41-3-401. Abuse and neglect petitions. (1) The county attorney, attorney general, or an attorney hired by the county is responsible for filing all petitions alleging abuse or neglect. The county attorney, the attorney general, or an attorney hired by the department with the written consent of the county attorney or the attorney general may require all state, county, and municipal agencies, including law enforcement agencies, to conduct the investigations and furnish reports that may be necessary.
     (2) Upon receipt of a petition, the court shall set a date for an adjudicatory hearing on the petition. The petitions must be given preference by the court in setting hearing dates.
     (3) A petition alleging abuse or neglect is a civil action brought in the name of the state of Montana. The Montana Rules of Civil Procedure apply except as modified in this part. Proceedings under a petition are not a bar to criminal prosecution.
     (4) The parents or parent, guardian, or other person or agency having legal custody of the youth named in the petition, if residing in the state, must be served personally with a copy of the petition and summons at least 5 days prior to the date set for hearing. If the person or agency cannot be served personally, the person or agency may be served by publication in the manner provided by the Montana Rules of Civil Procedure for other types of proceedings.
     (5) If personal service cannot be made upon the parents or parent, guardian, or other person or agency having legal custody, the court shall appoint an attorney to represent the unavailable party when in the opinion of the court the interests of justice require.
     (6) If a parent of the child is a minor, notice must be given to the minor parent's parents or guardian, and if there is no guardian the court shall appoint one.
     (7) Any person interested in any cause under this chapter has the right to appear.
     (8) Except when the proceeding is instituted or commenced at the request of the department of public health and human services, a citation must be issued and served upon a representative of the department prior to the court hearing.
     (9) The petition must:
     (a) state the nature of the alleged abuse or neglect;
     (b) state the full name, age, and address of the youth and the name and address of the youth's parents or guardian or person having legal custody of the youth;
     (c) state the names, addresses, and relationship to the youth of all persons who are necessary parties to the action.
     (10) The petition may ask for the following relief:
     (a) temporary investigative authority and protective services;
     (b) temporary legal custody;
     (c) termination of the parent-child legal relationship and permanent legal custody with the right to consent to adoption;
     (d) any combination of the provisions of subsections (10)(a) through (10)(c) or any other relief that may be required for the best interest of the youth.
     (11) The petition may be modified for different relief at any time within the discretion of the court.
     (12) The court may at any time on its own motion or the motion of any party appoint counsel for any indigent party.

     History: En. 10-1310 by Sec. 6, Ch. 328, L. 1974; amd. Sec. 20, Ch. 100, L. 1977; R.C.M. 1947, 10-1310; amd. Sec. 4, Ch. 567, L. 1979; amd. Sec. 5, Ch. 511, L. 1981; amd. Sec. 2, Ch. 659, L. 1985; amd. Sec. 2, Ch. 463, L. 1987; amd. Sec. 43, Ch. 609, L. 1987; amd. Sec. 2, Ch. 329, L. 1993; amd. Sec. 11, Ch. 458, L. 1995; amd. Sec. 168, Ch. 546, L. 1995.