Montana Code > Title 5 > Chapter 11 – Legislative Council and Publication of Laws

		Sections
Part 1	Composition — Powers and Duties — Personnel	§ 5-11-101 – § 5-11-120
Part 2	Dissemination of Laws and Proceedings	§ 5-11-201 – § 5-11-222
Part 3	Interstate, International, and Intergovernmental Cooperation	§ 5-11-301 – § 5-11-305
Part 4	Information Technology Planning	§ 5-11-401 – § 5-11-407
Part 7	Pacific Northwest Economic Region	§ 5-11-701 – § 5-11-708
Part 11	Broadcasting Services	§ 5-11-1101 – § 5-11-1112

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Terms Used In Montana Code > Title 5 > Chapter 11 - Legislative Council and Publication of Laws

Abandoned: means left without provision for reasonable and necessary care or supervision. See Montana Code 40-7-103
Abused or neglected: means the state or condition of a child who has suffered child abuse or neglect. See Montana Code 41-3-102
Active efforts: means affirmative, active, thorough, and timely efforts meeting the requirements of 41-3-1319 that are intended primarily to maintain or reunite an Indian child with the child's family and that are tailored to the facts and circumstances of the case. See Montana Code 41-3-1303
Adequate health care: means any medical care or nonmedical remedial health care recognized by an insurer licensed to provide disability insurance under Title 33, including the prevention of the withholding of medically indicated treatment or medically indicated psychological care permitted or authorized under state law. See Montana Code 41-3-102
Adoptive placement: means the permanent placement of an Indian child for adoption, including any action resulting in a final decree of adoption. See Montana Code 41-3-1303
Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
Affidavit: means a sworn written declaration made before an officer authorized to administer oaths or an unsworn written declaration made under penalty of perjury as provided in 1-6-105. See Montana Code 1-1-203
Agency: means an office, position, commission, committee, board, department, council, division, bureau, section, or any other entity or instrumentality of the executive branch of state government. See Montana Code 2-15-102
Agriculture: means :

(a)all aspects of farming, including the cultivation and tillage of the soil;

(b)(i) dairying; and

(ii)the production, cultivation, growing, and harvesting of any agricultural or horticultural commodities, including commodities defined as agricultural commodities in the federal Agricultural Marketing Act, 12 U. See Montana Code 41-2-103
Allegation: something that someone says happened.
Alleged father: means a person who is alleged to have engaged in sexual intercourse with a child's mother during a possible time of conception of the child or a person who is presumed to be a child's father under the provisions of 40-6-105. See Montana Code 40-5-201
Alternative arrangement: means a written agreement between the obligor and obligee, and the department in the case of an assignment of rights under 53-2-613, that has been approved and entered in the record of the court or administrative authority issuing or modifying the support order. See Montana Code 40-5-403
Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
Arbitration agreement: means an agreement that subjects a family law dispute to arbitration. See Montana Code 40-16-102
Arbitration organization: means an association, agency, board, commission, or other entity that is neutral and initiates, sponsors, or administers an arbitration or is involved in the selection of an arbitrator. See Montana Code 40-16-102
Arbitrator: means an individual selected, alone or with others, to make an award in a family law dispute that is subject to an arbitration agreement. See Montana Code 40-16-102
Arrest: Taking physical custody of a person by lawful authority.
Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. ^{Source: OCC}
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
board: means a citizen review board appointed as provided in this section. See Montana Code 41-3-1003
Broadcasting: means any application of communication technologies to deliver live or delayed programming to a viewing audience, including but not limited to over-the-air television broadcasts, cable television, and the streaming of audio or video signals over the internet. See Montana Code 5-11-1102
Chambers: A judge's office.
Child: means an individual who has not attained 18 years of age. See Montana Code 40-7-103
Child: means :

(i)a person under 18 years of age who is not otherwise emancipated, self-supporting, married, or a member of the armed forces of the United States;

(ii)a person under 19 years of age and still in high school;

(iii)a person who is mentally or physically incapacitated if the incapacity began prior to the person's 18th birthday; or

(iv)in a IV-D case, a person for whom:

(A)support rights are assigned under 53-2-613;

(B)a public assistance payment has been made;

(C)the department is providing support enforcement services under 40-5-203; or

(D)the department has received a referral for IV-D services from an agency of another state or an Indian tribe under the provisions of the Uniform Interstate Family Support Act, the Revised Uniform Reciprocal Enforcement of Support Act, the Uniform Reciprocal Enforcement of Support Act, or Title IV-D of the Social Security Act. See Montana Code 40-5-201
Child: means :

(i)a person under 18 years of age who is not emancipated, self-supporting, married, or a member of the armed forces of the United States;

(ii)a person under 19 years of age who is still in high school;

(iii)a person who is mentally or physically incapacitated when the incapacity began prior to that person reaching 18 years of age; and

(iv)in IV-D cases, a person for whom:

(A)support rights are assigned under 53-2-613;

(B)a public assistance payment has been made;

(C)the department is providing support enforcement services under 40-5-203; or

(D)the department has received a referral for IV-D services under the provisions of the Uniform Interstate Family Support Act, the Revised Uniform Reciprocal Enforcement of Support Act, the Uniform Reciprocal Enforcement of Support Act, or Title IV-D of the Social Security Act. See Montana Code 40-5-701
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 custody determination: means a judgment, decree, or other order of a court providing for the legal custody, physical custody, or visitation with respect to a child. See Montana Code 40-7-103
Child custody proceeding: means a proceeding in which legal custody, physical custody, or visitation with respect to a child is an issue. See Montana Code 40-7-103
Child custody proceeding: means any state or private proceeding, other than an emergency proceeding, that may culminate in a foster care placement, termination of parental rights, preadoptive placement, or adoptive placement. See Montana Code 41-3-1303
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
Child-related dispute: means a family law dispute regarding the parenting or financial support of a child. See Montana Code 40-16-102
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.
Commencement: means the filing of the first pleading in a proceeding. See Montana Code 40-7-103
Committee membership: Legislators are assigned to specific committees by their party. Seniority, regional balance, and political philosophy are the most prominent factors in the committee assignment process.
Committee on committees: Committees formed in each party conference and responsible for nominating the party's Senators to committee membership and committee leadership positions. Nominations are subject to approval by the full party conference and to a formal vote of the Senate.
Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
Concurrent planning: means to work toward reunification of the child with the family while at the same time developing and implementing an alternative permanent plan. See Montana Code 41-3-102
Conservation activity: means an activity for which a conservation license is issued by the department of fish, wildlife, and parks pursuant to 87-2-201. See Montana Code 40-5-701
Continuance: Putting off of a hearing ot trial until a later time.
Contract: A legal written agreement that becomes binding when signed.
Conviction: A judgement of guilt against a criminal defendant.
Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
Court: means an entity authorized under the law of a state to establish, enforce, or modify a child custody determination. See Montana Code 40-7-103
Court: means a court of record in a competent jurisdiction and, in Montana, means a district court or a tribal court. See Montana Code 40-6-402
Court: means the district court. See Montana Code 40-16-102
Credit bureau: An agency that collects individual credit information and sells it for a fee to creditors so they can make a decision on granting loans. Typical clients include banks, mortgage lenders, credit card companies, and other financing companies. (Also commonly referred to as consumer-reporting agency or credit-reporting agency.) ^{Source: OCC}
Credit report: A detailed report of an individual's credit history prepared by a credit bureau and used by a lender in determining a loan applicant's creditworthiness. ^{Source: OCC}
Customary: means according to usage. See Montana Code 1-1-206
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
Data: means any information stored on information technology resources. See Montana Code 2-15-102
Decedent: A deceased person.
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.
Delinquency: means a support debt or support obligation due under a support order in an amount greater than or equal to 6 months' support payments as of the date of service of a notice of intent to suspend a license. See Montana Code 40-5-701
Department: means a principal functional and administrative entity that:

(a)is created by this chapter within the executive branch of state government;

(b)is one of the 20 principal departments permitted under the constitution; and

(c)includes its units. See Montana Code 2-15-102
Department: means the department of public health and human services provided for in 2-15-2201. See Montana Code 41-3-102
Department: means the department of public health and human services. See Montana Code 40-5-201
Department: means the department of public health and human services provided for in 2-15-2201. See Montana Code 40-5-403
Department: means the department of public health and human services. See Montana Code 40-5-701
Department: means the department of public health and human services provided for in 2-15-2201. See Montana Code 40-6-402
Department: means the department of labor and industry provided for in 2-15-1701. See Montana Code 41-2-103
Department: means the department of public health and human services provided for in 2-15-2201. See Montana Code 41-3-1303
Dependent: A person dependent for support upon another.
Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
Deposition: means a written declaration under oath or affirmation, made upon notice to the adverse party for the purpose of enabling the adverse party to attend and cross-examine. See Montana Code 1-1-202
Director: means the director of the department of public health and human services or the director's authorized representative. See Montana Code 40-5-201
Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
Division: means the legislative services division provided for in 5-11-111. See Montana Code 5-11-1102
Docket: A log containing brief entries of court proceedings.
Domestic service: means an occasional, irregular, or incidental nonhazardous occupational activity related to and conducted in or around a private residence, including but not limited to babysitting, pet sitting or similar household chore, and manual yard work. See Montana Code 41-2-103
Donor: The person who makes a gift.
Emancipated minor: means an individual under 18 years of age who:

(a)is or has been married;

(b)is separated from the individual's parent, parents, or legal guardian and is self-supporting; or

(c)has been granted the right to consent to medical treatment pursuant to an order of limited emancipation granted by a court pursuant to 41-3-438. See Montana Code 41-1-401
Emergency services provider: means :

(a)a uniformed or otherwise identifiable employee of a fire department, hospital, or law enforcement agency when the individual is on duty inside the premises of the fire department, hospital, or law enforcement agency or is on duty responding to an emergency call; or

(b)any law enforcement officer, as defined in 7-32-201, who is in uniform or is otherwise identifiable. See Montana Code 40-6-402
Employer: includes a payor. See Montana Code 40-5-303
Employer: includes a payor. See Montana Code 40-5-403
Employer: includes an individual, partnership, association, corporation, business trust, person, or group of persons acting directly or indirectly in the interest of an employer in relation to an employee. See Montana Code 41-2-103
employment: means an occupation engaged in, permitted, or suffered, with or without compensation in money or other valuable consideration, whether paid to the minor or to some other person, including but not limited to occupations as servant, agent, subagent, or independent contractor. See Montana Code 41-2-103
Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
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.
extended family member: means an individual defined by the law or custom of the Indian child's tribe as a relative of the Indian child. See Montana Code 41-3-1303
Extradition: The formal process of delivering an accused or convicted person from authorities in one state to authorities in another state.
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
Family law dispute: means a contested issue arising under Title 40. See Montana Code 40-16-102
Fiduciary: A trustee, executor, or administrator.
Financial institution: means :

(a)a depository institution, as defined in section 3(c) of the Federal Deposit Insurance Act, 12 U. See Montana Code 40-5-403
Fire department: means a governmental fire agency organized under Title 7, chapter 33. See Montana Code 40-6-402
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.
Foreign protection order: means a protection order issued by a court of another state. See Montana Code 40-15-402
Foster care placement: means an action removing an Indian child from the child's parent or Indian custodian for temporary placement in a foster home or institution or with a relative, guardian, conservator, or suitable other person under which the parent or Indian custodian may not have the child returned on demand but parental rights have not been terminated. See Montana Code 41-3-1303
Fraud: Intentional deception resulting in injury to another.
Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
Gavel-to-gavel coverage: means that any broadcast of legislative or administrative proceedings is activated when the presiding officer of a floor session or a committee meeting calls the body to order and is deactivated on adjournment. See Montana Code 5-11-1102
Germane: On the subject of the pending bill or other business; a strict standard of relevance.
Gross negligence: means conduct so reckless as to demonstrate a substantial lack of concern for whether an injury results. See Montana Code 40-6-402
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.
Guidelines: means the child support guidelines adopted pursuant to 40-5-209. See Montana Code 40-5-201
Health care facility: has the meaning provided in 50-5-101. See Montana Code 41-1-401
Health professional: includes only those persons licensed in Montana as physicians, psychiatrists, psychologists, advanced practice registered nurses, dentists, physician assistants, professional counselors, or social workers. See Montana Code 41-1-401
Hearsay: Statements by a witness who did not see or hear the incident in question but heard about it from someone else. Hearsay is usually not admissible as evidence in court.
Home state: means the state in which a child lived with a parent or a person acting as parent for at least 6 consecutive months immediately before the commencement of a child custody proceeding. See Montana Code 40-7-103
Hospital: has the meaning provided in 50-5-101 and includes a rural emergency hospital. See Montana Code 40-6-402
Income: means any form of periodic payment to a person, regardless of source, including commissions, bonuses, workers' compensation, disability benefits, payments under a pension or retirement program, interest and earnings, and wages. See Montana Code 40-5-303
Income: means any form of payment to a person, regardless of source, including commissions, bonuses, workers' compensation, disability payments, payments under a pension or retirement program, interest, and earnings and wages. See Montana Code 40-5-403
Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. ^{Source: FDIC}
Indian: means a person who is a member of an Indian tribe or who is an Alaska Native and a member of a regional corporation as established in 43 U. See Montana Code 41-3-1303
Indian child: has the meaning provided in 41-3-1303. See Montana Code 41-3-102
Indian child: means an unmarried Indian person who is under 18 years of age and who is:

(a)a member of an Indian tribe; or

(b)eligible for membership in an Indian tribe and is the biological child of a member of an Indian tribe. See Montana Code 41-3-1303
Indian custodian: has the meaning provided in 41-3-1303. See Montana Code 41-3-102
Indian custodian: means an Indian person who under tribal law, tribal custom, or state law has legal or temporary physical custody of an Indian child or to whom the parent has transferred temporary care, physical custody, and control of the Indian child. See Montana Code 41-3-1303
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
Initial determination: means the first child custody determination concerning a particular child. See Montana Code 40-7-103
Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. ^{Source: OCC}
Issuing court: means the court that makes a child custody determination for which enforcement is sought under this chapter. See Montana Code 40-7-103
Issuing state: means the state whose court issues a protection order. See Montana Code 40-15-402
IV-D agency: means the agency responsible for the provision of services under Title IV-D of the Social Security Act, 42 U. See Montana Code 40-5-403
IV-D case: means a case in which the department is providing support enforcement services as a result of:

(a)an assignment of support rights under 53-2-613;

(b)a payment of public assistance;

(c)an application for support enforcement services under 40-5-203; or

(d)a referral for services from an agency of another state or an Indian tribe under the provisions of the Uniform Reciprocal Enforcement of Support Act, the Revised Uniform Reciprocal Enforcement of Support Act, the Uniform Interstate Family Support Act, or Title IV-D of the Social Security Act. See Montana Code 40-5-701
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
Law enforcement agency: means a police department, a sheriff's office, a detention center as defined in 7-32-2241, or a correctional institution as defined in 45-2-101. See Montana Code 40-6-402
Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto).
Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
License: means a license, certificate, registration, permit, or any other authorization issued by an agency of the state of Montana granting a person a right or privilege to engage in a business, occupation, profession, conservation activity, or any other privilege that is subject to suspension, revocation, forfeiture, termination, or a declaration of ineligibility to purchase by the licensing authority prior to its date of expiration. See Montana Code 40-5-701
Licensing authority: means any department, division, board, agency, or instrumentality of this state that issues a license. See Montana Code 40-5-701
Lien: A claim against real or personal property in satisfaction of a debt.
Limited emancipation: means a status conferred on a youth by a court in accordance with 41-1-503 under which the youth is entitled to exercise some but not all of the rights and responsibilities of a person who is 18 years of age or older. See Montana Code 41-3-102
Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
Majority party: means the party with the most members in a house of the legislature, subject to subsection (2). See Montana Code 1-1-208
membership: means a determination by an Indian tribe that an individual is a member of or eligible for membership in that Indian tribe. See Montana Code 41-3-1303
Minor: means an individual under 18 years of age, except for an individual who:

(a)has received a high school diploma or a high school equivalency diploma;

(b)is 16 years of age or older and is enrolled in a registered state or federal apprenticeship program; or

(c)is 16 years of age or older and is a student-employee under the direct and close supervision of a qualified and experienced person with experience in the occupation in which the minor is employed as provided in 41-2-110. See Montana Code 41-2-103
Minority leader: See Floor Leaders
Minority leader: means the leader of the minority party, elected by the caucus as provided in 5-2-221. See Montana Code 1-1-208
Minority party: means the party with the second most members in a house of the legislature, subject to subsection (2). See Montana Code 1-1-208
Modification: means a child custody determination that changes, replaces, supersedes, or is otherwise made after a previous determination concerning the same child, whether or not it is made by the court that made the previous determination. See Montana Code 40-7-103
Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
Mutual foreign protection order: means a foreign protection order that includes provisions in favor of both the protected individual seeking enforcement of the order and the respondent. See Montana Code 40-15-402
Need: means the necessary costs of food, clothing, shelter, and medical care for the support of a child or children. See Montana Code 40-5-201
Newborn: means an infant who a physician reasonably believes to be no more than 30 days old. See Montana Code 40-6-402
Newborn safety device: means a medical device that meets the following requirements:

(a)provides a controlled environment for the care and protection of a newborn;

(b)includes an adequate dual alarm system connected to the newborn safety device:

(i)that is tested at least one time a month to ensure the alarm system is in working order; and

(ii)that dispatches the nearest emergency services provider to retrieve a newborn placed in the device;

(c)is physically located on an exterior structural wall of the premises of a fire department, hospital, or law enforcement agency that is staffed 24 hours a day, except that all emergency services providers located at the premises may be dispatched to an emergency; and

(d)is located in an area that is conspicuous and visible to an emergency services provider. See Montana Code 40-6-402
Oath: A promise to tell the truth.
Oath: includes an affirmation or declaration. See Montana Code 1-1-201
Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
Obligee: means :

(a)a person to whom a duty of support is owed and who is receiving support enforcement services under this part; or

(b)a public agency of this or another state or an Indian tribe having the right to receive current or accrued support payments. See Montana Code 40-5-201
Obligee: means either a person to whom a duty of support is owed or a public agency of this or another state or an Indian tribe to which a person has assigned the right to receive current and accrued support payments. See Montana Code 40-5-403
Obligee: means :

(a)a person to whom a support debt or support obligation is owed; or

(b)a public agency of this or another state or an Indian tribe that has the right to receive current or accrued support payments or that is providing support enforcement services under this chapter. See Montana Code 40-5-701
Obligor: means a person, including an alleged father, who owes a duty of support. See Montana Code 40-5-201
Obligor: means a person who owes a duty to make payments under a support order. See Montana Code 40-5-403
Obligor: means a person who owes a duty of support or who is subject to a subpoena or warrant in a paternity or child support proceeding. See Montana Code 40-5-701
Occupation: means :

(a)an occupation, service, trade, business, or industry in which employees are employed;

(b)any branch or group of industries in which employees are employed; or

(c)any employment or class of employment in which employees are employed. See Montana Code 41-2-103
Operator: means :

(a)a private, nonprofit organization exempt from taxation under section 501(c) of the Internal Revenue Code; or

(b)a public or private Montana institution of higher education that has a program related to video production or broadcast or a related field. See Montana Code 5-11-1102
Oral argument: An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions.
Order suspending a license: means an order issued by a support enforcement entity to suspend a license. See Montana Code 40-5-701
Oversight: Committee review of the activities of a Federal agency or program.
Parent: means a biological or adoptive parent or stepparent. See Montana Code 41-3-102
Parent: means the natural or adoptive parent of a child. See Montana Code 40-5-201
Parent: means a biological parent of an Indian child or an individual who has lawfully adopted an Indian child, including adoptions made as tribal customary adoptions. See Montana Code 41-3-1303
Parent and child relationship: means the legal relationship existing between a child and the child's natural or adoptive parents incident to which the law confers or imposes rights, privileges, duties, and obligations. See Montana Code 40-6-102
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
Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
Party: means an individual who signs an arbitration agreement and whose rights will be determined by an award. See Montana Code 40-16-102
Paternity genetic test: means a test that demonstrates through examination of genetic markers either that an alleged father is not the natural father of a child or that there is a probability that an alleged father is the natural father of a child. See Montana Code 40-5-201
Paternity test: means a test that demonstrates through examination of genetic markers either that an alleged father is not the natural father of a child or that there is a probability that an alleged father is the natural father of a child. See Montana Code 40-6-102
Payment plan: includes but is not limited to a plan approved by the support enforcement entity that provides sufficient security to ensure compliance with a support order and that incorporates voluntary or involuntary income withholding under part 3 or 4 of this chapter or a similar plan for periodic payment of a support debt and, if applicable, current and future support. See Montana Code 40-5-701
Payor: means any entity that pays income to an obligor on a periodic basis and includes any person, firm, corporation, association, employer, trustee, political subdivision, or state agency or an agent of any one of them, subject to the jurisdiction of the courts of this state under Rule 4(b) of the Montana Rules of Civil Procedure. See Montana Code 40-5-303
Payor: means any payor of income to an obligor and includes any person, firm, corporation, association, employer, trustee, political subdivision, state agency, or any agent thereof who is subject to the jurisdiction of the courts of this state under Rule 4(b) of the Montana Rules of Civil Procedure or any employer under the Uniform Interstate Family Support Act contained in part 10 of this chapter. See Montana Code 40-5-403
Peace officer: has the meaning as defined in 46-1-202. See Montana Code 1-1-207
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 government, a governmental subdivision, an agency, an instrumentality, or any other legal or commercial entity. See Montana Code 40-7-103
Person: means an individual, estate, business or nonprofit entity, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal entity. See Montana Code 40-16-102
Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
Person acting as a parent: means a person, other than a parent, who:

(a)has physical custody of the child or has had physical custody for a period of 6 consecutive months, including any temporary absence, within 1 year immediately before the commencement of a child custody proceeding; and

(b)has been awarded legal custody by a court or claims a right to legal custody under the law of this state. See Montana Code 40-7-103
Personal property: All property that is not real property.
Personal property: means money, goods, chattels, things in action, and evidences of debt. See Montana Code 1-1-205
Physical abuse: means an intentional act, an intentional omission, or gross negligence resulting in substantial skin bruising, internal bleeding, substantial injury to skin, subdural hematoma, burns, bone fractures, extreme pain, permanent or temporary disfigurement, impairment of any bodily organ or function, or death. See Montana Code 41-3-102
Physical custody: means the physical care and supervision of a child. See Montana Code 40-7-103
Physical neglect: means :

(a)failure to provide basic necessities, including but not limited to appropriate and adequate nutrition, protective shelter from the elements, and appropriate clothing related to weather conditions;

(b)failure to provide cleanliness and general supervision, or both;

(c)exposing or allowing the child to be exposed to an unreasonable physical or psychological risk to the child;

(d)allowing sexual abuse or exploitation of the child; or

(e)causing malnutrition or a failure to thrive. See Montana Code 41-3-102
Physical or psychological harm to a child: means the harm that occurs whenever the parent or other person responsible for the child's welfare inflicts or allows to be inflicted on the child physical abuse, physical neglect, or psychological abuse or neglect. See Montana Code 41-3-102
Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. ^{Source: OCC}
Preadoptive placement: means the temporary placement of an Indian child in a foster home or institution after the termination of parental rights but before or in lieu of adoptive placement. See Montana Code 41-3-1303
Presentence report: A report prepared by a court's probation officer, after a person has been convicted of an offense, summarizing for the court the background information needed to determine the appropriate sentence. ^{Source: U.S. Courts}
Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
Printing: means the act of reproducing a design on a surface by any process. See Montana Code 1-1-203
Probable cause: A reasonable ground for belief that the offender violated a specific law.
Probate: Proving a will
Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
Probation officers: Screen applicants for pretrial release and monitor convicted offenders released under court supervision.
Process: means a writ or summons issued in the course of judicial proceedings. See Montana Code 1-1-202
Property: means real and personal property. See Montana Code 1-1-205
Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
Protected individual: means an individual protected by a protection order. See Montana Code 40-15-402
Protection order: means an injunction or other order issued by a court under the domestic violence, family violence, sexual assault, or stalking laws of the issuing state to prevent an individual from engaging in violent or threatening acts against, harassment of, contact or communication with, or physical proximity to another individual. See Montana Code 40-15-402
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
Psychological abuse or neglect: means severe maltreatment, through acts or omissions, that is injurious to the child's intellectual or psychological capacity to function and that is identified as psychological abuse or neglect by a licensed psychologist, a licensed professional counselor, a licensed clinical social worker, a licensed psychiatrist, a licensed pediatrician, or a licensed advanced practice registered nurse with a focused practice in psychiatry. See Montana Code 41-3-102
Public assistance: means any type of monetary or other assistance for a child, including medical and foster care benefits. See Montana Code 40-5-201
Public defender: Represent defendants who can't afford an attorney in criminal matters.
Qualified individual: means a trained professional or licensed clinician who:

(a)has expertise in the therapeutic needs assessment used for placement of youth in a therapeutic group home;

(b)is not an employee of the department; and

(c)is not connected to or affiliated with any placement setting in which children are placed. See Montana Code 41-3-102
Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
Real property: means lands, tenements, hereditaments, and possessory title to public lands. See Montana Code 1-1-205
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
Recodify: means to compile, arrange, rearrange, and prepare for publication. See Montana Code 1-11-101
Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
Remand: When an appellate court sends a case back to a lower court for further proceedings.
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).
Residential setting: means an out-of-home placement where the child typically resides for longer than 30 days for the purpose of receiving food, shelter, security, guidance, and, if necessary, treatment. See Montana Code 41-3-102
Respondent: means the individual against whom enforcement of a protection order is sought. See Montana Code 40-15-402
Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
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
Service of process: The service of writs or summonses to the appropriate party.
Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
Sex: means the organization of the body parts and gametes for reproduction in human beings and other organisms. See Montana Code 1-1-201
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: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. See Montana Code 40-7-103
State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. See Montana Code 40-15-402
State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. See Montana Code 40-16-102
Statute: A law passed by a legislature.
Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
Subpoena: A command to a witness to appear and give testimony.
Subpoena: means a writ or order issued by a court or the department in a proceeding or as part of an investigation related to the paternity or support of a child that commands a person to appear at a particular place and time to testify or produce documents or things under the person's control. See Montana Code 40-5-701
Subpoena duces tecum: A command to a witness to produce documents.
Summons: Another word for subpoena used by the criminal justice system.
Support enforcement entity: means :

(a)in IV-D cases, the department; or

(b)in all other cases, the district court that entered the support order or a district court in which the support order is registered. See Montana Code 40-5-701
support obligation: means the amount created by:

(a)the failure to provide for the medical, health, and support needs of a child under the laws of this or any other state or under a support order;

(b)a support order for spousal maintenance of the custodial parent; or

(c)fines, fees, penalties, interest, and other funds and costs that the department is authorized under this chapter to collect by the use of any procedure available for the payment, enforcement, and collection of child support or spousal maintenance or support. See Montana Code 40-5-201
support obligation: means the amount created by the failure to provide or pay:

(a)support to a child under the laws of this or any other state or under a support order;

(b)court-ordered spousal maintenance or other court-ordered support for the child's custodial parent; or

(c)fines, fees, penalties, interest, and other funds and costs that the support enforcement entity is authorized to collect by the use of any procedure available to the entity for the payment, enforcement, and collection of child support or spousal maintenance or support. See Montana Code 40-5-701
Support order: means an order, whether temporary or final, that:

(a)provides for the payment of a specific amount of money, expressed in periodic increments or as a lump-sum amount, for the support of the child, including an amount expressed in dollars for medical and health needs, child care, education, recreation, clothing, transportation, and other related expenses and costs specific to the needs of the child;

(b)is issued by:

(i)a district court of this state;

(ii)a court of appropriate jurisdiction of another state, Indian tribe, or foreign country;

(iii)an administrative agency pursuant to proceedings under this part; or

(iv)an administrative agency of another state, Indian tribe, or foreign country with a hearing function and process similar to those of the department under this part; and

(c)when the context requires, includes:

(i)judgments and orders providing periodic payments for the maintenance or support of the custodial parent of a child receiving services under this chapter; and

(ii)amounts for the recovery of fines, fees, penalties, interest, and other funds and costs that the department is authorized under this chapter to collect by the use of any procedure available for the payment, enforcement, and collection of child support or spousal maintenance or support. See Montana Code 40-5-201
Support order: has the meaning provided in 40-5-201. See Montana Code 40-5-403
Support order: means an order that provides a determinable amount for temporary or final periodic payment of a support debt or support obligation and that may include payment of a determinable or indeterminable amount for insurance covering the child issued by:

(i)a district court of this state;

(ii)a court of appropriate jurisdiction of another state, an Indian tribe, or a foreign country;

(iii)an administrative agency pursuant to proceedings under Title 40, chapter 5, part 2; or

(iv)an administrative agency of another state or an Indian tribe with a hearing function and process similar to those of the department. See Montana Code 40-5-701
support order: means an order, whether temporary or final, that provides for the periodic payment of an amount of money expressed in dollars for the support of a child, including medical and health needs, child care, education, recreation, clothing, transportation, and other related expenses and costs specific to the needs of the child. See Montana Code 40-6-102
Surrender: means to leave a newborn with an emergency services provider without expressing an intent to return for the newborn. See Montana Code 40-6-402
Suspension: includes the withdrawal, withholding, revocation, forfeiture, or nonissuance of a license and license privileges. See Montana Code 40-5-701
Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
Termination of parental rights: means any action resulting in the termination of the parent-child relationship. See Montana Code 41-3-1303
Testify: Answer questions in court.
Testify: means every mode of oral statement under oath or affirmation. See Montana Code 1-1-202
Testimony: Evidence presented orally by witnesses during trials or before grand juries.
Therapeutic needs assessment: means an assessment performed by a qualified individual within 30 days of placement of a child in a therapeutic group home that:

(a)assesses the strengths and needs of the child using an age-appropriate, evidence-based, validated, functional assessment tool;

(b)determines whether the needs of the child can be met with family members or through placement in a youth foster home or, if not, which appropriate setting would provide the most effective and appropriate level of care for the child in the least restrictive environment and be consistent with the short-term and long-term goals for the child as specified in the child's permanency plan; and

(c)develops a list of child-specific short-term and long-term mental and behavioral health goals. See Montana Code 41-3-102
Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
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.
Tribal court: means a court or body vested by an Indian tribe with jurisdiction over child custody proceedings. See Montana Code 41-3-1303
Tribe: means an Indian tribe or band or Alaskan Native village that is recognized by federal law or formally acknowledged by a state. See Montana Code 40-7-103
tribe: means any Indian tribe, band, nation, or other organized group or community of Indians recognized as eligible for the services provided to Indians by the secretary of the interior because of their status as Indians. See Montana Code 41-3-1303
Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. ^{Source: OCC}
Trustee: A person or institution holding and administering property in trust.
Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. ^{Source: OCC}
Unit: means an internal subdivision of an agency, created by law or by administrative action, including a division, bureau, section, or department, and an agency allocated to a department for administrative purposes only by this chapter. See Montana Code 2-15-102
United States: includes the District of Columbia and the territories. See Montana Code 1-1-201
Usual: means according to usage. See Montana Code 1-1-206
Venue: The geographical location in which a case is tried.
Warrant: means an order issued by a court authorizing law enforcement officers to take physical custody of a child. See Montana Code 40-7-103
Warrant: means a bench warrant, a warrant to appear, an order to show cause, or any other order issued by a court relating to the appearance of a party in a paternity or child support proceeding. See Montana Code 40-5-701
Willfully: when applied to the intent with which an act is done or omitted, means a purpose or willingness to commit the act or make the omission referred to. See Montana Code 1-1-204
Withholding of medically indicated treatment: means the failure to respond to an infant's life-threatening conditions by providing treatment, including appropriate nutrition, hydration, and medication, that, in the treating physician's or physicians' reasonable medical judgment, will be most likely to be effective in ameliorating or correcting the conditions. See Montana Code 41-3-102
Writing: includes printing. See Montana Code 1-1-203
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