Montana § 41-3-425 Right To Counsel

Montana Statutes

§ 41-3-425 — Right To Counsel

Montana·Title 41 MINORS·Ch. 3 CHILD ABUSE AND NEGLECT·Part 4 Abuse or Neglect Proceedings

41-3-425 . Right to counsel.

(1)Any party involved in a petition filed pursuant to 41-3-422 has the right to counsel in all proceedings held pursuant to the petition.

(2)Except as provided in subsection (3), the court shall immediately appoint the office of state public defender to assign counsel for:

(a)any indigent parent, guardian, or other person having legal custody of a child or youth in a removal, placement, or termination proceeding pursuant to 41-3-422 , pending a determination of eligibility pursuant to 47-1-111 ;

(b)any child or youth involved in a proceeding under a petition filed pursuant to 41-3-422 ;

(c)any party entitled to counsel at public expense under the federal Indian Child Welfare Act or the Montana Indian Child Welfare Act provided for in Title 41, chapter 3, p

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41-3-425 . Right to counsel. (1) Any party involved in a petition filed pursuant to 41-3-422 has the right to counsel in all proceedings held pursuant to the petition.
(2) Except as provided in subsection (3), the court shall immediately appoint the office of state public defender to assign counsel for:
(a) any indigent parent, guardian, or other person having legal custody of a child or youth in a removal, placement, or termination proceeding pursuant to 41-3-422 , pending a determination of eligibility pursuant to 47-1-111 ;
(b) any child or youth involved in a proceeding under a petition filed pursuant to 41-3-422 ;
(c) any party entitled to counsel at public expense under the federal Indian Child Welfare Act or the Montana Indian Child Welfare Act provided for in Title 41, chapter 3, part 13; and
(d) any child petitioning for reinstatement of parental rights pursuant to 41-3-615 .
(3) Except as provided in the federal Indian Child Welfare Act or the Montana Indian Child Welfare Act, a court may not appoint a public defender to a putative father, as defined in 42-2-201 , of a child or youth in a removal, placement, or termination proceeding pursuant to 41-3-422 until:
(a) the putative father is successfully served notice of a petition filed pursuant to 41-3-422 ; and
(b) the putative father makes a request to the court in writing to appoint the office of state public defender to assign counsel.

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Legislative History

En. Sec. 15, Ch. 449, L. 2005; amd. Sec. 1, Ch. 511, L. 2007; amd. Sec. 1, Ch. 343, L. 2011; amd. Sec. 1, Ch. 29, L. 2013; amd. Sec. 2, Ch. 52, L. 2017; amd. Sec. 2, Ch. 295, L. 2023; amd. Sec. 1, Ch. 655, L. 2023; amd. Sec. 35, Ch. 716, L. 2023; amd. Sec. 3, Ch. 578, L. 2025.