Montana Code 41-3-443. Treatment plan — contents — changes
41-3-443. Treatment plan — contents — changes. (1) The court may order a treatment plan if:
Terms Used In Montana Code 41-3-443
- Abused or neglected: means the state or condition of a child who has suffered child abuse or neglect. See Montana Code 41-3-102
- Best interests of the child: means the physical, mental, and psychological conditions and needs of the child and any other factor considered by the court to be relevant to the child. 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
- 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
- Permanent placement: means reunification of the child with the child's parent, adoption, placement with a legal guardian, placement with a fit and willing relative, or placement in another planned permanent living arrangement until the child reaches 18 years of age. 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
- 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
- Treatment plan: means a written agreement between the department and the parent or guardian or a court order that includes action that must be taken to resolve the condition or conduct of the parent or guardian that resulted in the need for protective services for the child. See Montana Code 41-3-102
- youth: means any person under 18 years of age. See Montana Code 41-3-102
(a)the parent or parents admit the allegations of an abuse and neglect petition;
(b)the parent or parents stipulate to the allegations of abuse or neglect pursuant to 41-3-434; or
(c)the court has made an adjudication under 41-3-437 that the child is a youth in need of care.
(2)Every treatment plan must contain the following information:
(a)the identification of the problems or conditions that resulted in the abuse or neglect of a child;
(b)the treatment goals and objectives for each condition or requirement established in the plan. If the child has been removed from the home, the treatment plan must include but is not limited to the conditions or requirements that must be established for the safe return of the child to the family.
(c)the projected time necessary to complete each of the treatment objectives;
(d)the specific treatment objectives that clearly identify the separate roles and responsibilities of all parties addressed in the treatment plan; and
(e)the signature of the parent or parents or guardian, unless the plan is ordered by the court.
(3)A treatment plan may include but is not limited to any of the following remedies, requirements, or conditions:
(a)the right of entry into the child’s home for the purpose of assessing compliance with the terms and conditions of a treatment plan;
(b)the requirement of either the child or the child’s parent or guardian to obtain medical or psychiatric diagnosis and treatment through a physician or psychiatrist licensed in the state of Montana;
(c)the requirement of either the child or the child’s parent or guardian to obtain psychological treatment or counseling;
(d)the requirement of either the child or the child’s parent or guardian to obtain and follow through with alcohol or substance abuse evaluation and counseling, if necessary;
(e)the requirement that either the child or the child’s parent or guardian be restricted from associating with or contacting any individual who may be the subject of a department investigation;
(f)the requirement that the child be placed in temporary medical or out-of-home care;
(g)the requirement that the parent, guardian, or other person having physical or legal custody furnish services that the court may designate.
(4)A treatment plan may not include a drug testing requirement unless the court finds the substance use of the parent or guardian contributed to the removal of the child from the home or contributes to the child remaining out of the home.
(5)A treatment plan may not be altered, amended, continued, or terminated without the approval of the parent or parents or guardian pursuant to a stipulation and order or order of the court.
(6)A treatment plan must contain a notice provision advising parents:
(a)of timelines for hearings and determinations required under this chapter;
(b)that the state is required by federal and state laws to hold a permanency hearing to determine the permanent placement of a child no later than 12 months after a judge determines that the child has been abused or neglected or 12 months after the first 60 days that the child has been removed from the child’s home;
(c)that if a child has been in foster care for 15 of the last 22 months, state law presumes that termination of parental rights is in the best interests of the child and the state is required to file a petition to terminate parental rights; and
(d)that completion of a treatment plan does not guarantee the return of a child and that completion of the plan without a change in behavior that caused removal in the first instance may result in termination of parental rights.
(7)A treatment plan must be ordered by no later than 30 days after the date of the dispositional hearing held pursuant to 41-3-438, except for good cause shown.