Terms Used In Montana Code > Title 41 > Chapter 3 > Part 3 - Protective Care

• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• Affidavit: means a sworn written declaration made before an officer authorized to administer oaths or an unsworn written declaration made under penalty of perjury as provided in 1-6-105. See Montana Code 1-1-203
• Child abuse or neglect: means :

  (i)actual physical or psychological harm to a child;

  (ii)substantial risk of physical or psychological harm to a child; or

  (iii)abandonment. See Montana Code 41-3-102

• Child protection specialist: means an employee of the department who investigates allegations of child abuse, neglect, and endangerment and has been certified pursuant to 41-3-127. See Montana Code 41-3-102
• Conviction: A judgement of guilt against a criminal defendant.
• Department: means the department of public health and human services provided for in 2-15-2201. See Montana Code 41-3-102
• Family engagement meeting: means a meeting that involves family members in either developing treatment plans or making placement decisions, or both. See Montana Code 41-3-102
• Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
• Indian child: has the meaning provided in 41-3-1303. See Montana Code 41-3-102
• Indian tribe: has the meaning provided in 41-3-1303. See Montana Code 41-3-102
• Parent: means a biological or adoptive parent or stepparent. See Montana Code 41-3-102
• Peace officer: has the meaning as defined in 46-1-202. See Montana Code 1-1-207
• Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
• Probable cause: A reasonable ground for belief that the offender violated a specific law.
• Protective services: means services provided by the department:

  (i)to enable a child alleged to have been abused or neglected to remain safely in the home;

  (ii)to enable a child alleged to have been abused or neglected who has been removed from the home to safely return to the home; or

  (iii)to achieve permanency for a child adjudicated as a youth in need of care when circumstances and the best interests of the child prevent reunification with parents or a return to the home. See Montana Code 41-3-102

• Public defender: Represent defendants who can't afford an attorney in criminal matters.
• State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
• Treatment plan: means a written agreement between the department and the parent or guardian or a court order that includes action that must be taken to resolve the condition or conduct of the parent or guardian that resulted in the need for protective services for the child. See Montana Code 41-3-102