Terms Used In Montana Code > Title 41 > Chapter 3 > Part 6 - Parent-Child LegalRelationship Termination -- Reinstatement

• Abused or neglected: means the state or condition of a child who has suffered child abuse or neglect. See Montana Code 41-3-102
• 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
• Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
• 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.
• 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 custodian: 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
• 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
• Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
• Service of process: The service of writs or summonses to the appropriate party.
• 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
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• 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
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• United States: includes the District of Columbia and the territories. See Montana Code 1-1-201
• youth: means any person under 18 years of age. See Montana Code 41-3-102
• Youth in need of care: means a youth who has been adjudicated or determined, after a hearing, to be or to have been abused, neglected, or abandoned. See Montana Code 41-3-102