2007 Montana Legislature

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SENATE BILL NO. 395

INTRODUCED BY J. O'NEIL

 

A BILL FOR AN ACT ENTITLED: "AN ACT PROVIDING FOR THE RIGHT TO A JURY TRIAL IN PROCEEDINGS TO TERMINATE PARENTAL RIGHTS; AND AMENDING SECTION 41-3-607, MCA."

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:

 

     Section 1.  Section 41-3-607, MCA, is amended to read:

     "41-3-607.  Petition for termination -- separate hearing -- no jury trial. (1) 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 a right to a jury trial at proceedings held to consider the termination of a parent-child legal relationship."

- END -

 


Latest Version of SB 395 (SB0395.01)
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