HOUSE BILL NO. 498

INTRODUCED BY B. BARNHART

A BILL FOR AN ACT ENTITLED: "AN ACT CONSOLIDATING AND DEFINING THE PROCESSES AND PROCEDURES FOR SUPREME COURT-ADMINISTERED CITIZEN REVIEW BOARDS AND DEPARTMENT OF PUBLIC HEALTH AND HUMAN SERVICES-ADMINISTERED FOSTER CARE REVIEW COMMITTEES; CHANGING THE NAMES OF BOTH REVIEW ENTITIES TO CITIZEN FOSTER CARE REVIEW PANELS; PROVIDING FOR CONSISTENT MEMBERSHIP, POLICIES AND PROCEDURES, SCOPE OF REVIEWS, FINDINGS AND RECOMMENDATIONS, AND OPEN DELIBERATIONS; AMENDING SECTIONS 41-3-205, 41-3-403, 41-3-1003, 41-3-1004, 41-3-1005, 41-3-1006, 41-3-1007, 41-3-1008, 41-3-1009, 41-3-1010, 41-3-1012, 41-3-1013, 41-3-1014, 41-3-1115, AND 41-3-1122, MCA; REPEALING SECTIONS 41-3-1001, 41-3-1002, AND 41-3-1011, MCA; AND PROVIDING AN EFFECTIVE DATE."

WHEREAS, the Legislative Audit Division conducted a performance review on the foster care review process and concluded that the existence of the two separate review processes, the citizen review boards administered by the Supreme Court and the foster care review committees administered by the Department of Public Health and Human Services, do not ensure consistency or equality in foster care reviews across the state in content, practice, or purpose; and

WHEREAS, the administration of the two programs should remain, but the functions, membership, policies and procedures, scope of the reviews, and type of deliberations should be streamlined and made the same in order to have a system that is more consistent and equal across the state.

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

NEW SECTION. Section 1. Membership -- department representative as staff. (1) The district court judge of a judicial district shall appoint a citizen foster care review panel, as provided for in 41-3-1003 or 41-3-1115, according to the following guidelines:

(a) A citizen foster care review panel is composed of at least three and not more than five members. Each member appointed must be sworn in by a judge of the judicial district to which the member is appointed to serve. Members must be recruited from groups with special knowledge of or interest in foster care and child welfare, which may include but is not limited to adoptive parents and members of the professions of law, medicine, psychology, social work, and education.

(b) As far as practicable, members shall represent the various socioeconomic and ethnic groups of the area served.

(c) A member must be a resident of one of the counties of the judicial district that the member is appointed to serve.

(d) If the child whose care under review is an Indian, someone, preferably an Indian person, knowledgeable about Indian cultural and family matters must be appointed to serve effective only for and during that review.

(2) The members must be willing to serve without compensation.

(3) The district court judge shall appoint the presiding officer of the citizen foster care review panel.

(4) A person employed by the department or by a district court may not serve on a citizen foster care review panel as a member. The department shall appoint a staff person for each panel who shall attend panel meetings and deliberation sessions as a staff member to act as a resource for the panel regarding the department's legal rights and responsibilities and the feasibility of recommendations based on department limitations and the availability of services. For a panel conducted under 41-3-1115, the staff member shall also coordinate and convene the panel. A staff member from the department may not be the caseworker of the child whose case is under review.

NEW SECTION. Section 2. Rulemaking authority -- policies and procedures. The Montana supreme court and the department shall adopt uniform rules that have the force of law for the administration of the citizen foster care review panels authorized under 41-3-1003 and under 41-3-1115 and administered under those sections by the supreme court and by the department, respectively, regarding:

(1) 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 citizen foster care review panels, as provided for in 41-3-1008, by the department, other agencies, or individuals directly responsible for the care of the child;

(2) the manner in which the citizen foster care review panel may remove cases from review when review is not required under federal law or, if the child is in long-term foster care, when the panel may refer the review to the department;

(3) training programs for all citizen foster care review panel members;

(4) the allowable reasons for exclusion of persons from the deliberations, on a case-by-case basis, as provided for in [section 5];

(5) the removal of members of the citizen foster care review panels with regard to the grounds provided in 41-3-1005; and

(6) the provision of written notice of the assignment of the review, as provided for in 41-3-1009, to the department, any other agency directly responsible for the care or placement of a child, the parents or their attorneys, the foster parents, the 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.

NEW SECTION. Section 3. Scope of review -- limitations -- persons to be present or excluded during review. (1) A case review is intended to perform oversight of case management activities to verify that the department is providing services that meet the child's needs and serve the best interests of the child, with the child's health and safety as the paramount concern. The review must focus on issues germane to the goals of permanency and the accessing of appropriate services for parents and children, which are limited to:

(a) whether reasonable efforts were made prior to the placement to prevent or to eliminate the need for removal of the child from the home and whether reasonable efforts are being made to make it possible for the child to be returned home;

(b) the continuing need for and appropriateness of the placement in terms of the placement being the least restrictive, the most appropriate, and within the appropriate proximity needed to facilitate visitation;

(c) compliance with the case plan and treatment plan and timelines for implementing those plans;

(d) the progress that has been made toward alleviating the need for placement and the reasonable efforts necessary to achieve permanency;

(e) the extent to which the parents have visited the child, what efforts have been made to facilitate visitation, and any reason why visitation has failed;

(f) appropriateness of the case plan or permanency plan and of the timelines for implementation of the plan; and

(g) whether the district court should appoint an attorney or other person as special advocate to represent or appear on behalf of the child or appoint an attorney for the parents.

(2) If the citizen foster care review panel believes that there are other problems, solutions, or alternatives that should be explored but that are outside of the scope provided in subsection (1), the panel may submit the items for judicial review or make recommendations pursuant to [section 4]. However, the panel may require only early reviews, subsequent panel reviews, or appearances in a subsequent review on recommendations made pursuant to [section 4] upon the agreement of the department and the panel, this section, or an order by the court.

(3) It is intended that reviews be conducted with parties who have a legal interest in the child, including the parents, foster parents, or department, present for the entire review. A request for a private discussion with the citizen foster care review panel may be made to the panel prior to the scheduled meeting in written form or verbally during the review. The staff coordinator shall state to the party who wishes to speak privately to the panel that the information shared must be documented if it forms a basis for a finding or recommendation made by the panel. If the party does not wish the information to be disclosed, it may not be reported in the findings or recommendations. If the information is to be disclosed, it may be summarized and shared verbally with other participants at the review when all parties are reconvened.

NEW SECTION. Section 4. Findings and recommendations of individual review -- other recommendations. (1) (a) After reviewing each case, the entity who administers the citizen foster care review panel shall prepare and provide the district court and the department a report of its written findings and recommendations of the review with respect to the provisions of [section 3] for further action by the district court or the department.

(b) The written findings and recommendations of a case review must be held confidential pursuant to 41-3-205 and must be provided to the parties of record in the case, including the district court, the department, the guardian ad litem or court-appointed special advocate, the foster parents, an attorney appointed for the child, or an attorney appointed for a parent or guardian.

(c) If the department provides a written response and reasons for not implementing a recommendation, the citizen foster care review panel may not call the case for early review on that recommendation.

(2) In addition to reviewing individual cases of children in foster care, a citizen foster care review panel may make recommendations to the district court and to the department concerning foster care services, policies, procedures, and laws. These recommendations may not be included in a report on an individual review and may not require the department to appear at a case review to respond to the recommendations. The recommendations may make a request for a written response from the district court or the department, which must be provided within 30 days. The recommendations may advise the district court or the department regarding policies, procedures, and personnel issues outside the scope of the review provided in this section.

NEW SECTION. Section 5. Open deliberations. Deliberations of the citizen foster care review panels are open, except that a panel may exclude all persons, except staff, from a review if criteria for exclusion are met as provided by rule adopted pursuant to [section 2].

NEW SECTION. Section 6. Designation of review panels -- definition. (1) Subject to funding and an explicit expressed interest by the judges of the judicial districts, the state court administrator shall designate the judicial districts in which to establish citizen foster care review panels.

(2) As used in this part, "state court administrator" means the individual provided for in Title 3, chapter 1, part 7.

Section 7. Section 41-3-205, MCA, is amended to read:

"41-3-205. Confidentiality -- disclosure exceptions. (1) The case records of the department and its local affiliate, the county welfare department, the county attorney, and the court concerning actions taken under this chapter and all records concerning reports of child abuse and neglect must be kept confidential except as provided by this section. Except as provided in subsections (4) and (5), a person who permits or encourages the unauthorized dissemination of the contents of case records is guilty of a misdemeanor.

(2) Records may be disclosed to a court for in camera inspection if relevant to an issue before it. The court may permit public disclosure if it finds disclosure to be necessary for the fair resolution of an issue before it.

(3) Records may also be disclosed to the following persons or entities in this state and any other state or country:

(a) a department, agency, or organization, including a federal agency, military enclave, or Indian tribal organization, that is legally authorized to receive, inspect, or investigate reports of child abuse or neglect and that otherwise meets the disclosure criteria contained in this section;

(b) a licensed youth care facility or a licensed child-placing agency that is providing services to the family or child who is the subject of a report in the records or to a person authorized by the department to receive relevant information for the purpose of determining the best interests of a child with respect to an adoptive placement;

(c) a health or mental health professional who is treating the family or child who is the subject of a report in the records;

(d) a parent, guardian, or person designated by a parent or guardian of the child who is the subject of a report in the records or other person responsible for the child's welfare, without disclosure of the identity of any person who reported or provided information on the alleged child abuse or neglect incident contained in the records;

(e) a child named in the records who was allegedly abused or neglected or the child's legal guardian or legal representative, including the child's guardian ad litem or attorney or a special advocate appointed by the court to represent a child in a pending case;

(f) the state protection and advocacy program as authorized by 42 U.S.C. 6042(a)(2)(B);

(g) approved foster and adoptive parents who are or may be providing care for a child;

(h) a person about whom a report has been made and that person's attorney, with respect to the relevant records pertaining to that person only and without disclosing the identity of the reporter or any other person whose safety may be endangered;

(i) an agency, including a probation or parole agency, that is legally responsible for the supervision of an alleged perpetrator of child abuse or neglect;

(j) a person, agency, or organization that is engaged in a bona fide research or evaluation project and that is authorized by the department to conduct the research or evaluation;

(k) the members of an interdisciplinary child protective team authorized under 41-3-108 or of a family group conference for the purposes of assessing the needs of the child and family, formulating a treatment plan, and monitoring the plan;

(l) the coroner or medical examiner when determining the cause of death of a child;

(m) a child fatality review team recognized by the department;

(n) a department or agency investigating an applicant for a license or registration that is required to operate a youth care facility, day-care facility, or child-placing agency;

(o) a person or entity who is carrying out background, employment-related, or volunteer-related screening of current or prospective employees or volunteers who have or may have unsupervised contact with children through employment or volunteer activities. A request for information under this subsection (3)(o) must be made in writing. Disclosure under this subsection (3)(o) is limited to information that indicates a risk to children, persons with developmental disabilities, or older persons posed by the person about whom the information is sought, as determined by the department.

(p) the news media if disclosure is limited to confirmation of factual information regarding how the case was handled and if disclosure does not violate the privacy rights of the child or the child's parent or guardian as determined by the department;

(q) an employee of the department or other state agency if disclosure of the records is necessary for administration of programs designed to benefit the child;

(r) an agency of an Indian tribe or the relatives of an Indian child if disclosure of the records is necessary to meet requirements of the federal Indian Child Welfare Act;

(s) a youth probation officer who is working in an official capacity with the child who is the subject of a report in the records;

(t) a county attorney, peace officer, or attorney who is hired by or represents the department, if disclosure is necessary for the investigation, defense, or prosecution of a case involving child abuse or neglect;

(u) a citizen foster care review panel, established under 41-3-1115, or, when applicable, a citizen foster care review panel established under 41-3-1003;

(v) a school employee participating in an interview of a child by a social worker, county attorney, or peace officer as provided in 41-3-202;

(w) a member of a county interdisciplinary child information team formed under the provisions of 52-2-211;

(x) members of a local interagency staffing group provided for in 52-2-203;

(y) a member of a youth placement committee formed under the provisions of 41-5-121; or

(z) a principal of a school or other employee of the school district authorized by the trustees of the district to receive the information with respect to a student of the district who is a client of the department.

(4) A person who is authorized to receive records under this section shall maintain the confidentiality of the records and may not disclose information in the records to anyone other than the persons described in subsection (3)(a). However, this subsection may not be construed to compel a family member to keep the proceedings confidential.

(5) A news organization or its employee, including a freelance writer or reporter, is not liable for reporting facts or statements made by an immediate family member under subsection (4) if the news organization, employee, writer, or reporter maintains the confidentiality of the child who is the subject of the proceeding.

(6) This section is not intended to affect the confidentiality of criminal court records or records of law enforcement agencies."

Section 8. Section 41-3-403, MCA, is amended to read:

"41-3-403. Order for immediate protection of youth. (1) (a) Upon the filing of a petition for temporary investigative authority and protective services, the court, after consideration of the parents' statements, if any, included with the petition and any accompanying affidavit or report to the court, may issue an order granting relief that may be required for the immediate protection of the youth.

(b) The order, along with the petition and supporting documents, must be served by a peace officer or a representative of the department on the person or persons named in the order. When the youth is placed in a medical facility or protective facility, the department shall notify the parents or parent, guardian, or other person having legal custody of the youth, at the time the placement is made or as soon after placement as possible.

(c) The order must require the person served to comply immediately with the terms of the order and to appear before the court issuing the order on the date specified for a show cause hearing. The show cause hearing must be conducted within 20 days of the issuance of the order by the judge or a master appointed by the judge. The person filing the petition has the burden of presenting evidence establishing probable cause for the issuance of the order. At the show cause hearing, the court shall provide an opportunity for a parent or guardian, if present, and any other person having relevant knowledge to provide relevant testimony. The court may consider all relevant evidence in accordance with the rules of civil procedure as modified by this part, but may in its discretion limit testimony and evidence to only that which is relevant to the issues of removal from the home and the child's need for continued protection. The court may amend the order. Except as otherwise provided in this part, the rules of civil procedure apply. Hearsay evidence of statements made by the affected youth is admissible at the hearing or at a contested case proceeding held pursuant to Title 2, chapter 4, part 6, that results from adverse licensing action taken by the department.

(d) If the child is not returned home after the show cause hearing, the person served may request that a citizen foster care review panel, pursuant to 41-3-1003 or 41-3-1115, review the case within 30 days of the show cause hearing and make a recommendation to the district court as provided in [section 4].

(e) Upon a failure to comply or show cause, the court may hold the person in contempt or place temporary physical custody of the youth with the department until further order.

(2) In an order granting or denying relief, the court shall make a finding regarding the reasonableness of agency efforts to rehabilitate the family to prevent the child's removal from the home.

(3) The court may grant the following kinds of relief:

(a) right of entry by a peace officer or department worker;

(b) medical and psychological evaluation of the youth or parents, guardians, or person having physical or legal custody;

(c) requirement that the youth, parents, guardians, or person having physical or legal custody receive counseling services;

(d) placement of the youth in a temporary medical facility or a facility for protection of the youth;

(e) requirement that the parents, guardian, or other person having physical or legal custody furnish services that the court may designate;

(f) inquiry into the financial ability of the parents, guardian, or other person having custody of the youth to contribute to the costs for the care, custody, and treatment of the youth and requirement of a contribution for those costs pursuant to the requirements of 41-3-411;

(g) other temporary disposition that may be required in the best interests of the youth that does not require an expenditure of money by the department unless the department is notified and a court hearing is set in a timely manner on the proposed expenditure. The department is the payor of last resort after all family, insurance, and other resources have been examined.

(4) An order for temporary investigative authority and protective services may not be issued for a period longer than 90 days following the show cause hearing and must be limited to one extension of 90 days. Before the expiration of the time provided for in an order for temporary investigative authority and protective services, the county attorney, the attorney general, or an attorney hired by the county shall file a petition for one of the following:

(a) limited emancipation;

(b) temporary legal custody;

(c) termination of the parent-child legal relationship and permanent legal custody with the right to consent to adoption; or

(d) dismissal.

(5) Notwithstanding the above time limits, the court may continue an order for temporary investigative authority pending a hearing on a petition provided for in subsection (4).

(6) If the time limitations of this section are not met, the court shall review the reasons for the failure and order an appropriate remedy that considers the best interests of the child."

Section 9. Section 41-3-1003, MCA, is amended to read:

"41-3-1003. Establishment of citizen foster care review panel . The district court judge of a district designated pursuant to [section 6] to operate a program shall establish a citizen foster care review panel in the judicial district to review cases assigned by the district court of each child in foster care under the supervision of the department or if payment for care is made pursuant to 41-3-1122.

"

Section 10. Section 41-3-1004, MCA, is amended to read:

"41-3-1004. Administration -- training -- oversight -- procedures. (1) Subject to the availability of funds, the state court administrator in cooperation and in conjunction with the department shall:

(a) establish and review policies and procedures for adoption by rule by the Montana supreme court, pursuant to [section 2], and the department, pursuant to 41-3-1115, for the operation of a citizen foster care review panel;

(b) provide training programs developed pursuant to [section 2] for citizen foster care review panel members; and

(c) provide consultation services on request to the citizen foster care review panel

.

(2) The state court administrator or the department may contract for services to conduct the duties established in subsection (1).

(3) The office of the state court administrator and the department shall, at the time prescribed by 5-11-210, prepare a report to the governor, the legislature, the legislative audit committee, and the public regarding:

(a) state laws, policies, and practices affecting permanence and appropriate care for children in the custody of the department and other agencies; and

(b) the effectiveness of the citizen foster care review panel in bringing about permanence and appropriate care for children in the custody of the department and other agencies.

"

Section 11. Section 41-3-1005, MCA, is amended to read:

"41-3-1005. Removal of members -- grounds. Grounds for removal of a member of a citizen foster care review panel under [section 2] may include but are not limited to the following:

(1) nonparticipation by a citizen foster care review panel member;

(2) a member establishing residence in a judicial district other than the judicial district in which the court the person was appointed to serve is located;

(3) violation of the confidentiality of information established under 41-3-1007; or

(4) other cause or grounds as necessary for the administration of the program."

Section 12. Section 41-3-1006, MCA, is amended to read:

"41-3-1006. Terms. A citizen foster care review panel member shall serve at the pleasure of the appointing authority. However, if not otherwise released from service on a citizen foster care review panel, the following provisions apply:

(1) A member shall serve a term of 2 years, except that if a vacancy occurs, a successor must be appointed to serve the unexpired term.

(2) A member may be reappointed and continue to serve until a successor is appointed.

"

Section 13. Section 41-3-1007, MCA, is amended to read:

"41-3-1007. Confidentiality of information -- penalty. (1) Before beginning to serve on a citizen foster care review panel, each member shall swear or affirm to the court that the member will keep confidential the information reviewed by the panel and its actions and recommendations in individual cases as provided for in 41-3-205.

(2) A member of a citizen foster care review panel who violates the duty imposed by subsection (1) is guilty of a misdemeanor punishable by a fine not to exceed $1,000."

Section 14. Section 41-3-1008, MCA, is amended to read:

"41-3-1008. Access to records. (1) Notwithstanding the provisions of 41-3-205, a citizen foster care review panel has access to:

(a) any records of the district court that are pertinent to the case; and

(b) any records of the department or other agencies that would be admissible in a dispositional review hearing conducted pursuant to 41-3-406, including school records and reports of private service providers contained in the records of the department or other agencies.

(2) All requested records not already before the citizen foster care review panel must be submitted by the department within 15 working days after receipt of a request, unless a different specific time period is mutually agreed upon.

(3) A citizen foster care review panel may retain a reference copy of case material used by the panel to make its recommendation if:

(a) the material is necessary for the ongoing work of the citizen foster care review panel with regard to the particular case or to work of the panel; and

(b) the confidentiality of the material is continued and protected in the same manner as other material received from the department . Material retained by the citizen foster care review panel is not subject to disclosure under the public records law.

(4) If a citizen foster care review panel is denied access to requested records, it may request a hearing. The court may require the organization in possession of the records to show cause why the records should not be made available as provided by this section."

Section 15. Section 41-3-1009, MCA, is amended to read:

"41-3-1009. Assignment of cases for review. Within 10 days of entry of the order of disposition or within 30 days of placement, whichever comes first, the district court shall assign the case of each child in foster care to a citizen foster care review panel under 41-3-1003 or 41-3-1115 and forward to the panel a copy of the petition and the order of disposition for each child who is within the jurisdiction of the district court and who has been placed in foster care."

Section 16. Section 41-3-1010, MCA, is amended to read:

"41-3-1010. Review -- conflict of interest -- immunity. (1) Except for cases removed from review under procedures established under [section 2], the citizen foster care review panel shall review the case of each child in foster care that is assigned by the district court.

(2) The review must take place at times set by the citizen foster care review panel. The first review may not be more than 6 months after the child is placed in foster care. Subsequent reviews must take place at least once every 6 months until the child is no longer within the jurisdiction of the district court or no longer in foster care.

(3) The district court, by rule of the court or on an individual case basis, may relieve the citizen foster care review panel of its responsibility to review a case if a complete judicial review has taken place within 60 days prior to the next scheduled panel review.

(4) The citizen foster care review panel shall review any case, as assigned by the district court, in which a petition to terminate parental rights has been denied as soon as practical but no later than 45 days after the denial.

(5) Whenever a member of a citizen foster care review panel has a potential conflict of interest in a case being reviewed, the member shall declare to the panel the nature of the potential conflict prior to participating in the case review. The following provisions apply:

(a) The declaration of the member must be recorded in the official records of the citizen foster care review panel.

(b) If, in the judgment of the majority of the citizen foster care review panel, the potential conflict of interest may prevent the member from fairly and objectively reviewing the case, the panel may remove the member from participation in the review.

(6) The citizen foster care review panel shall keep accurate records and retain the records on file.

(7) The citizen foster care review panel may hold joint or separate reviews for groups of siblings.

(8) The citizen foster care review panel may disclose to parents and their attorneys, foster parents, mature children and their attorneys, and other persons authorized by the panel to participate in the case review the records disclosed to the panel pursuant to 41-3-1008. Before participating in a citizen foster care review panel case review, each participant, other than parents and children, shall swear or affirm to the panel that the participant will keep confidential the information disclosed by the panel in the case review and will disclose it only as authorized by law.

(9) A person who serves on a citizen foster care review panel in a volunteer capacity, as provided in this part, is considered an agent of the judiciary and is entitled to immunity from suit as provided in 2-9-112."

Section 17. Section 41-3-1012, MCA, is amended to read:

"41-3-1012. Presence of certain employees at meetings of panel. (1) Unless excused from doing so by the citizen foster care review panel, the department and any other agency directly responsible for the care and placement of the child shall require the presence of any employees having knowledge of the case at panel meetings.

(2) The citizen foster care review panel may require the presence of specific employees of the department or any other agency or other persons at panel meetings. If an employee fails to be present at the meeting, the citizen foster care review panel may request a court order. The court may require the employee to be present and show cause why the employee should not be compelled to appear before the citizen foster care review panel.

(3) As used in this section, "presence" includes telephone participation, except that the caseworker on the case at the time of the meeting must be physically present if required."

Section 18. Section 41-3-1013, MCA, is amended to read:

"41-3-1013. Court review of findings and recommendations of panel. (1) Upon receipt of findings and recommendations from the citizen foster care review panel, the district court shall:

(a) review the findings and recommendations of the citizen foster care review panel within 10 days. If the district court finds it appropriate, the district court may on its own motion schedule a review hearing.

(b) cause the findings and recommendations of the citizen foster care review panel to become part of the district court file; and

(c) give the citizen foster care review panel and the department written notice if the district court modifies, alters, or takes action on a case as a result of the panel's recommendations or refuses to take action on the panel's recommendations in any case.

(2) Upon receipt of findings and recommendations from the citizen foster care review panel, the department shall:

(a) review the findings and recommendations of the citizen foster care review panel within 10 days. The recommendations must be implemented and the case plan modified as the department considers appropriate and as resources permit.

(b) give the citizen foster care review panel written notice as soon as practicable, but in no case later than 15 working days after receipt of the findings and recommendations, of the action the department intends to take to implement the recommendations; and

(c) include the findings and recommendations of the citizen foster care review panel as part of the case file of the department .

(3) Upon its own motion or upon the request of the department , the citizen foster care review panel, or any interested party, the district court may appoint an attorney or other person as special advocate to represent or appear on behalf of the child. Subject to the direction of the district court, the court-appointed special advocate shall:

(a) investigate all relevant information about the case;

(b) advocate for the child, ensuring that all relevant facts are brought before the court;

(c) facilitate and negotiate to ensure that the district court, the department , and the child's attorney fulfill their obligations to the child in a timely fashion; and

(d) monitor all district court orders to ensure compliance and to bring to the district court's attention any change in circumstance that may require modification of the district court's order."

Section 19. Section 41-3-1014, MCA, is amended to read:

"41-3-1014. Dispositional review hearing by district court. (1) The district court shall conduct a dispositional review hearing within 18 months after the original placement and conduct a review hearing periodically during the continuation of foster care. Unless good cause otherwise is shown, the district court shall conduct a dispositional review hearing at any time upon the request of the department , an agency directly responsible for care or placement of the child, a parent whose parental rights have not been terminated, an attorney for the child, a court-appointed special advocate, or a citizen foster care review panel. The district court shall schedule the hearing as soon as possible after receiving a request.

(2) The court may order that the child or any other person be present during the hearing.

(3) The court shall notify the parties listed in subsection (1) and any other interested parties of the hearing. The written notice must state the time and place of the hearing. Upon request of the district court, the department or other legal custodian of the child shall provide the district court with information concerning the whereabouts and identity of the parties.

(4) The district court shall enter an order within 20 days after the review hearing. If the child is in foster care, the order must include a determination of:

(a) whether the child should be returned to the parent;

(b) whether the child should be placed for adoption;

(c) whether the child should continue in foster care for a specified period; or

(d) whether, because of special needs or circumstances, the child should be placed in the permanent custody or guardianship of a responsible relative or other individual or should continue in foster care on a permanent or long-term basis.

(5) If the court determines that the child must be placed or must continue in foster care or must be placed in the custody or guardianship of a responsible relative or other individual, the district court shall enter written findings specifying why placement with parents or adoption is not appropriate. If the current placement is not expected to be permanent, the district court shall specify a projected timetable for return of the child to the child's home or for permanent placement. If the timetable set forth by the district court is not met, the department shall promptly notify the district court and the parties.

(6) In the course of the dispositional review hearing, the district court may determine the adequacy of and compliance with the case plan and case progress report. In addition to other orders, the district court may:

(a) order the department to develop or to expand a case plan or case progress report that must be submitted within 10 days after the hearing;

(b) set a court hearing at a specific later time;

(c) direct the citizen foster care review panel to review the status of the child prior to its next review, as provided in [section 3];

(d) order the department or other agency directly responsible for the child to modify the care, placement, or supervision of the child; and

(e) determine whether the department or other agency directly responsible for the child has made reasonable efforts to reunify the family.

(7) The dispositional review hearing must be conducted in the manner provided in 41-3-406.

(8) Any decision of the district court made pursuant to the dispositional review hearing is a final order for the purposes of 41-3-406."

Section 20. Section 41-3-1115, MCA, is amended to read:

"41-3-1115. Citizen foster care review panel. (1) Except as provided in 41-3-1003, in every judicial district, the youth court judge, in consultation with the department, shall appoint a citizen foster care review panel. The members of the committee must be

appointed as provided in [section 1].

(2) When a child is in foster care under the supervision of the department or if payment for care is made pursuant to 41-3-1122, the panel shall conduct a review of the foster care status of the child. The review must be conducted within a time limit established in 41-3-1010. The time limit must comply with federal law .

(3) The department shall provide the panel with guidelines for operation of the panel and for the training of members pursuant to [section 2].

(4) The department shall adopt rules necessary to carry out the purposes of this section in accordance with policies and procedures adopted under [section 2].

(5) Because of the individual privacy involved, meetings of the panel, reports of the panel, and information on individuals' cases shared by panel members are confidential and subject to the confidentiality requirements of the department, 41-3-1007, and 41-3-1008(3)(b).

(6) The panel is subject to the call of the youth court judge to meet and confer with the judge on all matters pertaining to the foster care of a child before the youth court."

Section 21. Section 41-3-1122, MCA, is amended to read:

"41-3-1122. Payment for support of youth in need of care, youth in need of intervention, or delinquent youth -- reimbursement by county. (1) Whenever a youth who is a youth in need of care, a youth in need of intervention, or a delinquent youth is placed by the department or the department of corrections in a youth care facility, the department making the placement shall pay, within the limits of the appropriation for that purpose, a foster care payment to the youth care facility at a rate established by the department for the youth's board, clothing, personal needs, treatment, and room.

(2) On or before the 20th of each month, the department or the department of corrections shall present a claim to the county of residence of the youth for no more than one-half of the nonfederal share of the payments made during the month. The county shall make reimbursement to the department within 20 days after the claim is presented.

(3) Except as provided in subsection (4), when a county's level of expenditure for any year reaches the level of reimbursement for foster care in fiscal year 1987, the county has no further obligation for foster care expenditures.

(4) If a county's level of expenditure for foster care in fiscal year 1987 was $10,000 or less, the county's level of expenditure for purposes of determining the county's reimbursement specified in subsection (3) is the level of expenditures for fiscal year 1987 or the average of expenditures for fiscal years 1984 through 1987, whichever is less.

(5) A county that was state-assumed prior to 1987 but that at a later date reassumes responsibility pursuant to 53-2-811 is responsible for reimbursement of foster care expenditures up to the county's calculated level of expenditures for fiscal year 1987 as if the county had not been state-assumed.

(6) If a review is not conducted pursuant to 41-3-1003, the department shall conduct or arrange for the review required under 41-3-1115 of a youth placed in a youth care facility if the youth is placed by the department."

NEW SECTION. Section 22. Repealer. Sections 41-3-1001, 41-3-1002, and 41-3-1011, MCA, are repealed.

NEW SECTION. Section 23. Notification to tribal governments. The secretary of state shall send a copy of [this act] to each tribal government located on the seven Montana reservations and to the Little Shell band of Chippewa.

NEW SECTION. Section 24. Codification instruction. [Sections 1 through 6] are intended to be codified as an integral part of Title 41, chapter 3, part 10, and the provisions of Title 41, chapter 3, part 10, apply to [sections 1 through 6].

NEW SECTION. Section 25. Effective date. [This act] is effective July 1, 1999.

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