Montana Code Annotated 1999

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     41-3-1004. Administration -- training -- oversight -- procedures. (1) Subject to the availability of funds, the court administrator shall:
     (a) establish policies and procedures for adoption by the Montana supreme court pursuant to subsection (3) for the operation of the local citizen review board;
     (b) provide training programs for local citizen review board members;
     (c) provide consultation services on request to the local citizen review board; and
     (d) employ staff and provide for support services for the local citizen review board.
     (2) The office of the supreme court administrator shall, in accordance with the direction of the supreme court, oversee the program established in this part and, at the time prescribed by 5-11-210, prepare a report to the governor, the legislature, and the public regarding:
     (a) state laws, policies, and practices affecting permanence and appropriate care for children in the custody of the department of public health and human services and other agencies; and
     (b) the effectiveness of the local citizen review board in bringing about permanence and appropriate care for children in the custody of the department of public health and human services and other agencies.
     (3) The Montana supreme court shall adopt procedures that have the force of law for the administration of the local citizen review board pilot program regarding:
     (a) the removal of members of the local citizen review board;
     (b) the time, content, and manner in which case plans for and case progress reports on a child assigned to foster care must be provided to the local citizen review board by the department of public health and human services, other agencies, or individuals directly responsible for the care of the child;
     (c) the provision of written notice of the review to the department of public health and human services, any other agency directly responsible for the care or placement of a child, the parents or their attorneys, foster parents, surrogate parents, mature children or their attorneys, a court-appointed attorney or special advocate of any child, any county attorney or attorney general actively involved in the case, and other interested persons. The notice must include a statement that persons receiving a notice may participate in the hearing and be accompanied by a representative.
     (d) securing or excusing the presence at the review of caseworkers and other employees of the department of public health and human services or other agencies directly responsible for the care of the child; and
     (e) the manner in which the local citizen review board may remove cases from review when review is not required under federal law.

     History: En. Sec. 4, Ch. 610, L. 1993; amd. Sec. 1, Ch. 21, Sp. L. November 1993; amd. Sec. 3, Ch. 386, L. 1995; amd. Sec. 174, Ch. 546, L. 1995.

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