2003 Montana Legislature

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SENATE BILL NO. 30

INTRODUCED BY O'NEIL

 

A BILL FOR AN ACT ENTITLED: "AN ACT ALLOWING A JURY TRIAL IN A PROCEEDING FOR THE TERMINATION OF 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 -- right to counsel -- 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. 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.

     (2)  At the time that a petition for termination of a parent-child relationship is filed, parents must be advised of the right to counsel, and counsel must be appointed for an indigent party.

     (3)  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 counsel requested by the parent.

     (4)  There is no a right to a jury trial at proceedings held to consider the termination of a parent-child legal relationship.

     (5) IF A JURY TRIAL IS REQUESTED, THE COURT SHALL TAKE NECESSARY STEPS TO PROTECT THE CONFIDENTIALITY AND BEST INTERESTS OF THE CHILD, INCLUDING:

     (A) SCHEDULING THE MATTER FOR TRIAL AT THE EARLIEST DATE POSSIBLE, WITH THE MATTER TAKING PRECEDENCE OVER ALL OTHER MATTERS;

     (B) DETERMINING WHETHER THE TESTIMONY OF THE CHILD IS RELEVANT AND NECESSARY;

     (C) IF THE CHILD'S TESTIMONY IS RELEVANT, DECIDING WHETHER THE CHILD WILL TESTIFY BY DEPOSITION OR BY OTHER ALTERNATIVE MEANS; AND

     (D) ANY OTHER PROTECTIVE MEASURES."

- END -

 


Latest Version of SB 30 (SB0030.02)
Processed for the Web on January 17, 2003 (2:14pm)

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