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Mont. Code § 41-3-301
Montana
Code
Title
41. Minors
Chapter
3. Child Abuse and Neglect
Part
3. Protective Care
§ 41-3-301.
Emergency protective service
(1)
Any child protective social worker of the department, a peace
officer, or the county attorney who has reason to believe
any youth is in immediate or apparent danger of harm
may immediately remove the youth and place the youth in
a protective facility. After ensuring that the child is safe,
the department may make a request for further assistance from
the law enforcement agency or take appropriate legal action. The
person or agency placing the child shall notify the parents,
parent, guardian, or other person having physical custody of the
youth of the placement at the time the placement is
made or as soon after placement as possible. Notification under
this subsection must include the reason for removal, information regarding
the show cause hearing, and the purpose of the show
cause hearing and must advise the parents, parent, guardian, or
other person having physical custody of the youth that the
parents,
parent, guardian, or other person may have a support person
present during any in-person meeting with the social worker concerning
emergency protective services.
(2)
If a social worker of the department, a peace officer,
or the county attorney determines in an investigation of abuse
or neglect of a child that the child is in
danger because of the occurrence of partner or family member
assault, as provided for in 45-5-206, against an adult member
of the household or that the child needs protection as
a result of the occurrence of partner or family member
assault against an adult member of the household, the department
shall take appropriate steps for the protection of the child,
which may include:
(a)
making reasonable efforts to protect the child and prevent the
removal of the child from the parent or guardian who
is a victim of alleged partner or family member assault;
(b)
making reasonable efforts to remove the person who allegedly committed
the partner or family member assault from the child's residence
if it is determined that the child or another family
or household member is in danger of partner or family
member assault; and
(c)
providing services to help protect the child from being placed
with or having unsupervised visitation with the person alleged to
have committed partner or family member assault until the department
determines that the alleged offender has met conditions considered necessary
to protect the safety of the child.
(3)
If the department determines that an adult member of the
household is the victim of partner or family member assault,
the department shall provide the adult victim with a referral
to a domestic violence program.
(4)
A child who has been removed from the child's home
or any other place for the child's protection or care
may not be placed in a jail.
(5)
An abuse and neglect petition must be filed within 2
working days, excluding weekends and holidays, of emergency placement of
a child unless arrangements acceptable to the agency for the
care of the child have been made by the parents
or voluntary protective services are provided pursuant to 41-3- 302.
(6)
Except as provided in the federal Indian Child Welfare Act,
if applicable, a show cause hearing must be held within
20 days of the filing of the initial petition unless
otherwise stipulated by the parties pursuant to 41-3-434.
(7)
If the department determines that a petition for immediate protection
and emergency protective services must be filed to protect the
safety of the child, the social worker shall interview the
parents of the child to whom the petition pertains, if
the parents are reasonably available, before the petition may be
filed. The district court may immediately issue an order for
immediate protection of the child. The district court may not
order further relief until the parents, if they are reasonably
available, are given the opportunity to appear before the court
or have their statements, if any, presented to the court
for consideration before entry of an order granting the petition.
(8)
The department shall make the necessary arrangements for the child's
well-being as are required prior to the court hearing.
History:
En. 10-1309 by Sec. 5, Ch. 328, L. 1974; amd. Sec. 19, Ch. 100, L. 1977;
R.C.M. 1947, 10-1309; amd. Sec. 12, Ch. 543, L. 1979; amd. Sec. 1, Ch.
659, L. 1985; amd. Sec. 41, Ch. 609, L. 1987; amd. Sec. 166, Ch. 546,
L. 1995; amd. Sec. 3, Ch. 281, L. 2001; amd. Sec. 2, Ch. 398, L. 2003;
amd. Sec. 6, Ch. 504, L. 2003; amd. Sec. 3, Ch. 555, L. 2003; amd. Sec.
1, Ch. 422, L. 2005.
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