Montana Code 41-3-307. Availability of prehearing conferences
41-3-307. Availability of prehearing conferences. (1) The parents, parent, guardian, or other person having physical or legal custody of a child who has been removed from the home pursuant to 41-3-301 may participate in a conference within 5 days of the child’s removal and before an emergency protective services hearing held by the court pursuant to 41-3-306.
Terms Used In Montana Code 41-3-307
- 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.
- 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)A prehearing conference must include the following parties:
(a)the parents, parent, guardian, or other person having physical or legal custody of the child;
(b)the person’s legal counsel;
(c)the county attorney’s office; and
(d)a department social worker.
(3)To the greatest degree possible using available funding, the meetings must be conducted by an independent and trained facilitator.
(4)At a minimum, the meetings must involve discussion of:
(a)the child’s current placement and options for continued placement if the child remains out of the home;
(b)whether other options exist for an in-home safety plan or resource that may allow the child to remain in the home;
(c)parenting time schedules; and
(d)treatment services for the family.