Terms Used In Montana Code > Title 41 > Chapter 3 - Child Abuse and Neglect

• Abused or neglected: means the state or condition of a child who has suffered child abuse or neglect. See Montana Code 41-3-102
• Active efforts: means affirmative, active, thorough, and timely efforts meeting the requirements of 41-3-1319 that are intended primarily to maintain or reunite an Indian child with the child's family and that are tailored to the facts and circumstances of the case. See Montana Code 41-3-1303
• Adequate health care: means any medical care or nonmedical remedial health care recognized by an insurer licensed to provide disability insurance under Title 33, including the prevention of the withholding of medically indicated treatment or medically indicated psychological care permitted or authorized under state law. See Montana Code 41-3-102
• Adoptive placement: means the permanent placement of an Indian child for adoption, including any action resulting in a final decree of adoption. See Montana Code 41-3-1303
• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• Affidavit: means a sworn written declaration made before an officer authorized to administer oaths or an unsworn written declaration made under penalty of perjury as provided in 1-6-105. See Montana Code 1-1-203
• Allegation: something that someone says happened.
• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
• 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
• board: means a citizen review board appointed as provided in this section. See Montana Code 41-3-1003
• Child abuse or neglect: means :

  (i)actual physical or psychological harm to a child;

  (ii)substantial risk of physical or psychological harm to a child; or

  (iii)abandonment. See Montana Code 41-3-102

• Child custody proceeding: means any state or private proceeding, other than an emergency proceeding, that may culminate in a foster care placement, termination of parental rights, preadoptive placement, or adoptive placement. See Montana Code 41-3-1303
• Child protection specialist: means an employee of the department who investigates allegations of child abuse, neglect, and endangerment and has been certified pursuant to 41-3-127. See Montana Code 41-3-102
• Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Concurrent planning: means to work toward reunification of the child with the family while at the same time developing and implementing an alternative permanent plan. See Montana Code 41-3-102
• Continuance: Putting off of a hearing ot trial until a later time.
• Conviction: A judgement of guilt against a criminal defendant.
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Customary: means according to usage. See Montana Code 1-1-206
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• dangerous drugs: means the compounds and substances described as dangerous drugs in Schedules I through IV in Title 50, chapter 32, part 2. See Montana Code 41-3-102
• Decline to prosecute: means a decision not to file criminal charges based on the matter reported by the department or investigation by law enforcement for any reason, including but not limited to insufficient evidence. See Montana Code 41-3-102
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Department: means the department of public health and human services provided for in 2-15-2201. See Montana Code 41-3-1303
• Department: means the department of public health and human services provided for in 2-15-2201. See Montana Code 41-3-102
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• 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.
• extended family member: means an individual defined by the law or custom of the Indian child's tribe as a relative of the Indian child. See Montana Code 41-3-1303
• Family engagement meeting: means a meeting that involves family members in either developing treatment plans or making placement decisions, or both. See Montana Code 41-3-102
• Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
• Foster care placement: means an action removing an Indian child from the child's parent or Indian custodian for temporary placement in a foster home or institution or with a relative, guardian, conservator, or suitable other person under which the parent or Indian custodian may not have the child returned on demand but parental rights have not been terminated. See Montana Code 41-3-1303
• Fraud: Intentional deception resulting in injury to another.
• Germane: On the subject of the pending bill or other business; a strict standard of relevance.
• 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.
• Hearsay: Statements by a witness who did not see or hear the incident in question but heard about it from someone else. Hearsay is usually not admissible as evidence in court.
• Indian: means a person who is a member of an Indian tribe or who is an Alaska Native and a member of a regional corporation as established in 43 U. See Montana Code 41-3-1303
• Indian child: means an unmarried Indian person who is under 18 years of age and who is:

  (a)a member of an Indian tribe; or

  (b)eligible for membership in an Indian tribe and is the biological child of a member of an Indian tribe. See Montana Code 41-3-1303

• Indian child: has the meaning provided in 41-3-1303. See Montana Code 41-3-102
• Indian custodian: means an Indian person who under tribal law, tribal custom, or state law has legal or temporary physical custody of an Indian child or to whom the parent has transferred temporary care, physical custody, and control of the Indian child. See Montana Code 41-3-1303
• Indian custodian: has the meaning provided in 41-3-1303. See Montana Code 41-3-102
• Indian tribe: has the meaning provided in 41-3-1303. See Montana Code 41-3-102
• infant: means an infant less than 1 year of age or an infant 1 year of age or older who has been continuously hospitalized since birth, who was born extremely prematurely, or who has a long-term disability. See Montana Code 41-3-102
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Knowingly: means only a knowledge that the facts exist which bring the act or omission within the provisions of this code. See Montana Code 1-1-204
• Limited emancipation: means a status conferred on a youth by a court in accordance with 41-1-503 under which the youth is entitled to exercise some but not all of the rights and responsibilities of a person who is 18 years of age or older. See Montana Code 41-3-102
• Majority party: means the party with the most members in a house of the legislature, subject to subsection (2). See Montana Code 1-1-208
• membership: means a determination by an Indian tribe that an individual is a member of or eligible for membership in that Indian tribe. See Montana Code 41-3-1303
• Minority leader: See Floor Leaders
• Minority leader: means the leader of the minority party, elected by the caucus as provided in 5-2-221. See Montana Code 1-1-208
• Minority party: means the party with the second most members in a house of the legislature, subject to subsection (2). See Montana Code 1-1-208
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• Oversight: Committee review of the activities of a Federal agency or program.
• Parent: means a biological parent of an Indian child or an individual who has lawfully adopted an Indian child, including adoptions made as tribal customary adoptions. See Montana Code 41-3-1303
• Parent: means a biological or adoptive parent or stepparent. See Montana Code 41-3-102
• Parent-child legal relationship: means the legal relationship that exists between a child and the child's birth or adoptive parents, as provided in Title 40, chapter 6, part 2, unless the relationship has been terminated by competent judicial decree as provided in 40-6-234, Title 42, or part 6 of this chapter. See Montana Code 41-3-102
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Peace officer: has the meaning as defined in 46-1-202. See Montana Code 1-1-207
• 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
• Physical abuse: means an intentional act, an intentional omission, or gross negligence resulting in substantial skin bruising, internal bleeding, substantial injury to skin, subdural hematoma, burns, bone fractures, extreme pain, permanent or temporary disfigurement, impairment of any bodily organ or function, or death. See Montana Code 41-3-102
• Physical neglect: means :

  (a)failure to provide basic necessities, including but not limited to appropriate and adequate nutrition, protective shelter from the elements, and appropriate clothing related to weather conditions;

  (b)failure to provide cleanliness and general supervision, or both;

  (c)exposing or allowing the child to be exposed to an unreasonable physical or psychological risk to the child;

  (d)allowing sexual abuse or exploitation of the child; or

  (e)causing malnutrition or a failure to thrive. See Montana Code 41-3-102

• Physical or psychological harm to a child: means the harm that occurs whenever the parent or other person responsible for the child's welfare inflicts or allows to be inflicted on the child physical abuse, physical neglect, or psychological abuse or neglect. See Montana Code 41-3-102
• Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
• Preadoptive placement: means the temporary placement of an Indian child in a foster home or institution after the termination of parental rights but before or in lieu of adoptive placement. See Montana Code 41-3-1303
• Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
• Probable cause: A reasonable ground for belief that the offender violated a specific law.
• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• Process: means a writ or summons issued in the course of judicial proceedings. See Montana Code 1-1-202
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• Protective services: means services provided by the department:

  (i)to enable a child alleged to have been abused or neglected to remain safely in the home;

  (ii)to enable a child alleged to have been abused or neglected who has been removed from the home to safely return to the home; or

  (iii)to achieve permanency for a child adjudicated as a youth in need of care when circumstances and the best interests of the child prevent reunification with parents or a return to the home. See Montana Code 41-3-102

• Psychological abuse or neglect: means severe maltreatment, through acts or omissions, that is injurious to the child's intellectual or psychological capacity to function and that is identified as psychological abuse or neglect by a licensed psychologist, a licensed professional counselor, a licensed clinical social worker, a licensed psychiatrist, a licensed pediatrician, or a licensed advanced practice registered nurse with a focused practice in psychiatry. See Montana Code 41-3-102
• Public defender: Represent defendants who can't afford an attorney in criminal matters.
• Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
• Qualified individual: means a trained professional or licensed clinician who:

  (a)has expertise in the therapeutic needs assessment used for placement of youth in a therapeutic group home;

  (b)is not an employee of the department; and

  (c)is not connected to or affiliated with any placement setting in which children are placed. See Montana Code 41-3-102

• Reasonable cause to suspect: means cause that would lead a reasonable person to believe that child abuse or neglect may have occurred or is occurring, based on all the facts and circumstances known to the person. See Montana Code 41-3-102
• Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
• Residential setting: means an out-of-home placement where the child typically resides for longer than 30 days for the purpose of receiving food, shelter, security, guidance, and, if necessary, treatment. See Montana Code 41-3-102
• Safety and risk assessment: means an evaluation by a child protection specialist following an initial report of child abuse or neglect to assess the following:

  (a)the existing threat or threats to the child's safety;

  (b)the protective capabilities of the parent or guardian;

  (c)any particular vulnerabilities of the child;

  (d)any interventions required to protect the child; and

  (e)the likelihood of future physical or psychological harm to the child. See Montana Code 41-3-102

• Service of process: The service of writs or summonses to the appropriate party.
• Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
• Sex: means the organization of the body parts and gametes for reproduction in human beings and other organisms. See Montana Code 1-1-201
• Sexual abuse: means the commission of sexual assault, sexual intercourse without consent, aggravated sexual intercourse without consent, indecent exposure, sexual abuse, ritual abuse of a minor, or incest, as described in Title 45, chapter 5. See Montana Code 41-3-102
• Sexual exploitation: means :

  (a)allowing, permitting, or encouraging a child to engage in a prostitution offense, as described in 45-5-601;

  (b)allowing, permitting, or encouraging sexual abuse of children as described in 45-5-625; or

  (c)allowing, permitting, or encouraging sex trafficking as described in 45-5-702, 45-5-705, 45-5-706, or 45-5-711. See Montana Code 41-3-102

• Subpoena: A command to a witness to appear and give testimony.
• Summons: Another word for subpoena used by the criminal justice system.
• Termination of parental rights: means any action resulting in the termination of the parent-child relationship. See Montana Code 41-3-1303
• Testify: Answer questions in court.
• Testify: means every mode of oral statement under oath or affirmation. See Montana Code 1-1-202
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• 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

• 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
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• Tribal court: means a court or body vested by an Indian tribe with jurisdiction over child custody proceedings. See Montana Code 41-3-1303
• tribe: means any Indian tribe, band, nation, or other organized group or community of Indians recognized as eligible for the services provided to Indians by the secretary of the interior because of their status as Indians. See Montana Code 41-3-1303
• United States: includes the District of Columbia and the territories. See Montana Code 1-1-201
• Venue: The geographical location in which a case is tried.
• Withholding of medically indicated treatment: means the failure to respond to an infant's life-threatening conditions by providing treatment, including appropriate nutrition, hydration, and medication, that, in the treating physician's or physicians' reasonable medical judgment, will be most likely to be effective in ameliorating or correcting the conditions. See Montana Code 41-3-102
• Writing: includes printing. See Montana Code 1-1-203
• youth: means any person under 18 years of age. See Montana Code 41-3-102
• Youth in need of care: means a youth who has been adjudicated or determined, after a hearing, to be or to have been abused, neglected, or abandoned. See Montana Code 41-3-102