Montana Code Annotated 2023

TITLE 41. MINORS

CHAPTER 3. CHILD ABUSE AND NEGLECT

Part 3. Protective Care

Availability Of Prehearing Conferences

41-3-307. Availability of prehearing conferences. (1) The parents, parent, guardian, or other person having physical or legal custody of a child who has been removed from the home pursuant to 41-3-301 may participate in a conference within 5 days of the child's removal and before an emergency protective services hearing held by the court pursuant to 41-3-306.

(2) A prehearing conference must include the following parties:

(a) the parents, parent, guardian, or other person having physical or legal custody of the child;

(b) the person's legal counsel;

(c) the county attorney's office; and

(d) a department social worker.

(3) To the greatest degree possible using available funding, the meetings must be conducted by an independent and trained facilitator.

(4) At a minimum, the meetings must involve discussion of:

(a) the child's current placement and options for continued placement if the child remains out of the home;

(b) whether other options exist for an in-home safety plan or resource that may allow the child to remain in the home;

(c) parenting time schedules; and

(d) treatment services for the family.

History: En. Sec. 2, Ch. 529, L. 2021; amd. Sec. 3, Ch. 711, L. 2023; amd. Sec. 32, Ch. 716, L. 2023.