Montana Code 41-3-607. Petition for termination — separate hearing — no jury trial
41-3-607. Petition for termination — separate hearing — no jury trial. (1) Except as provided in Title 40, chapter 6, part 10, the termination of a parent-child legal relationship may be considered only after the filing of a petition pursuant to 41-3-422 alleging the factual grounds for termination pursuant to 41-3-609.
Terms Used In Montana Code 41-3-607
- 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
- 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
- Permanent placement: means reunification of the child with the child's parent, adoption, placement with a legal guardian, placement with a fit and willing relative, or placement in another planned permanent living arrangement until the child reaches 18 years of age. See Montana Code 41-3-102
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(2)If termination of a parent-child legal relationship is ordered, the court may:
(a)transfer permanent legal custody of the child, with the right to consent to the child’s adoption, to:
(i)the department;
(ii)a licensed child-placing agency; or
(iii)another individual who has been approved by the department and has received consent for the transfer of custody from the department or agency that has custody of the child; or
(b)transfer permanent legal custody of the child to the department with the right to petition for appointment of a guardian pursuant to 41-3-444.
(3)If the court does not order termination of the parent-child legal relationship, the child’s prior legal status remains in effect until further order of the court.
(4)A guardian ad litem must be appointed to represent the child’s best interests in any hearing determining the involuntary termination of the parent-child legal relationship. The guardian ad litem shall continue to represent the child until the child is returned home or placed in an appropriate permanent placement. If a respondent parent is a minor, a guardian ad litem must be appointed to serve the minor parent in addition to any appointed or assigned counsel requested by the minor parent.
(5)There is no right to a jury trial at proceedings held to consider the termination of a parent-child legal relationship.