Terms Used In Montana Code > Title 41 > Chapter 3 > Part 2 - Reports and Investigations

• Abused or neglected: means the state or condition of a child who has suffered child abuse or neglect. See Montana Code 41-3-102
• Allegation: something that someone says happened.
• Best interests of the child: means the physical, mental, and psychological conditions and needs of the child and any other factor considered by the court to be relevant to the child. See Montana Code 41-3-102
• 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

• Child protection specialist: means an employee of the department who investigates allegations of child abuse, neglect, and endangerment and has been certified pursuant to 41-3-127. See Montana Code 41-3-102
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Conviction: A judgement of guilt against a criminal defendant.
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• dangerous drugs: means the compounds and substances described as dangerous drugs in Schedules I through IV in Title 50, chapter 32, part 2. See Montana Code 41-3-102
• Decline to prosecute: means a decision not to file criminal charges based on the matter reported by the department or investigation by law enforcement for any reason, including but not limited to insufficient evidence. See Montana Code 41-3-102
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Department: means the department of public health and human services provided for in 2-15-2201. See Montana Code 41-3-102
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• 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
• Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
• 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.
• Indian child: has the meaning provided in 41-3-1303. See Montana Code 41-3-102
• Indian tribe: has the meaning provided in 41-3-1303. See Montana Code 41-3-102
• infant: means an infant less than 1 year of age or an infant 1 year of age or older who has been continuously hospitalized since birth, who was born extremely prematurely, or who has a long-term disability. See Montana Code 41-3-102
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Knowingly: means only a knowledge that the facts exist which bring the act or omission within the provisions of this code. See Montana Code 1-1-204
• Parent: means a biological or adoptive parent or stepparent. See Montana Code 41-3-102
• Peace officer: has the meaning as defined in 46-1-202. See Montana Code 1-1-207
• Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• Process: means a writ or summons issued in the course of judicial proceedings. See Montana Code 1-1-202
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• 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

• Public defender: Represent defendants who can't afford an attorney in criminal matters.
• Reasonable cause to suspect: means cause that would lead a reasonable person to believe that child abuse or neglect may have occurred or is occurring, based on all the facts and circumstances known to the person. See Montana Code 41-3-102
• Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
• Safety and risk assessment: means an evaluation by a child protection specialist following an initial report of child abuse or neglect to assess the following:

  (a)the existing threat or threats to the child's safety;

  (b)the protective capabilities of the parent or guardian;

  (c)any particular vulnerabilities of the child;

  (d)any interventions required to protect the child; and

  (e)the likelihood of future physical or psychological harm to the child. See Montana Code 41-3-102

• Sexual abuse: means the commission of sexual assault, sexual intercourse without consent, aggravated sexual intercourse without consent, indecent exposure, sexual abuse, ritual abuse of a minor, or incest, as described in Title 45, chapter 5. See Montana Code 41-3-102
• Sexual exploitation: means :

  (a)allowing, permitting, or encouraging a child to engage in a prostitution offense, as described in 45-5-601;

  (b)allowing, permitting, or encouraging sexual abuse of children as described in 45-5-625; or

  (c)allowing, permitting, or encouraging sex trafficking as described in 45-5-702, 45-5-705, 45-5-706, or 45-5-711. See Montana Code 41-3-102

• State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
• Treatment plan: means a written agreement between the department and the parent or guardian or a court order that includes action that must be taken to resolve the condition or conduct of the parent or guardian that resulted in the need for protective services for the child. See Montana Code 41-3-102
• United States: includes the District of Columbia and the territories. See Montana Code 1-1-201
• Writing: includes printing. See Montana Code 1-1-203
• youth: means any person under 18 years of age. See Montana Code 41-3-102