Montana Code 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:
Terms Used In Montana Code 41-3-1013
- board: means a citizen review board appointed as provided in this section. See Montana Code 41-3-1003
- Department: means the department of public health and human services provided for in 2-15-2201. 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
(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.