Montana Code 41-3-441. Review of necessity of nonyouth foster home placement
41-3-441. Review of necessity of nonyouth foster home placement. (1) Within 60 days of placement of a child in a therapeutic group home, the court shall:
Terms Used In Montana Code 41-3-441
- Department: means the department of public health and human services provided for in 2-15-2201. See Montana Code 41-3-102
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- 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.
- Parent: means a biological or adoptive parent or stepparent. See Montana Code 41-3-102
- Therapeutic needs assessment: means an assessment performed by a qualified individual within 30 days of placement of a child in a therapeutic group home that:
(a)assesses the strengths and needs of the child using an age-appropriate, evidence-based, validated, functional assessment tool;
(b)determines whether the needs of the child can be met with family members or through placement in a youth foster home or, if not, which appropriate setting would provide the most effective and appropriate level of care for the child in the least restrictive environment and be consistent with the short-term and long-term goals for the child as specified in the child's permanency plan; and
(c)develops a list of child-specific short-term and long-term mental and behavioral health goals. See Montana Code 41-3-102
- youth: means any person under 18 years of age. See Montana Code 41-3-102
(a)conduct a hearing to:
(i)review the therapeutic needs assessment of the child;
(ii)consider whether the needs of the child can be met through placement in a youth foster home;
(iii)consider whether placement of the child in a therapeutic group home provides the most effective and appropriate level of care for the child in the least restrictive environment; and
(iv)consider whether placement of the child in a therapeutic group home is consistent with the short-term and long-term goals for the child as specified in the child’s permanency plan; and
(b)issue a written order stating the reasons for the court’s decision to approve or disapprove the continued placement of the child in a therapeutic group home. The order must be included in and made part of the child’s case plan.
(2)If the child remains placed in a therapeutic group home, the following evidence must be submitted at each status review or permanency hearing held concerning the child:
(a)the ongoing assessment of the strengths and needs of the child that continues to support the determination that the needs of the child cannot be met through placement in a youth foster home;
(b)that the child’s placement in a therapeutic group home provides the most effective and appropriate level of care for the child in the least restrictive environment;
(c)that the placement is consistent with the short-term and long-term goals for the child as specified in the child’s permanency plan;
(d)documentation of the specific treatment or service needs that will be met for the child in the placement and the length of time the child is expected to need the treatment or services; and
(e)documentation of the efforts made by the department to prepare the child to return home, to be placed with a fit and willing relative, legal guardian, or adoptive parent, or to be placed in a youth foster home.