This text of Montana § 41-3-126 (Child Protection Investigator And Child Reunification Specialist -- Scope Of Authority) is published on Counsel Stack Legal Research, covering Montana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
41-3-126 . Child protection investigator and child reunification specialist -- scope of authority.
(1)The role of a child protection investigator is to investigate allegations of child abuse or neglect. A child protection investigator serves as the primary representative of the department in child abuse and neglect investigations and proceedings prior to the removal of a child. The authority of a child protection investigator includes:
(a)investigating reported allegations of child abuse or neglect under the requirements of 41-3-202 ;
(b)removing a child under the requirements of 41-3-301 ;
(c)participating in a prehearing conference under 41-3-307 ;
(d)furnishing an affidavit to support a petition filed under 41-3-422 for the relief available under 41-3-422 (1)(a);
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41-3-126 . Child protection investigator and child reunification specialist -- scope of authority. (1) The role of a child protection investigator is to investigate allegations of child abuse or neglect. A child protection investigator serves as the primary representative of the department in child abuse and neglect investigations and proceedings prior to the removal of a child. The authority of a child protection investigator includes:
(a) investigating reported allegations of child abuse or neglect under the requirements of 41-3-202 ;
(b) removing a child under the requirements of 41-3-301 ;
(c) participating in a prehearing conference under 41-3-307 ;
(d) furnishing an affidavit to support a petition filed under 41-3-422 for the relief available under 41-3-422 (1)(a);
(e) testifying to the facts surrounding an investigation of child abuse or neglect and removal of a child or reasonable efforts to prevent removal of a child at:
(i) an emergency protective services hearing, as provided in 41-3-306 ;
(ii) a show cause hearing, as provided in 41-3-432 ;
(iii) an adjudicatory hearing, as provided in 41-3-437 ;
(iv) a dispositional hearing, as provided in 41-3-438 ;
(v) a permanency hearing, as provided in 41-3-445 ; or
(vi) proceedings held to consider the termination of a parent-child relationship, as provided in 41-3-607 ;
(f) engaging in reasonable efforts to prevent the necessity of removal of a child, as provided in 41-3-423 ; and
(g) participating on behalf of the department in formal or informal proceedings related to an investigation of child abuse or neglect or removal of a child in which the facts surrounding an investigation or removal are at issue and the facts surrounding an investigation or removal are not prohibited from disclosure.
(2) The role of a child reunification specialist is to coordinate reunification services for a child after removal. A child reunification specialist serves as the primary representative of the department in child abuse and neglect investigations and proceedings after the removal of a child. The authority of a child reunification specialist includes:
(a) participating in a prehearing conference under 41-3-307 ;
(b) testifying to the facts surrounding a temporary or permanent placement of a child or reasonable efforts to reunify a family at:
(i) an emergency protective services hearing, as provided in 41-3-306 ;
(ii) a show cause hearing, as provided in 41-3-432 ;
(iii) an adjudicatory hearing, as provided in 41-3-437 ;
(iv) a dispositional hearing, as provided in 41-3-438 ;
(v) a permanency hearing, as provided in 41-3-445 ;
(vi) a review hearing, as provided in 41-3-441 ; or
(vii) proceedings held to consider the termination of a parent-child relationship, as provided in 41-3-607 ;
(c) engaging in reasonable efforts to reunify families that are separated by the state, as provided in 41-3-423 ;
(d) determining the appropriate placement for a child, as provided in 41-3-440 ;
(e) documenting and reporting the requirements of a treatment plan and the progress of a parent or parents toward completion of a treatment plan, as provided in 41-3-443 ;
(f) investigating and evaluating the availability of placement preferences and exceptions to placement preferences, as provided in 41-3-450 and 41-3-451 ; and
(g) participating on behalf of the department in formal or informal proceedings related to a placement or reunification of a child in which the facts surrounding a placement or reunification are at issue and the facts surrounding a placement or reunification are not prohibited from disclosure.
(3) The role of child protection investigator and the role of child reunification specialist may not be performed by the same person in a single matter involving the same child or children except as necessary when an individual office does not have sufficient employees available for the department to perform its required duties under Title 41, chapter 3.