Montana Code 41-3-306. Emergency protective services hearing — exception
41-3-306. Emergency protective services hearing — exception. (1) (a) A district court shall hold a hearing within 5 business days of a child’s removal from the home pursuant to 41-3-301 to determine whether there is probable cause to continue the removal beyond 5 business days.
Terms Used In Montana Code 41-3-306
- Department: means the department of public health and human services provided for in 2-15-2201. 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
- Parent: means a biological or adoptive parent or stepparent. See Montana Code 41-3-102
- 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
- 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
(b)The department shall provide notification of the hearing as required under 41-3-301.
(c)A hearing is not required if the child is released prior to the time of the required hearing.
(2)The hearing may be held in person, by videoconference, or, if no other means are available, by telephone.
(3)The child and the child’s parents, parent, guardian, or other person having physical or legal custody of the child must be represented by counsel at the hearing.
(4)If the court determines that continued out-of-home placement is needed, the court shall:
(a)establish guidelines for visitation by the parents, parent, guardian, or other person having physical or legal custody of the child pending the show cause hearing; and
(b)review the availability of options for a kinship placement and make recommendations if appropriate.
(5)The court may direct the department to develop and implement a treatment plan before the show cause hearing if the parents, parent, guardian or other person having physical or legal custody of the child stipulates to a condition subject to a treatment plan and agrees to immediately comply with the treatment plan if a plan is developed.
(6)If the court determines continued removal is not appropriate, the child must be immediately returned to the parents, parent, guardian, or other person having physical or legal custody of the child.
(7)The emergency protective services hearing is an emergency proceeding for the purposes of the federal Indian Child Welfare Act and is not subject to the notice requirements of that act.
(8)The emergency protective services hearing is an emergency proceeding for the purposes of the Montana Indian Child Welfare Act provided for in Title 41, chapter 3, part 13, and is not subject to the notice requirements of the Montana Indian Child Welfare Act. (Subsection (8) terminates June 30, 2025–sec. 55, Ch. 716, L. 2023.)