Montana Code 41-3-450. Placement preferences
41-3-450. Placement preferences. (1) The placement preferences described in this section apply in any foster care, preadoptive, or adoptive placement of a child unless there is a determination under 41-3-451 that good cause exists to not follow the placement preferences or unless the placement is governed by the federal Indian Child Welfare Act or the Montana Indian Child Welfare Act.
Terms Used In Montana Code 41-3-450
- Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
- 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.
- 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
(2)(a) In any adoptive placement of a child, preference must be given in descending order to placement of the child with:
(i)a member of the child’s extended family, including fictive kin;
(ii)a member of the child’s community with ethnic, cultural, and religious heritage similar to the child’s family; or
(iii)a family with ethnic, cultural, and religious heritage similar to the child’s family.
(b)When appropriate, the placement preference of the child or the child’s parent or legal guardian must be considered.
(3)Except as provided in 41-3-301(1), in any foster care or preadoptive placement of a child:
(a)the child must be placed in the least restrictive setting that:
(i)most approximates a family, taking into consideration sibling attachment;
(ii)allows the child’s special needs, if any, to be met; and
(iii)is in reasonable proximity to the child’s home, extended family, or siblings;
(b)preference must be given in descending order to placement of the child with:
(i)a member of the child’s extended family, including fictive kin;
(ii)a licensed foster home located in the child’s community with ethnic, cultural, and religious heritage similar to the child’s family;
(iii)a licensed foster home with ethnic, cultural, and religious heritage similar to the child’s family; or
(iv)an institution for children approved by the department that has a program suitable to meet the child’s needs; and
(c)the preference of the child or the child’s parent or legal guardian must be considered.
(4)For the purposes of this section, “fictive kin” means a person to whom the child and the child’s parent and family ascribe a family relationship and with whom the child has had a significant emotional tie that existed prior to the department’s involvement with the child and the child’s family.