Montana § 41-3-307 Availability Of Prehearing Conferences

Montana Statutes

§ 41-3-307 — Availability Of Prehearing Conferences

Montana § 41-3-307

Title 41MINORS

Ch. 3CHILD ABUSE AND NEGLECT

Part 3Protective Care

This text of Montana § 41-3-307 (Availability Of Prehearing Conferences) 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.

Bluebook

Mont. Code Ann. § 41-3-307 (2026).

Text

41-3-307 . Availability of prehearing conferences.

(1)A prehearing conference must be held within 5 working days of a child's removal and before an emergency protective services hearing held by the court pursuant to 41-3-306 .

(2)A prehearing conference must include the following parties:

(a)the parents, parent, guardian, or other person having physical or legal custody of the child, if the parents, parent, guardian, or other person chooses to participate;

(b)the legal counsel of the participant provided for in subsection (2)(a);

(c)the child's legal counsel;

(d)the county attorney's office;

(e)the child protection investigator; and

(f)the child reunification specialist.

(3)To the greatest degree possible using available funding, the meetings must be conducted by an independent an

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41-3-307 . Availability of prehearing conferences. (1) A prehearing conference must be held within 5 working days of a child's removal and before an emergency protective services hearing held by the court pursuant to 41-3-306 .
(2) A prehearing conference must include the following parties:
(a) the parents, parent, guardian, or other person having physical or legal custody of the child, if the parents, parent, guardian, or other person chooses to participate;
(b) the legal counsel of the participant provided for in subsection (2)(a);
(c) the child's legal counsel;
(d) the county attorney's office;
(e) the child protection investigator; and
(f) the child reunification specialist.
(3) To the greatest degree possible using available funding, the meetings must be conducted by an independent and trained facilitator.
(4) At a minimum, the meetings must involve discussion of:
(a) the child's current placement and options for continued placement if the child remains out of the home;
(b) whether other options exist for an in-home safety plan or resource that may allow the child to remain in the home;
(c) parenting time schedules; and
(d) treatment services for the family.

Legislative History

En. Sec. 2, Ch. 529, L. 2021; amd. Sec. 3, Ch. 711, L. 2023; amd. Sec. 32, Ch. 716, L. 2023; amd. Sec. 2, Ch. 57, L. 2025; amd. Sec. 2, Ch. 63, L. 2025; amd. Sec. 13, Ch. 153, L. 2025.