Child Abuse and Neglect › Part 10. Citizen Review Board Program Act › 41-3-1008. Access to records

41-3-1008. Access to records.
(1) Notwithstanding the provisions of 41-3-205, a board has access to:
(a) any records of the district court that are pertinent to the case; and
(b) pertinent electronic and paper records of the department or other agencies that would be admissible in a dispositional hearing conducted pursuant to 41-3-438, including school records and reports of private service providers contained in the records of the department or other agencies.
(2) All requested records not already before the board must be submitted by the department within 10 working days after receipt of a request.
(3) A board may retain a reference copy of case material used by the board to make its recommendation if:
(a) the material is necessary for the ongoing work of the board with regard to the particular case or to work of the board; and
(b) the confidentiality of the material is continued and protected in the same manner as other material received from the department. Material retained by the boards is not subject to disclosure under the public records law.
(4) If a board is denied access to requested records, it may request a hearing. The court may require the organization in possession of the records to show cause why the records should not be made available as provided by this section.
History: En. Sec. 8, Ch. 610, L. 1993; amd. Sec. 4, Ch. 386, L. 1995; amd. Sec. 176, Ch. 546, L. 1995; amd. Sec. 8, Ch. 570, L. 2001; amd. Sec. 19, Ch. 504, L. 2003.
2023 Montana Code Annotated › Title 41. Minors › Chapter 3. Child Abuse and Neglect › Part 10. Citizen Review Board Program Act › 41-3-1009. Repealed

41-3-1009. Repealed.
Sec. 14, Ch. 570, L. 2001.
History: En. Sec. 9, Ch. 610, L. 1993; amd. Sec. 5, Ch. 386, L. 1995.
2023 Montana Code Annotated › Title 41. Minors › Chapter 3. Child Abuse and Neglect › Part 10. Citizen Review Board Program Act › 41-3-1011. Board recommendations concerning foster care services and policy considerations

41-3-1011. Board recommendations concerning foster care services and policy considerations.
In addition to reviewing individual cases of children in foster care, a board may make recommendations to the district court and to the department concerning foster care services, policies, procedures, and laws. Recommendations must be in writing and must be provided to the department.
History: En. Sec. 11, Ch. 610, L. 1993; amd. Sec. 7, Ch. 386, L. 1995; amd. Sec. 178, Ch. 546, L. 1995; amd. Sec. 10, Ch. 570, L. 2001.
2023 Montana Code Annotated › Title 41. Minors › Chapter 3. Child Abuse and Neglect › Part 10. Citizen Review Board Program Act › 41-3-1012. Presence of employees and participants at reviews and deliberations of board

41-3-1012. Presence of employees and participants at reviews and deliberations of board.
(1) Unless excused from doing so by the board, the department and any other agency directly responsible for the care and placement of the child shall require the presence of employees having knowledge of the case at board reviews.
(2) The board may require the presence of specific employees of the department or any other agency or other persons at board reviews. If an employee fails to be present at the review, the board may request a court order. The court may require the employee to be present and show cause why the employee should not be compelled to appear before the board.
(3) The persons who are allowed to be present at a review include representatives of the department or any agency directly responsible for the care or placement of the child, the parents and their attorneys, the foster parents, a relative caring for the child, the preadoptive parents, the surrogate parents, the child who is the subject of the review if 12 years of age or older, the child's attorney or the child's assigned attorney, the guardian ad litem, the court-appointed special advocate of the child, the county attorney or deputy attorney general actively involved in the case, a representative of the child's tribe if the child is an Indian, and other interested persons subject to 41-3-205 and authorized to be present by the board.
(4) Deliberations concerning the recommendations that will be made by the board must be open to all present at the review, except that the presiding officer may close all or part of a deliberation if there has been a threat of a reprisal made by someone who will attend the review or if confidentiality laws preclude open deliberations.
(5) For the purposes of bringing criminal charges against a person who threatens a board member or staff, the board members and board staff must be considered public servants as defined in 45-2-101.
(6) As used in this section, the following definitions apply:
(a) "Close", with regard to deliberations, means that only the board members and board staff may remain in attendance.
(b) "Open" means that review participants may remain in attendance during the deliberations to observe and be available for questions from the board.
(c) "Presence" includes telephone participation, except that a representative of the department knowledgeable about the case at the time of the review must be physically present if required.
History: En. Sec. 12, Ch. 610, L. 1993; amd. Sec. 179, Ch. 546, L. 1995; amd. Sec. 11, Ch. 570, L. 2001; amd. Sec. 35, Ch. 449, L. 2005.
2023 Montana Code Annotated › Title 41. Minors › Chapter 3. Child Abuse and Neglect › Part 10. Citizen Review Board Program Act › 41-3-1013. Court review of findings and recommendations of board

41-3-1013. Court review of findings and recommendations of board.
(1) Upon receipt of findings and recommendations from the board, the district court shall:
(a) review the findings and recommendations of the board within 20 days. If the district court finds it appropriate, the district court may on its own motion schedule a review hearing.
(b) cause the findings and recommendations of the board to become part of the district court file; and
(c) give the board written notice if the district court modifies, alters, or takes action on a case as a result of the board's recommendations or refuses to take action on the board's recommendations in any case.
(2) Upon receipt of findings and recommendations from the board, the department shall:
(a) review the findings and recommendations of the board within 10 days. The recommendations must be implemented and the case plan must be modified as the department considers appropriate and as resources permit.
(b) give the board written notice as soon as practicable, but in no case later than 17 days after receipt of the findings and recommendations, of any reasons why the department objects to or is not able to implement the recommendations; and
(c) include the findings and recommendations of the board as part of the case file of the department.
(3) The court may schedule a hearing on any recommendations that the department objects to or contends that it is unable to implement.
(4) Upon its own motion or upon the request of the department, the board, or any interested party, the district court may appoint an attorney or other person as special advocate to represent or appear on behalf of the child. Subject to the direction of the district court, the court-appointed special advocate shall:
(a) investigate all relevant information about the case;
(b) advocate for the child, ensuring that all relevant facts are brought before the court;
(c) facilitate and negotiate to ensure that the district court, the department, and the child's attorney fulfill their obligations to the child in a timely fashion; and
(d) monitor all district court orders to ensure compliance and to bring to the district court's attention any change in circumstance that may require modification of the district court's order.
History: En. Sec. 13, Ch. 610, L. 1993; amd. Sec. 8, Ch. 386, L. 1995; amd. Sec. 180, Ch. 546, L. 1995; amd. Sec. 12, Ch. 570, L. 2001.
2023 Montana Code Annotated › Title 41. Minors › Chapter 3. Child Abuse and Neglect › Part 10. Citizen Review Board Program Act › 41-3-1014. Repealed

41-3-1014. Repealed.
Sec. 16, Ch. 281, L. 2001; sec. 33, Ch. 311, L. 2001; sec. 14, Ch. 570, L. 2001.
History: En. Sec. 14, Ch. 610, L. 1993; amd. Sec. 9, Ch. 386, L. 1995; amd. Sec. 181, Ch. 546, L. 1995.
2023 Montana Code Annotated › Title 41. Minors › Chapter 3. Child Abuse and Neglect › Part 11. Youth Residential Services (Renumbered and Repealed) › 41-3-1101. Renumbered 52-2-601

41-3-1101. Renumbered 52-2-601.
Sec. 17(3)(d), Ch. 281, L. 2001.
2023 Montana Code Annotated › Title 41. Minors › Chapter 3. Child Abuse and Neglect › Part 11. Youth Residential Services (Renumbered and Repealed) › 41-3-1102. Renumbered 52-2-602

41-3-1102. Renumbered 52-2-602.
Sec. 17(3)(d), Ch. 281, L. 2001.
2023 Montana Code Annotated › Title 41. Minors › Chapter 3. Child Abuse and Neglect › Part 11. Youth Residential Services (Renumbered and Repealed) › 41-3-1103. Renumbered 52-2-603

41-3-1103. Renumbered 52-2-603.
Sec. 17(3)(d), Ch. 281, L. 2001.
2023 Montana Code Annotated › Title 41. Minors › Chapter 3. Child Abuse and Neglect › Part 11. Youth Residential Services (Renumbered and Repealed) › 41-3-1104. Repealed

41-3-1104. Repealed.
Sec. 33, Ch. 311, L. 2001.
History: En. Sec. 26, Ch. 465, L. 1983; amd. Sec. 3, Ch. 531, L. 1985; amd. Sec. 48, Ch. 609, L. 1987; amd. Sec. 185, Ch. 546, L. 1995; amd. Sec. 9, Ch. 550, L. 1997.
2023 Montana Code Annotated › Title 41. Minors › Chapter 3. Child Abuse and Neglect › Part 11. Youth Residential Services (Renumbered and Repealed) › 41-3-1105. Renumbered 52-2-604

41-3-1105. Renumbered 52-2-604.
Sec. 17(3)(d), Ch. 281, L. 2001.
2023 Montana Code Annotated › Title 41. Minors › Chapter 3. Child Abuse and Neglect › Part 11. Youth Residential Services (Renumbered and Repealed) › 41-3-1106. Repealed

41-3-1106. Repealed.
Sec. 112, Ch. 609, L. 1987.
History: En. Sec. 9, Ch. 465, L. 1983.
2023 Montana Code Annotated › Title 41. Minors › Chapter 3. Child Abuse and Neglect › Part 11. Youth Residential Services (Renumbered and Repealed) › 41-3-1111. Renumbered 41-5-314

41-3-1111. Renumbered 41-5-314.
Sec. 15, Ch. 547, L. 1991.
2023 Montana Code Annotated › Title 41. Minors › Chapter 3. Child Abuse and Neglect › Part 11. Youth Residential Services (Renumbered and Repealed) › 41-3-1112. Repealed

41-3-1112. Repealed.
Sec. 27, Ch. 458, L. 1995.
History: En. Sec. 23, Ch. 465, L. 1983; amd. Sec. 49, Ch. 609, L. 1987.
2023 Montana Code Annotated › Title 41. Minors › Chapter 3. Child Abuse and Neglect › Part 11. Youth Residential Services (Renumbered and Repealed) › 41-3-1113. Repealed

41-3-1113. Repealed.
Sec. 112, Ch. 609, L. 1987.
History: En. Sec. 24, Ch. 465, L. 1983.
2023 Montana Code Annotated › Title 41. Minors › Chapter 3. Child Abuse and Neglect › Part 11. Youth Residential Services (Renumbered and Repealed) › 41-3-1114. Repealed

41-3-1114. Repealed.
Sec. 8, Ch. 114, L. 2001; sec. 33, Ch. 311, L. 2001.
History: En. Sec. 25, Ch. 465, L. 1983; amd. Sec. 50, Ch. 609, L. 1987; amd. Sec. 186, Ch. 546, L. 1995; amd. Sec. 10, Ch. 550, L. 1997.
2023 Montana Code Annotated › Title 41. Minors › Chapter 3. Child Abuse and Neglect › Part 11. Youth Residential Services (Renumbered and Repealed) › 41-3-1115. Renumbered 41-3-115

41-3-1115. Renumbered 41-3-115.
Sec. 17(3)(a), Ch. 281, L. 2001.
2023 Montana Code Annotated › Title 41. Minors › Chapter 3. Child Abuse and Neglect › Part 11. Youth Residential Services (Renumbered and Repealed) › 41-3-1121. Repealed

41-3-1121. Repealed.
Sec. 112, Ch. 609, L. 1987.
History: En. 10-1236 by Sec. 36, Ch. 329, L. 1974; amd. Sec. 11, Ch. 100, L. 1977; amd. Sec. 12, Ch. 571, L. 1977; R.C.M. 1947, 10-1236; amd. Sec. 4, Ch. 297, L. 1981; amd. Sec. 10, Ch. 465, L. 1983; MCA 1981, 41-5-801; redes. 41-3-1121 by Sec. 31(4), Ch. 465, L. 1983; amd. Sec. 9, Ch. 15, L. 1985.
2023 Montana Code Annotated › Title 41. Minors › Chapter 3. Child Abuse and Neglect › Part 11. Youth Residential Services (Renumbered and Repealed) › 41-3-1122. Renumbered 52-2-611

41-3-1122. Renumbered 52-2-611.
Sec. 17(3)(d), Ch. 281, L. 2001.
2023 Montana Code Annotated › Title 41. Minors › Chapter 3. Child Abuse and Neglect › Part 11. Youth Residential Services (Renumbered and Repealed) › 41-3-1123. Repealed

41-3-1123. Repealed.
Sec. 11, Ch. 696, L. 1991.
History: 41-3-405 En. 10-1313 by Sec. 9, Ch. 328, L. 1974; R.C.M. 1947, 10-1313(part); amd. Sec. 6, Ch. 567, L. 1979; 41-5-805 En. Sec. 11, Ch. 567, L. 1979; amd. Secs. 12, 13, Ch. 465, L. 1983; 41-3-405 and 41-5-805 combined by Sec. 31(3)(a), Ch. 465, L. 1983; redes. 41-3-1123 by Sec. 31(3)(c), Ch. 465, L. 1983; amd. Sec. 2, Ch. 564, L. 1983; amd. Sec. 53, Ch. 609, L. 1987.
2023 Montana Code Annotated › Title 41. Minors › Chapter 3. Child Abuse and Neglect › Part 11. Youth Residential Services (Renumbered and Repealed) › 41-3-1124. Repealed

41-3-1124. Repealed.
Sec. 11, Ch. 696, L. 1991.
History: 41-3-407 En. Sec. 8, Ch. 567, L. 1979; 41-3-407 amd. Sec. 14, Ch. 465, L. 1983, and Sec. 4, Ch. 564, L. 1983; 41-5-806 En. Sec. 12, Ch. 567, L. 1979; 41-3-407 and 41-5-806 combined by Sec. 31(3)(b), Ch. 465, L. 1983; redes. 41-3-1124 by Sec. 31(3)(c), Ch. 465, L. 1983.
2023 Montana Code Annotated › Title 41. Minors › Chapter 3. Child Abuse and Neglect › Part 11. Youth Residential Services (Renumbered and Repealed) › 41-3-1125. Repealed

41-3-1125. Repealed.
Sec. 11, Ch. 696, L. 1991.
History: (1)En. Sec. 2, Ch. 48, L. 1949; amd. Sec. 1, Ch. 264, L. 1971; Sec. 10-525, R.C.M. 1947; redes. 10-1321 by Sec. 14, Ch. 328, L. 1974; Sec. 10-1321, R.C.M. 1947; (2)En. 10-1313 by Sec. 9, Ch. 328, L. 1974; Sec. 10-1313, R.C.M. 1947; R.C.M. 1947, 10-1313(part), 10-1321; amd. Sec. 2, Ch. 567, L. 1979; amd. Sec. 15, Ch. 465, L. 1983; MCA 1981, 41-3-105; redes. 41-3-1125 by Sec. 31(4), Ch. 465, L. 1983.
2023 Montana Code Annotated › Title 41. Minors › Chapter 3. Child Abuse and Neglect › Part 11. Youth Residential Services (Renumbered and Repealed) › 41-3-1126. Renumbered 52-2-612

41-3-1126. Renumbered 52-2-612.
Sec. 17(3)(d), Ch. 281, L. 2001.
2023 Montana Code Annotated › Title 41. Minors › Chapter 3. Child Abuse and Neglect › Part 11. Youth Residential Services (Renumbered and Repealed) › 41-3-1131. Renumbered 52-2-616

41-3-1131. Renumbered 52-2-616.
Sec. 17(3)(d), Ch. 281, L. 2001.
2023 Montana Code Annotated › Title 41. Minors › Chapter 3. Child Abuse and Neglect › Part 11. Youth Residential Services (Renumbered and Repealed) › 41-3-1132. Renumbered 52-2-617

41-3-1132. Renumbered 52-2-617.
Sec. 17(3)(d), Ch. 281, L. 2001.
2023 Montana Code Annotated › Title 41. Minors › Chapter 3. Child Abuse and Neglect › Part 11. Youth Residential Services (Renumbered and Repealed) › 41-3-1141. Renumbered 52-2-621

41-3-1141. Renumbered 52-2-621.
Sec. 17(3)(d), Ch. 281, L. 2001.
2023 Montana Code Annotated › Title 41. Minors › Chapter 3. Child Abuse and Neglect › Part 11. Youth Residential Services (Renumbered and Repealed) › 41-3-1142. Renumbered 52-2-622

41-3-1142. Renumbered 52-2-622.
Sec. 17(3)(d), Ch. 281, L. 2001.
2023 Montana Code Annotated › Title 41. Minors › Chapter 3. Child Abuse and Neglect › Part 11. Youth Residential Services (Renumbered and Repealed) › 41-3-1143. Renumbered 52-2-623

41-3-1143. Renumbered 52-2-623.
Sec. 17(3)(d), Ch. 281, L. 2001.