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·Title 41 MINORS·Ch. 3 CHILD ABUSE AND NEGLECT·Part 6 Parent-Child LegalRelationship Termination -- Reinstatement

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.

Montana § 41-3-607 (Petition For Termination -- Separate Hearing -- No Jury Trial) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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.