Montana Code 41-3-424. Dismissal
41-3-424. Dismissal. Unless the petition has been previously dismissed, the court 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:
Terms Used In Montana Code 41-3-424
- Child abuse or neglect: means :
(i)actual physical or psychological harm to a child;
(ii)substantial risk of physical or psychological harm to a child; or
(iii)abandonment. See Montana Code 41-3-102
- Department: means the department of public health and human services provided for in 2-15-2201. See Montana Code 41-3-102
(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 that the issues that led to department intervention have been resolved and that no reason exists for further department intervention or monitoring.