Montana Code 41-3-302. Responsibility of providing protective services — written prevention plans
41-3-302. Responsibility of providing protective services — written prevention plans. (1) The department of public health and human services has the primary responsibility to provide the protective services authorized by this chapter and has the authority pursuant to this chapter to take temporary or permanent custody of a child when ordered to do so by the court, including the right to give consent to adoption.
Terms Used In Montana Code 41-3-302
- 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
- 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.
- 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
- 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
(2)The department shall respond to emergency reports of known or suspected child abuse or neglect 24 hours a day, 7 days a week.
(3)(a) The department may provide voluntary protective services by entering into a written prevention plan with a parent, guardian, or other person having physical or legal custody of the child for the purpose of keeping the child safely in the home or for the purpose of returning the child to the home within a 30-day temporary out-of-home protective placement.
(b)The department shall inform a parent, guardian, or other person having physical or legal custody of a child who is considering entering into a written prevention plan that the parent, guardian, or other person may have another person of the parent’s, guardian’s, or other person’s choice present whenever the terms of the written prevention plan are under discussion by the parent, guardian, or other person and the department. Reasonable accommodations must be made regarding the time and place of meetings at which a written prevention plan is discussed.
(4)A written prevention plan may include provisions for:
(a)a family engagement meeting and implementation of safety plans developed during the meeting;
(b)a professional evaluation and treatment of the parent, guardian, or other person having physical or legal custody of the child or of the child, or both;
(c)a safety plan for the child;
(d)in-home services aimed at permitting the child to remain safely in the home;
(e)temporary relocation of a parent, guardian, or other person having physical or legal custody of the child in order to permit the child to remain safely in the home;
(f)a 30-day temporary out-of-home protective placement; or
(g)any other terms or conditions agreed upon by the parties that would allow the child to remain safely in the home or allow the child to safely return to the home within the 30-day period, including referrals to other service providers.
(5)A written prevention plan is subject to termination by either party at any time. Termination of a written prevention plan does not preclude the department from filing a petition pursuant to 41-3-422 in any case in which the department determines that there is a risk of harm to a child.
(6)If a written prevention plan is terminated by a party to the agreement, a child who has been placed in a temporary out-of-home protective placement pursuant to the agreement must be returned to the parent, guardian, or other person having physical or legal custody of the child within 2 working days of termination of the agreement unless an abuse and neglect petition is filed by the department.