Montana § 41-3-607 Petition For Termination -- Separate Hearing -- No Jury Trial

Montana Statutes

§ 41-3-607 — Petition For Termination -- Separate Hearing -- No Jury Trial

Montana § 41-3-607

Title 41MINORS

Ch. 3CHILD ABUSE AND NEGLECT

Part 6Parent-Child LegalRelationship Termination -- Reinstatement

This text of Montana § 41-3-607 (Petition For Termination -- Separate Hearing -- No Jury Trial) 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. § 41-3-607 (2026).

Text

41-3-607 . Petition for termination -- separate hearing -- no jury trial.

(1)Except as provided in Title 40, chapter 6, part 10, the termination of a parent-child legal relationship may be considered only after the filing of a petition pursuant to 41-3-422 alleging the factual grounds for termination pursuant to 41-3-609 .

(2)If termination of a parent-child legal relationship is ordered, the court may:

(a)transfer permanent legal custody of the child, with the right to consent to the child's adoption, to:

(i)the department;

(ii)a licensed child-placing agency; or

(iii)another individual who has been approved by the department and has received consent for the transfer of custody from the department or agency that has custody of the child; or

(b)transfer permanent legal custody of th

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41-3-607 . Petition for termination -- separate hearing -- no jury trial. (1) Except as provided in Title 40, chapter 6, part 10, the termination of a parent-child legal relationship may be considered only after the filing of a petition pursuant to 41-3-422 alleging the factual grounds for termination pursuant to 41-3-609 .
(2) If termination of a parent-child legal relationship is ordered, the court may:
(a) transfer permanent legal custody of the child, with the right to consent to the child's adoption, to:
(i) the department;
(ii) a licensed child-placing agency; or
(iii) another individual who has been approved by the department and has received consent for the transfer of custody from the department or agency that has custody of the child; or
(b) transfer permanent legal custody of the child to the department with the right to petition for appointment of a guardian pursuant to 41-3-444 .
(3) If the court does not order termination of the parent-child legal relationship, the child's prior legal status remains in effect until further order of the court.
(4) A guardian ad litem must be appointed to represent the child's best interests in any hearing determining the involuntary termination of the parent-child legal relationship. The guardian ad litem shall continue to represent the child until the child is returned home or placed in an appropriate permanent placement. If a respondent parent is a minor, a guardian ad litem must be appointed to serve the minor parent in addition to any appointed or assigned counsel requested by the minor parent.
(5) There is no right to a jury trial at proceedings held to consider the termination of a parent-child legal relationship.

Legislative History

En. Sec. 4, Ch. 420, L. 1981; amd. Sec. 2, Ch. 388, L. 1985; amd. Sec. 19, Ch. 458, L. 1995; amd. Sec. 12, Ch. 516, L. 1997; amd. Sec. 5, Ch. 428, L. 1999; amd. Sec. 16, Ch. 566, L. 1999; amd. Sec. 16, Ch. 504, L. 2003; amd. Sec. 33, Ch. 449, L. 2005; amd. Sec. 4, Ch. 388, L. 2017.