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HOUSE BILL NO. 264
INTRODUCED BY F. GARNER
A BILL FOR AN ACT ENTITLED: "AN ACT REVISING REQUIREMENTS FOR DISMISSING A CHILD ABUSE AND NEGLECT PETITION; REQUIRING A COURT TO CONSIDER INPUT FROM THE PARTIES TO THE PROCEEDING, THE GUARDIAN AD LITEM, AND THE COURT-APPOINTED SPECIAL ADVOCATE PRIOR TO DISMISSING A PETITION; PROVIDING FOR A DETERMINATION BY THE COURT THAT ISSUES LEADING TO THE FILING OF CHILD ABUSE AND NEGLECT PETITION HAVE BEEN RESOLVED AND NO REASON EXISTS FOR FURTHER INVOLVEMENT OR MONITORING BY THE DEPARTMENT OF PUBLIC HEALTH AND HUMAN SERVICES; AND AMENDING SECTION 41-3-424, MCA."
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Section 41-3-424, MCA, is amended to read:
"41-3-424. Dismissal. Unless the petition has been previously dismissed, the court, after considering input from the parties to the proceeding, the guardian ad litem for the child, and the court-appointed special advocate, shall dismiss an abuse and neglect petition on the motion of a party, or on its own motion, in any case in which all of the following criteria are met:
(1) a child who has been placed in foster care is reunited with the child's parents and returned home;
(2) the child remains in the home for a minimum of 6 months with no additional confirmed reports of child abuse or neglect; and
(3) the department determines and informs the court and the court determine that the issues that led to department intervention have been resolved and that no reason exists for further department intervention or monitoring."
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Latest Version of HB 264
(HB0264.01)
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