41-3-602. Purpose. (1) This part provides procedures and criteria by which the parent-child legal relationship:

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Terms Used In Montana Code 41-3-602

  • Abused or neglected: means the state or condition of a child who has suffered child abuse or neglect. See Montana Code 41-3-102
  • Parent: means a biological or adoptive parent or stepparent. See Montana Code 41-3-102
  • Parent-child legal relationship: means the legal relationship that exists between a child and the child's birth or adoptive parents, as provided in Title 40, chapter 6, part 2, unless the relationship has been terminated by competent judicial decree as provided in 40-6-234, Title 42, or part 6 of this chapter. See Montana Code 41-3-102

(a)may be terminated by a court if the relationship is not in the best interest of the child; or

(b)may be reinstated by a court when permanency has not been achieved for a child, the child and parent desire reinstatement, and reinstatement is in the best interest of the child.

(2)The termination of the parent-child legal relationship provided for in this part is to be used in those situations when there is a determination that a child is abused or neglected, as defined in 41-3-102.