Montana Code 41-3-425. Right to counsel
41-3-425. Right to counsel. (1) Any party involved in a petition filed pursuant to 41-3-422 has the right to counsel in all proceedings held pursuant to the petition.
Terms Used In Montana Code 41-3-425
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Indian child: has the meaning provided in 41-3-1303. See Montana Code 41-3-102
- Parent: means a biological or adoptive parent or stepparent. See Montana Code 41-3-102
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
- Public defender: Represent defendants who can't afford an attorney in criminal matters.
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
- Writing: includes printing. See Montana Code 1-1-203
- youth: means any person under 18 years of age. See Montana Code 41-3-102
(2)Except as provided in subsections (3) and (4), the court shall immediately appoint the office of state public defender to assign counsel for:
(a)any indigent parent, guardian, or other person having legal custody of a child or youth in a removal, placement, or termination proceeding pursuant to 41-3-422, pending a determination of eligibility pursuant to 47-1-111;
(b)any child or youth involved in a proceeding under a petition filed pursuant to 41-3-422;
(c)any party entitled to counsel at public expense under the federal Indian Child Welfare Act [or the Montana Indian Child Welfare Act provided for in Title 41, chapter 3, part 13]; and
(d)any child petitioning for reinstatement of parental rights pursuant to 41-3-615.
(3)When appropriate and in accordance with judicial branch policy, the court may assign counsel at the court’s expense for a guardian ad litem or a court-appointed special advocate involved in a proceeding under a petition filed pursuant to 41-3-422.
(4)Except as provided in the federal Indian Child Welfare Act [or the Montana Indian Child Welfare Act], a court may not appoint a public defender to a putative father, as defined in 42-2-201, of a child or youth in a removal, placement, or termination proceeding pursuant to 41-3-422 until:
(a)the putative father is successfully served notice of a petition filed pursuant to 41-3-422; and
(b)the putative father makes a request to the court in writing to appoint the office of state public defender to assign counsel. (Bracketed language in subsections (2)(c) and (4) terminates June 30, 2025–sec. 55, Ch. 716, L. 2023.)