Montana Code 41-3-451. Exemption from placement preferences
41-3-451. Exemption from placement preferences. (1) Good cause exists to not follow the placement preferences described in 41-3-450 if one or more of the following circumstances is present:
Terms Used In Montana Code 41-3-451
- Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
- 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
(a)a child’s parent or legal guardian attests that the parent or legal guardian has reviewed the placement preferences and requests a placement that does not follow the order of preference;
(b)a child who is of sufficient age and capacity to understand the decision requests a placement that does not follow the order of preference;
(c)a sibling attachment exists that may be maintained only through a particular placement;
(d)the extraordinary physical, mental, or emotional needs of the child, such as specialized treatment services that may be unavailable in the community where families who meet the placement preferences live, require a particular placement; or
(e)a suitable placement meeting the placement preferences is not available after a diligent search was conducted. The determination that a suitable placement is not available must conform to the prevailing social and cultural standards of the community in which the child’s parent or legal guardian or extended family resides or to which the child’s parent or legal guardian or extended family members maintain social and cultural ties.
(2)Good cause does not exist to depart from the preferences described in 41-3-450 based on the socioeconomic status of any placement relative to another placement.