Terms Used In Montana Code > Title 41 > Chapter 3 > Part 4 - Abuse or Neglect Proceedings

• Abused or neglected: means the state or condition of a child who has suffered child abuse or neglect. See Montana Code 41-3-102
• 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
• 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.
• 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
• 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 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.
• 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.
• 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.
• 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
• 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 child: has the meaning provided in 41-3-1303. See Montana Code 41-3-102
• Indian custodian: has the meaning provided in 41-3-1303. See Montana Code 41-3-102
• 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
• 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.
• 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
• 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
• Probable cause: A reasonable ground for belief that the offender violated a specific law.
• Process: means a writ or summons issued in the course of judicial proceedings. See Montana Code 1-1-202
• 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

• Public defender: Represent defendants who can't afford an attorney in criminal matters.
• 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.
• 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
• 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
• Summons: Another word for subpoena used by the criminal justice system.
• 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.
• 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