Sections
Part 1 General Provisions Applicable to Local Government § 7-2-101 – § 7-2-103
Part 21 General Provisions Applicable to Counties § 7-2-2101 – § 7-2-2105
Part 22 Creation of New Counties by Petition § 7-2-2201 – § 7-2-2256
Part 24 Transfer and Transcription of Records, Court Actions, and Jury Lists for New Counties § 7-2-2401 – § 7-2-2424
Part 25 Change of Name of County § 7-2-2501 – § 7-2-2514
Part 26 Removal of County Seat § 7-2-2601 – § 7-2-2608
Part 27 Abandonment and Consolidation of Counties § 7-2-2701 – § 7-2-2759
Part 28 Alteration of County Boundaries for Public Safety § 7-2-2801 – § 7-2-2809
Part 41 Organization and Incorporation of New Municipalities § 7-2-4101 – § 7-2-4111
Part 42 Addition to Municipalities § 7-2-4201 – § 7-2-4211
Part 43 Annexation of Contiguous Land § 7-2-4301 – § 7-2-4331
Part 44 Annexation of Contiguous Government Land § 7-2-4401 – § 7-2-4421
Part 45 Annexation of Wholly Surrounded Land § 7-2-4501 – § 7-2-4511
Part 46 Annexation by Petition § 7-2-4601 – § 7-2-4625
Part 47 Annexation With the Provision of Services § 7-2-4701 – § 7-2-4761
Part 48 Exclusion of Land § 7-2-4801 – § 7-2-4810
Part 49 Disincorporation of Municipalities § 7-2-4901 – § 7-2-4920

Terms Used In Montana Code > Title 7 > Chapter 2

  • Abandoned: means left without provision for reasonable and necessary care or supervision. See Montana Code 40-7-103
  • Abused or neglected: means the state or condition of a child who has suffered child abuse or neglect. See Montana Code 41-3-102
  • Access: means the ability to read, change, copy, use, transfer, or disseminate criminal justice information maintained by criminal justice agencies. See Montana Code 44-5-103
  • Acknowledgment: means a declaration by an individual appearing before a notarial officer that the individual has willingly signed a record for the purposes stated in the record and, if the record is signed in a representative capacity, that the individual signed the record with proper authority and signed the record as the act of the individual or entity identified in the record. See Montana Code 1-5-602
  • Acquittal:
    1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
    2. A verdict of "not guilty."
     
  • Actual knowledge: means direct and clear awareness of information. See Montana Code 44-12-101
  • 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
  • Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
  • Administration of criminal justice: means the performance of any of the following activities: detection, apprehension, detention, pretrial release, posttrial release, prosecution, adjudication, correctional supervision, or rehabilitation of accused persons or criminal offenders. See Montana Code 44-5-103
  • Adoptee: means an adopted person or a person who is the subject of adoption proceedings that are intended to result in the adoptee becoming the legal child of another person. See Montana Code 42-1-103
  • Adoption: means the act of creating the legal relationship between parent and child when it does not exist genetically. See Montana Code 42-1-103
  • Adoptive parent: means an adult who has become the mother or father of a child through the legal process of adoption. See Montana Code 42-1-103
  • Adult: means a person 18 years of age or older. See Montana Code 45-5-701
  • Adult: means a person who is 18 years of age or older. See Montana Code 39-7-303
  • Advisory council: means the statewide public safety communications system advisory council established in 44-4-1604. See Montana Code 44-4-1603
  • Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
  • Agency: means a child placement agency licensed by the state of Montana pursuant to Title 52, chapter 8, that is expressly empowered to place children preliminary to a possible adoption. See Montana Code 42-1-103
  • agent: means a person appointed by the attorney general to conduct criminal investigations and perform related duties within the department of justice. See Montana Code 44-2-111
  • agricultural: has the meaning provided in 15-1-101(1)(a). See Montana Code 39-71-118
  • Agriculture: means :

    (a) all aspects of farming, including the cultivation and tillage of the soil;

    (b) (i) dairying; and

    (ii) the production, cultivation, growing, and harvesting of any agricultural or horticultural commodities, including commodities defined as agricultural commodities in the federal Agricultural Marketing Act, 12 U. See Montana Code 41-2-103

  • Alleged father: means a person who is alleged to have engaged in sexual intercourse with a child's mother during a possible time of conception of the child or a person who is presumed to be a child's father under the provisions of 40-6-105. See Montana Code 40-5-201
  • Alternative arrangement: means a written agreement between the obligor and obligee, and the department in the case of an assignment of rights under 53-2-613, that has been approved and entered in the record of the court or administrative authority issuing or modifying the support order. See Montana Code 40-5-403
  • Annual payroll: means the total amount of wages paid by an employer, regardless of the time of payment, for employment during a calendar year. See Montana Code 39-51-201
  • Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • Applicant: means a person that seeks to be licensed under this chapter. See Montana Code 39-8-102
  • Appraisal: A determination of property value.
  • Appropriate unit: means a group of public employees banded together for collective bargaining purposes as designated by the board. See Montana Code 39-31-103
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Arraignment: A proceeding in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty.
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • assistance: means the evaluation, planning, implementation, and provision of appropriate services prior to the determination that the worker meets the definition of a disabled worker that are designed to facilitate a worker's return to work as soon as possible following the worker's injury or occupational disease. See Montana Code 39-71-1011
  • Assistance fund: means the stay-at-work/return-to-work assistance fund provided for in 39-71-1049. See Montana Code 39-71-1011
  • assistance policy: means a written stay-at-work/return-to-work policy that explains to the worker the process of evaluation, planning, implementation, and provision of services by the insurer prior to the determination that the worker meets the definition of a disabled worker. See Montana Code 39-71-1011
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Attendant care: means the direct supervision of youth by a trained attendant in a physically unrestricting setting. See Montana Code 41-5-1901
  • Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
  • Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
  • Base period: means :

    (a) the first 4 of the last 5 completed calendar quarters immediately preceding the first day of an individual's benefit year;

    (b) if the individual does not have sufficient wages to qualify for benefits under subsection (2)(a), the 4 most recently completed calendar quarters immediately preceding the first day of the individual's benefit year;

    (c) in the case of a combined-wage claim pursuant to the arrangement approved by the secretary of labor of the United States, the period applicable under the unemployment law of the paying state; or

    (d) for an individual who fails to meet the qualifications of 39-51-2105 or a similar statute of another state because of a temporary total disability, as defined in 39-71-116, or a similar statute of another state or the United States, the first 4 quarters of the last 5 completed calendar quarters preceding the disability if a claim for unemployment benefits is filed within 24 months of the date on which the individual's disability was incurred. See Montana Code 39-51-201

  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Benefit year: means the 52-consecutive-week period beginning with the first day of the calendar week in which an individual files a valid claim for benefits, except that the benefit year is 53 weeks if filing a new valid claim would result in overlapping any quarter of the base period of a previously filed new claim. See Montana Code 39-51-201
  • Benefits: means the money payments payable to an individual, as provided in this chapter, with respect to the individual's unemployment. See Montana Code 39-51-201
  • Bequest: Property gifted by will.
  • 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
  • Biological sample: means cheek cells removed by using a buccal swab of a type authorized by the department or a vial or other container of blood. See Montana Code 44-6-101
  • Birth parent: means the woman who gave birth to the child or the father of genetic origin of the child. See Montana Code 42-1-103
  • board: means a citizen review board appointed as provided in this section. See Montana Code 41-3-1003
  • Board: means the board of crime control provided for in 2-15-2306. See Montana Code 41-5-1901
  • Board: means the board of personnel appeals provided for in 2-15-1705. See Montana Code 39-31-103
  • Board: means the unemployment insurance appeals board provided for in Title 2, chapter 15, part 17. See Montana Code 39-51-201
  • Board: means the board of directors of the Montana self-insurers guaranty fund. See Montana Code 39-71-2603
  • Budget authority: Authority provided by law to enter into obligations that will result in outlays of Federal funds. Budget authority may be classified by the period of availability (one-year, multiyear, no-year), by the timing of congressional action (current or permanent), or by the manner of determining the amount available (definite or indefinite).
  • Calendar quarter: means the period of 3 consecutive calendar months ending on March 31, June 30, September 30, or December 31. See Montana Code 39-51-201
  • Case law: The law as laid down in cases that have been decided in the decisions of the courts.
  • Catastrophically injured: means a physical injury or occupational disease incurred by a worker to the extent that treatment for the injury or occupational disease:

    (a) requires inpatient care for at least 21 consecutive days in a hospital or rehabilitation center that is in Montana but that is more than 100 miles from the worker's place of residence; or

    (b) requires inpatient care for at least 21 consecutive days in a hospital or rehabilitation center that is located outside Montana; and

    (c) occurs within 90 days of the accident or events causing the worker to be catastrophically injured. See Montana Code 39-71-4003

  • Certificate: means documentation issued by the department to an individual who is a person with a disability. See Montana Code 39-71-901
  • Certification of fact: means a notarial act in which a notary reviews public or vital records or other legally accessible data to ascertain or confirm any of the following facts:

    (a) date of birth, death, marriage, or divorce, or that an individual is alive;

    (b) name of parent, marital partner, offspring, or sibling;

    (c) that an event has occurred; or

    (d) any matter authorized by law or rule of this state for certification by a notary public. See Montana Code 1-5-602

  • Chambers: A judge's office.
  • Child: means :

    (i) a person under 18 years of age who is not emancipated, self-supporting, married, or a member of the armed forces of the United States;

    (ii) a person under 19 years of age who is still in high school;

    (iii) a person who is mentally or physically incapacitated when the incapacity began prior to that person reaching 18 years of age; and

    (iv) in IV-D cases, a person for whom:

    (A) support rights are assigned under 53-2-613;

    (B) a public assistance payment has been made;

    (C) the department is providing support enforcement services under 40-5-203; or

    (D) the department has received a referral for IV-D services under the provisions of the Uniform Interstate Family Support Act, the Revised Uniform Reciprocal Enforcement of Support Act, the Uniform Reciprocal Enforcement of Support Act, or Title IV-D of the Social Security Act. See Montana Code 40-5-701

  • Child: means any person under 18 years of age. See Montana Code 42-1-103
  • Child: means an individual who has not attained 18 years of age. See Montana Code 40-7-103
  • Child: means :

    (i) a person under 18 years of age who is not otherwise emancipated, self-supporting, married, or a member of the armed forces of the United States;

    (ii) a person under 19 years of age and still in high school;

    (iii) a person who is mentally or physically incapacitated if the incapacity began prior to the person's 18th birthday; or

    (iv) in a IV-D case, a person for whom:

    (A) support rights are assigned under 53-2-613;

    (B) a public assistance payment has been made;

    (C) the department is providing support enforcement services under 40-5-203; or

    (D) the department has received a referral for IV-D services from an agency of another state or an Indian tribe under the provisions of the Uniform Interstate Family Support Act, the Revised Uniform Reciprocal Enforcement of Support Act, the Uniform Reciprocal Enforcement of Support Act, or Title IV-D of the Social Security Act. See Montana Code 40-5-201

  • 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 determination: means a judgment, decree, or other order of a court providing for the legal custody, physical custody, or visitation with respect to a child. See Montana Code 40-7-103
  • Child custody proceeding: means a proceeding in which legal custody, physical custody, or visitation with respect to a child is an issue. See Montana Code 40-7-103
  • Child with special needs: means a child who is a dependent of a public or voluntary licensed child placement agency and meets at least one of the following criteria as a child who is:

    (a) diagnosed as having a physical, mental, or emotional disability;

    (b) recognized to be at high risk of developing a physical, mental, or emotional disability;

    (c) a member of a minority group;

    (d) 6 years of age or older; or

    (e) a member of a sibling group to be placed together for adoption. See Montana Code 42-10-103

  • 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.
  • Client: means a person that obtains all or part of the person's workforce from another person through a professional employer arrangement. See Montana Code 39-8-102
  • Closure: means the permanent shutting down of operations at a workplace. See Montana Code 39-2-1002
  • codes: means the Montana Code Annotated, which is a reenactment of the Revised Codes of Montana, 1947, as provided in 1-11-103. See Montana Code 1-11-101
  • Coercion: means :

    (a) the use or threat of force against, abduction of, serious harm to, or physical restraint of a person;

    (b) the use of a plan, pattern, or statement with intent to cause a person to believe that failure to perform an act will result in the use of force against, abduction of, serious harm to, or physical restraint of a person;

    (c) the abuse or threatened abuse of law or legal process;

    (d) controlling or threatening to control a person's access to any substance defined as a dangerous drug pursuant to Title 50, chapter 32, parts 1 and 2;

    (e) the actual or threatened destruction or taking of a person's identification document or other property;

    (f) the use of debt bondage;

    (g) the use of a person's physical or mental impairment when the impairment has a substantial adverse effect on the person's cognitive or volitional function; or

    (h) the commission of civil or criminal fraud. See Montana Code 45-5-701

  • Commencement: means the filing of the first pleading in a proceeding. See Montana Code 40-7-103
  • Commercial sexual activity: means sexual activity for which anything of value is given to, promised to, or received by a person. See Montana Code 45-5-701
  • Commission on rehabilitation counselor certification: means the nonprofit, independent, fee-structured organization that is a member of the national commission for health certifying agencies and that is established to certify rehabilitation providers. See Montana Code 39-71-1011
  • Commissioner: means the commissioner of labor and industry as provided for in 2-15-1701. See Montana Code 39-1-101
  • Commissioner: means the commissioner of labor and industry. See Montana Code 39-3-402
  • Commissioner: means the commissioner of labor and industry as provided in 2-15-1701. See Montana Code 39-7-303
  • Communication technology: means a real-time, two-way audiovisual electronic device or process that:

    (a) allows a notarial officer located in this state and a remotely located individual to communicate with each other simultaneously by sight and sound;

    (b) facilitates communication with a remotely located individual with a vision, hearing, or speech impairment when necessary under and consistent with applicable law; and

    (c) complies with this part and implementing rules. See Montana Code 1-5-602

  • 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
  • Confidential criminal justice information: means :

    (a) criminal investigative information;

    (b) criminal intelligence information;

    (c) fingerprints and photographs;

    (d) criminal justice information or records made confidential by law; and

    (e) any other criminal justice information not clearly defined as public criminal justice information. See Montana Code 44-5-103

  • Confidential employee: means any person found by the board to be a confidential labor relations employee and any person employed in the personnel division, department of administration, who acts with discretionary authority in the creation or revision of state classification specifications. See Montana Code 39-31-103
  • Confidential intermediary: means a person certified by the department and under contract with or employed by a nonprofit entity with expertise in adoption. See Montana Code 42-1-103
  • Conservation activity: means an activity for which a wildlife conservation license is issued by the department of fish, wildlife, and parks pursuant to 87-2-201. See Montana Code 40-5-701
  • Construction contractor: means a person, firm, or corporation that:

    (a) in the pursuit of an independent business, offers to undertake, undertakes, or submits a bid to construct, alter, repair, add to, subtract from, improve, move, wreck, or demolish for another a building, highway, road, railroad, excavation, or other structure, project, development, or improvement attached to real estate, including the installation of carpeting or other floor covering, the erection of scaffolding or other structures or works, or the installation or repair of roofing or siding; or

    (b) in order to do work similar to that described in subsection (1)(a) upon the construction contractor's property, employs members of more than one trade on a single job or under a single building permit, except as otherwise provided. See Montana Code 39-9-102

  • Contiguous: means any area that, at the time annexation procedures are initiated, either abuts directly on the municipal boundary or is separated from the municipal boundary by a street or street right-of-way, a creek or river, the right-of-way of a railroad or other public service corporation, lands owned by the city or some other political subdivision, or lands owned by the state. See Montana Code 7-2-4704
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Contributions: means the money payments to the state unemployment insurance fund required by this chapter but does not include assessments under 39-51-404. See Montana Code 39-51-201
  • Controlled substance: means any substance designated as a dangerous drug pursuant to Title 50, chapter 32, parts 1 and 2. See Montana Code 44-12-101
  • Controlling person: means an individual who possesses the right to direct the management or policies of a professional employer organization or group through ownership of voting securities, by contract or otherwise. See Montana Code 39-8-102
  • Core components: means those elements of a sobriety program that analysis demonstrates are most likely to account for positive program outcomes. See Montana Code 44-4-1202
  • County: means a county, city-county consolidated government, or a youth detention region created pursuant to 41-5-1805. See Montana Code 41-5-1901
  • Court: means a court of record in a competent jurisdiction and, in Montana, means a district court or a tribal court. See Montana Code 40-6-402
  • Court: means a court of record in a competent jurisdiction and in Montana means a district court or a tribal court. See Montana Code 42-1-103
  • Court: means an entity authorized under the law of a state to establish, enforce, or modify a child custody determination. See Montana Code 40-7-103
  • Credential: means a recognized:

    (a) educational diploma;

    (b) certificate or degree;

    (c) occupational license;

    (d) apprenticeship certificate;

    (e) industry-recognized certification; or

    (f) award for skills attainment and completion, issued by an approved training provider in the state or by a third-party credential provider recognized in rule by the department. See Montana Code 39-11-302

  • Credit bureau: An agency that collects individual credit information and sells it for a fee to creditors so they can make a decision on granting loans. Typical clients include banks, mortgage lenders, credit card companies, and other financing companies. (Also commonly referred to as consumer-reporting agency or credit-reporting agency.) Source: OCC
  • Credit report: A detailed report of an individual's credit history prepared by a credit bureau and used by a lender in determining a loan applicant's creditworthiness. Source: OCC
  • Criminal history record information: means information about individuals collected by criminal justice agencies consisting of identifiable descriptions and notations of arrests; detentions; the filing of complaints, indictments, or informations and dispositions arising from complaints, indictments, or informations; sentences; correctional status; and release. See Montana Code 44-5-103
  • Criminal intelligence information: means information associated with an identifiable individual, group, organization, or event compiled by a criminal justice agency:

    (i) in the course of conducting an investigation relating to a major criminal conspiracy, projecting potential criminal operation, or producing an estimate of future major criminal activities; or

    (ii) in relation to the reliability of information, including information derived from reports of informants or investigators or from any type of surveillance. See Montana Code 44-5-103

  • Criminal investigative information: means information associated with an individual, group, organization, or event compiled by a criminal justice agency in the course of conducting an investigation of a crime or crimes. See Montana Code 44-5-103
  • Criminal justice agency: means :

    (a) any court with criminal jurisdiction;

    (b) any federal, state, or local government agency designated by statute or by a governor's executive order to perform as its principal function the administration of criminal justice, including a governmental fire agency organized under Title 7, chapter 33, or a fire marshal who conducts criminal investigations of fires;

    (c) any local government agency not included under subsection (7)(b) that performs as its principal function the administration of criminal justice pursuant to an ordinance or local executive order; or

    (d) any agency of a foreign nation that has been designated by that nation's law or chief executive officer to perform as its principal function the administration of criminal justice and that has been approved for the receipt of criminal justice information by the Montana attorney general, who may consult with the United States department of justice. See Montana Code 44-5-103

  • Criminal justice information: means information relating to criminal justice collected, processed, or preserved by a criminal justice agency. See Montana Code 44-5-103
  • criminal justice information network: means a telecommunications network used exclusively for the purpose of information exchange among the state's law enforcement agencies as provided in Title 44, chapter 5. See Montana Code 44-2-301
  • Criminal justice information system: means a system, automated or manual, operated by foreign, federal, regional, state, or local governments or governmental organizations for collecting, processing, preserving, or disseminating criminal justice information. See Montana Code 44-5-103
  • Criminal street gang: means any ongoing organization, association, or group of three or more persons, whether formal or informal, having as one of its primary activities the commission of one or more of the criminal acts enumerated in 45-8-405, having a common name or common identifying sign or symbol, and whose members individually or collectively engage in or have engaged in a pattern of criminal street gang activity. See Montana Code 45-8-402
  • Critical incident: means an event that results in acute or cumulative psychological stress or trauma to an emergency service provider as a result of response to the incident. See Montana Code 39-74-104
  • Critical incident stress: means an unusually strong emotional, cognitive, or physical reaction that has the potential to interfere with normal functioning and that results from the response to a critical incident. See Montana Code 39-74-104
  • Critical incident stress management: means a process of crisis intervention designed to assist emergency service personnel in coping with the psychological trauma resulting from response to a critical incident. See Montana Code 39-74-104
  • Critical incident stress management and response services: means consultation, counseling, debriefing, defusing, intervention services, management, prevention, and referral provided by a critical incident stress management team member to emergency service personnel. See Montana Code 39-74-104
  • Critical incident stress management team: means the group of one or more trained volunteers or paid professionals who offer critical incident stress management and response services following a critical incident. See Montana Code 39-74-104
  • Customary: means according to usage. See Montana Code 1-1-206
  • Dangerous drug: has the meaning provided in 50-32-101. See Montana Code 44-4-1202
  • 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
  • Date of hire: means the first day that an employee starts work for which the employee is owed compensation by the payor of income. See Montana Code 40-5-901
  • Debt bondage: means inducing a person to provide:

    (a) commercial sexual activity in payment toward or satisfaction of a real or purported debt; or

    (b) labor or services in payment toward or satisfaction of a real or purported debt if:

    (i) the reasonable value of the labor or services is not applied toward the liquidation of the debt; or

    (ii) the length of the labor or services is not limited and the nature of the labor or services is not defined. See Montana Code 45-5-701

  • Decedent: A deceased person.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Defense attorney: Represent defendants in criminal matters.
  • Delinquency: means a support debt or support obligation due under a support order in an amount greater than or equal to 6 months' support payments as of the date of service of a notice of intent to suspend a license. See Montana Code 40-5-701
  • Department: means the department of public health and human services provided for in 2-15-2201. See Montana Code 40-5-403
  • Department: means the department of public health and human services. See Montana Code 40-5-701
  • Department: means the department of public health and human services provided for in 2-15-2201. See Montana Code 40-5-901
  • Department: means the department of public health and human services provided for in 2-15-2201. See Montana Code 40-6-402
  • Department: means the department of labor and industry provided for in 2-15-1701. See Montana Code 41-2-103
  • Department: means the department of public health and human services, provided for in 2-15-2201. See Montana Code 42-1-103
  • Department: means the department of labor and industry as provided for in 2-15-1701. See Montana Code 39-1-101
  • Department: means the department of labor and industry. See Montana Code 39-8-102
  • Department: means the department of public health and human services provided for in 2-15-2201. See Montana Code 42-10-103
  • Department: means the department of labor and industry. See Montana Code 39-9-102
  • Department: means the department of justice provided for in 2-15-2001. See Montana Code 44-4-1202
  • Department: means the department of justice established in 2-15-2001. See Montana Code 44-4-1603
  • Department: means the department of justice provided for in 2-15-2001. See Montana Code 44-6-101
  • Department: means the department of labor and industry provided for in Title 2, chapter 15, part 17. See Montana Code 39-51-201
  • Department: means the department of labor and industry. See Montana Code 39-2-1002
  • Department: means the department of public health and human services provided for in 2-15-2201. See Montana Code 41-3-102
  • Department: means the department of labor and industry provided for in Title 2, chapter 15, part 17. See Montana Code 39-11-302
  • Department: means the department of public health and human services. See Montana Code 40-5-201
  • Dependent: A person dependent for support upon another.
  • Deposition: means a written declaration under oath or affirmation, made upon notice to the adverse party for the purpose of enabling the adverse party to attend and cross-examine. See Montana Code 1-1-202
  • Destructive device: as used in this chapter , includes but is not limited to the following weapons:

    (a) a projectile containing an explosive or incendiary material or any other similar chemical substance, including but not limited to that which is commonly known as tracer or incendiary ammunition, except tracer ammunition manufactured for use in shotguns;

    (b) a bomb, grenade, explosive missile, or similar device or a launching device therefor;

    (c) a weapon of a caliber greater than . See Montana Code 45-8-332

  • Devise: To gift property by will.
  • Direct parental placement adoption: means an adoption in which the parent of the child places the child with a prospective adoptive parent personally known and selected by the parent independent of an agency. See Montana Code 42-1-103
  • Director: means the director of the department of public health and human services or the director's authorized representative. See Montana Code 40-5-201
  • Disabled worker: means a worker who has a permanent impairment, established by objective medical findings, resulting from a work-related injury that precludes the worker from returning to the job the worker held at the time of the injury or to a job with similar physical requirements and who has an actual wage loss as a result of the injury. See Montana Code 39-71-1011
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • Displaced homemaker: means an adult who:

    (a) has worked as an adult primarily without remuneration to care for the home and family and for that reason has diminished marketable skills and who has been dependent on public assistance or on the income of a relative but is no longer supported by that income; or

    (b) (i) is a parent whose youngest dependent child will become ineligible to receive cash assistance, as defined in 53-4-201, pursuant to Title 53, chapter 4, part 2, within 2 years of the parent's application for displaced homemaker assistance;

    (ii) is unemployed or underemployed and is experiencing difficulty in obtaining any employment or suitable employment, as appropriate; or

    (iii) meets the qualifications described in subsection (3)(a) or (3)(b) and is a criminal offender. See Montana Code 39-7-303

  • Disposition: means information disclosing that criminal proceedings against an individual have terminated and describing the nature of the termination or information relating to sentencing, correctional supervision, release from correctional supervision, the outcome of appellate or collateral review of criminal proceedings, or executive clemency. See Montana Code 44-5-103
  • Dissemination: means the communication or transfer of criminal justice information to individuals or agencies other than the criminal justice agency that maintains the information. See Montana Code 44-5-103
  • DNA: means deoxyribonucleic acid. See Montana Code 44-6-101
  • DNA identification index: means the DNA identification record system established under 44-6-102. See Montana Code 44-6-101
  • DNA record: means DNA identification information stored in the DNA identification index for purposes of establishing identification in connection with law enforcement investigations or supporting statistical interpretation of the results of DNA analysis. See Montana Code 44-6-101
  • DNA testing: means DNA analysis of materials derived from the human body for the purposes of identification consistent with this part. See Montana Code 44-6-101
  • Docket: A log containing brief entries of court proceedings.
  • Domestic service: means an occasional, irregular, or incidental nonhazardous occupational activity related to and conducted in or around a private residence, including but not limited to babysitting, pet sitting or similar household chore, and manual yard work. See Montana Code 41-2-103
  • Donor: The person who makes a gift.
  • Electronic: means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. See Montana Code 1-5-602
  • Electronic funds transfer: The transfer of money between accounts by consumer electronic systems-such as automated teller machines (ATMs) and electronic payment of bills-rather than by check or cash. (Wire transfers, checks, drafts, and paper instruments do not fall into this category.) Source: OCC
  • Emancipated minor: means an individual under 18 years of age who:

    (a) is or has been married;

    (b) is separated from the individual's parent, parents, or legal guardian and is self-supporting; or

    (c) has been granted the right to consent to medical treatment pursuant to an order of limited emancipation granted by a court pursuant to 41-3-438. See Montana Code 41-1-401

  • emergency service personnel: means a law enforcement officer, firefighter, emergency medical service provider, dispatcher, rescue service provider, or other personnel who provide emergency response services. See Montana Code 39-74-104
  • Emergency services provider: means :

    (a) a uniformed or otherwise identifiable employee of a fire department, hospital, or law enforcement agency when the individual is on duty inside the premises of the fire department, hospital, or law enforcement agency; or

    (b) any law enforcement officer, as defined in 7-32-201, who is in uniform or is otherwise identifiable. See Montana Code 40-6-402

  • Employ: means to suffer or permit to work. See Montana Code 39-3-402
  • Employee: means a person 18 years of age or older who performs labor in this state for an employer in this state for compensation and for whom the employer withholds federal or state tax liabilities from the employee's compensation. See Montana Code 40-5-901
  • Employee: means a person who works for another for hire and includes independent contractors. See Montana Code 39-2-1501
  • Employee: means an individual employed by an employer. See Montana Code 39-3-402
  • Employee leasing arrangement: means an arrangement by contract or otherwise under which a professional employer organization hires its own employees and assigns the employees to work for another person to staff and manage, or to assist in staffing and managing, a facility, function, project, or enterprise on an ongoing basis. See Montana Code 39-8-102
  • employee or worker in this state: means :

    (a) a resident of Montana who is employed by an employer and whose employment duties are primarily carried out or controlled within this state;

    (b) a nonresident of Montana whose principal employment duties are conducted within this state on a regular basis for an employer;

    (c) a nonresident employee of an employer from another state engaged in the construction industry, as defined in 39-71-116, within this state; or

    (d) a nonresident of Montana who does not meet the requirements of subsection (8)(b) and whose employer elects coverage with an insurer that allows an election for an employer whose:

    (i) nonresident employees are hired in Montana;

    (ii) nonresident employees' wages are paid in Montana;

    (iii) nonresident employees are supervised in Montana; and

    (iv) business records are maintained in Montana. See Montana Code 39-71-118

  • Employer: means a person, firm, corporation, association, governmental entity, or labor organization that engages an employee for compensation and withholds federal or state tax liabilities from the employee's compensation. See Montana Code 40-5-901
  • Employer: includes an individual, partnership, association, corporation, business trust, person, or group of persons acting directly or indirectly in the interest of an employer in relation to an employee. See Montana Code 41-2-103
  • Employer: means the state of Montana. See Montana Code 39-2-1002
  • Employer: means a person or entity that has one or more employees or independent contractors. See Montana Code 39-2-1501
  • Employer: includes a payor. See Montana Code 40-5-303
  • Employer: includes a payor. See Montana Code 40-5-403
  • Employing unit: means any individual or organization, including the state government and any of its political subdivisions or instrumentalities or an Indian tribe or tribal unit, partnership, association, trust, estate, joint-stock company, insurance company, limited liability company or limited liability partnership that has filed with the secretary of state, or corporation, whether domestic or foreign, or the receiver, trustee in bankruptcy, trustee or the trustee's successor, or legal representative of a deceased person in whose employ one or more individuals perform or performed services within this state, except as provided under 39-51-204(1)(a) and (1)(j). See Montana Code 39-51-201
  • employment: means an occupation engaged in, permitted, or suffered, with or without compensation in money or other valuable consideration, whether paid to the minor or to some other person, including but not limited to occupations as servant, agent, subagent, or independent contractor. See Montana Code 41-2-103
  • Employment office: means a free public employment office or branch of an office operated by this state or maintained as a part of a state-controlled system of public employment offices or other free public employment offices operated and maintained by the United States government or its instrumentalities as the department may approve. See Montana Code 39-51-201
  • Enrolled bill: The final copy of a bill or joint resolution which has passed both chambers in identical form. It is printed on parchment paper, signed by appropriate officials, and submitted to the President/Governor for signature.
  • Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Ex officio: Literally, by virtue of one's office.
  • Exclusive representative: means the labor organization which has been designated by the board as the exclusive representative of employees in an appropriate unit or has been so recognized by the public employer. See Montana Code 39-31-103
  • Executor: A male person named in a will to carry out the decedent
  • Explosive: as used in this chapter , means any explosive defined in rules adopted by the department of justice pursuant to 50-3-102(3). See Montana Code 45-8-332
  • Extended family member: means a person who is or was the adoptee's parent, grandparent, aunt or uncle, brother or sister, or child. See Montana Code 42-1-103
  • Extradition: The formal process of delivering an accused or convicted person from authorities in one state to authorities in another state.
  • Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
  • Family group decisionmaking 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
  • Family-sustaining wage: means a wage greater than the state's average weekly wage, as defined in 39-71-116, or greater than the current average weekly wage of the county in which the employees are to be principally employed, as provided in 39-11-202. See Montana Code 39-11-302
  • Farm or ranch: means an endeavor primarily engaged in cultivating the soil or in connection with raising or harvesting an agricultural or horticultural commodity, including the raising, shearing, feeding, caring for, training, and management of livestock, bees, and poultry and fur-bearing animals and wildlife. See Montana Code 39-3-402
  • Farm worker: means a person employed to do a service performed on a farm or ranch. See Montana Code 39-3-402
  • Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
  • Felony: A crime carrying a penalty of more than a year in prison.
  • Fiduciary: A trustee, executor, or administrator.
  • Financial institution: means :

    (a) a depository institution, as defined in section 3(c) of the Federal Deposit Insurance Act, 12 U. See Montana Code 40-5-403

  • Financial statements: means accounting information, consisting of balance sheets and income statements, that identifies the financial position of applicants or licensees through their operations. See Montana Code 39-8-102
  • Fingerprints: means the recorded friction ridge skin of the fingers, palms, or soles of the feet. See Montana Code 44-5-103
  • Fire department: means a governmental fire agency organized under Title 7, chapter 33. See Montana Code 40-6-402
  • FirstNet: means a radio access network planned in connection with a first responder network authority's nationwide public safety broadband network for the purpose of supporting public safety voice and data communications. See Montana Code 44-4-1603
  • 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.
  • Fixed Rate: Having a "fixed" rate means that the APR doesn't change based on fluctuations of some external rate (such as the "Prime Rate"). In other words, a fixed rate is a rate that is not a variable rate. A fixed APR can change over time, in several circumstances:
    • You are late making a payment or commit some other default, triggering an increase to a penalty rate
    • The bank changes the terms of your account and you do not reject the change.
    • The rate expires (if the rate was fixed for only a certain period of time).
  • Folio: when used as a measure for computing fees, means 100 words, counting every two letters or numbers necessarily used as a word. See Montana Code 1-1-203
  • Foreign protection order: means a protection order issued by a court of another state. See Montana Code 40-15-402
  • Foreign support order: means a support order entered or last modified by a court or administrative agency of another state, the District of Columbia, the Commonwealth of Puerto Rico, a territory or insular possession subject to the jurisdiction of the United States, an Indian tribe, or a foreign jurisdiction. See Montana Code 40-5-901
  • Fraud: Intentional deception resulting in injury to another.
  • Fund: means the unemployment insurance fund established by this chapter to which all contributions and payments in lieu of contributions must be paid and from which all benefits provided under this chapter must be paid. See Montana Code 39-51-201
  • Fund: means the subsequent injury fund in the proprietary fund category. See Montana Code 39-71-901
  • Fund: means the Montana self-insurers guaranty fund established pursuant to 39-71-2609. See Montana Code 39-71-2603
  • Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
  • Germane: On the subject of the pending bill or other business; a strict standard of relevance.
  • Governmental facility: means any institution, department, agency, bureau, or office operated by the state of Montana and employing more than 25 persons. See Montana Code 39-2-1002
  • Grace period: The number of days you'll have to pay your bill for purchases in full without triggering a finance charge. Source: Federal Reserve
  • Grantor: The person who establishes a trust and places property into it.
  • Gross misconduct: means a criminal act, other than a violation of a motor vehicle traffic law, for which an individual has been convicted in a criminal court or has admitted or conduct that demonstrates a flagrant and wanton disregard of and for the rights, title, or interest of a fellow employee or the employer. See Montana Code 39-51-201
  • Gross negligence: means conduct so reckless as to demonstrate a substantial lack of concern for whether an injury results. See Montana Code 40-6-402
  • group: means at least two but not more than five professional employer organizations, each of which is majority-owned by the same person. See Montana Code 39-8-102
  • 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.
  • Guidelines: means the child support guidelines adopted pursuant to 40-5-209. See Montana Code 40-5-201
  • Health care facility: has the meaning provided in 50-5-101. See Montana Code 41-1-401
  • Health professional: includes only those persons licensed in Montana as physicians, psychiatrists, psychologists, advanced practice registered nurses, dentists, physician assistants, professional counselors, or social workers. See Montana Code 41-1-401
  • 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.
  • High-demand occupation: means an occupation that:

    (a) has a significant presence within target industries;

    (b) is in demand by employers in the state;

    (c) involves trades or professions with identifiable skills; and

    (d) pays or leads to payment of a family-sustaining wage. See Montana Code 39-11-302

  • Home detention: means the use of a youth's home for the purpose of ensuring the continued custody of the youth pending adjudication or final disposition of the youth's case. See Montana Code 41-5-1901
  • Home inspection: means a physical examination of a residential dwelling to identify major defects in various attributes of or attachments to the dwelling, including mechanical, electrical, and plumbing systems in addition to structural and other essential components. See Montana Code 39-9-102
  • Home inspector: means a person who performs a home inspection for compensation. See Montana Code 39-9-102
  • Home state: means the state in which a child lived with a parent or a person acting as parent for at least 6 consecutive months immediately before the commencement of a child custody proceeding. See Montana Code 40-7-103
  • Hospital: has the meaning provided in 50-5-101. See Montana Code 40-6-402
  • Human trafficking: means the commission of an offense under 45-5-702, 45-5-703, 45-5-704, or 45-5-705. See Montana Code 45-5-701
  • Identifiable skill: means the attainment of proficiency in a specific work-related skill that is likely to lead to future job advancement and improvement in the individual's earning potential. See Montana Code 39-11-302
  • Identification document: means a passport, driver's license, immigration document, travel document, or other government-issued identification document, including a document issued by a foreign government. See Montana Code 45-5-701
  • Identifying information: means information that directly reveals or indirectly indicates the identity of a person and includes the person's name or address. See Montana Code 42-1-103
  • Income: means any form of payment to a person, regardless of source, including commissions, bonuses, workers' compensation, disability payments, payments under a pension or retirement program, interest, and earnings and wages. See Montana Code 40-5-403
  • Income: means any form of periodic payment to a person, regardless of source, including commissions, bonuses, workers' compensation, disability benefits, payments under a pension or retirement program, interest and earnings, and wages. See Montana Code 40-5-303
  • Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC
  • Indian child: means any unmarried person who is under 18 years of age and who is either:

    (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 41-3-102

  • Indian custodian: means any Indian person who has legal custody of an Indian child under tribal law or custom or under state law or to whom temporary physical care, custody, and control have been transferred by the child's parent. See Montana Code 41-3-102
  • Indian tribe: means an Indian tribe as defined in the Indian Self-Determination and Education Assistance Act, 25 U. See Montana Code 39-51-201
  • Indian tribe: means any Indian tribe, band, nation, or other organized group or community of Indians recognized by:

    (a) the state of Montana; or

    (b) the United States secretary of the interior as being eligible for the services provided to Indians or because of the group's status as Indians, including any Alaskan native village as defined in federal law. See Montana Code 41-3-102

  • Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
  • 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
  • Initial determination: means the first child custody determination concerning a particular child. See Montana Code 40-7-103
  • Insolvent private self-insurer: means an employer:

    (a) (i) that is unable to pay workers' compensation claims because:

    (A) it has been determined to be insolvent by a court of competent jurisdiction; or

    (B) bankruptcy proceedings have been instituted by or against it; or

    (ii) whose claims are not being paid on its behalf; and

    (b) whose security has been exhausted pursuant to 39-71-2108. See Montana Code 39-71-2603

  • Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. Source: OCC
  • Intestate: Dying without leaving a will.
  • Issuing court: means the court that makes a child custody determination for which enforcement is sought under this chapter. See Montana Code 40-7-103
  • Issuing state: means the state whose court issues a protection order. See Montana Code 40-15-402
  • IV-D agency: means the agency responsible for the provision of services under Title IV-D of the Social Security Act, 42 U. See Montana Code 40-5-403
  • IV-D case: means a case in which the department is providing support enforcement services as a result of:

    (a) an assignment of support rights under 53-2-613;

    (b) a payment of public assistance;

    (c) an application for support enforcement services under 40-5-203; or

    (d) a referral for services from an agency of another state or an Indian tribe under the provisions of the Uniform Reciprocal Enforcement of Support Act, the Revised Uniform Reciprocal Enforcement of Support Act, the Uniform Interstate Family Support Act, or Title IV-D of the Social Security Act. See Montana Code 40-5-701

  • IV-D case: means a case in which the department is providing services under the provisions of Title IV-D of the Social Security Act and the regulations promulgated under that act. See Montana Code 40-5-901
  • Job-readiness assistance: means training or support to overcome individual barriers to finding a job or maintaining a job in the form of:

    (a) skills development provided by an approved training provider, including but not limited to occupational skills development, preparing for an examination or other requirements to document equivalency of completion of a secondary education, literacy advancement, financial stability coaching and services, and credit counseling; and

    (b) support for transportation and child care. See Montana Code 39-11-302

  • Joint committee: Committees including membership from both houses of teh legislature. Joint committees are usually established with narrow jurisdictions and normally lack authority to report legislation.
  • Joint meeting: An occasion, often ceremonial, when the House and Senate each adopt a unanimous consent agreement
  • Juror: A person who is on the jury.
  • Labor or services: means activity having economic value. See Montana Code 45-5-701
  • Labor organization: means a labor union, union local, union affiliate, or union hiring hall. See Montana Code 40-5-901
  • Labor organization: means any organization or association of any kind in which employees participate and which exists for the primary purpose of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours of employment, fringe benefits, or other conditions of employment. See Montana Code 39-31-103
  • Law enforcement agency: means a police department, a sheriff's office, a detention center as defined in 7-32-2241, or a correctional institution as defined in 45-2-101. See Montana Code 40-6-402
  • Law enforcement agency: means the county sheriff's office or another law enforcement agency designated by the county sheriff's office that is charged with enforcing the sobriety program. See Montana Code 44-4-1202
  • Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Legacy: A gift of property made by will.
  • Legal tender: coins, dollar bills, or other currency issued by a government as official money. Source: U.S. Mint
  • Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto).
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • License: means a license, certificate, registration, permit, or any other authorization issued by an agency of the state of Montana granting a person a right or privilege to engage in a business, occupation, profession, conservation activity, or any other privilege that is subject to suspension, revocation, forfeiture, termination, or a declaration of ineligibility to purchase by the licensing authority prior to its date of expiration. See Montana Code 40-5-701
  • Licensed and practicing health care provider: means a health care provider who is primarily responsible for the treatment of a person seeking unemployment insurance benefits and who is:

    (a) licensed to practice in this state as:

    (i) a physician under Title 37, chapter 3;

    (ii) a dentist under Title 37, chapter 4;

    (iii) an advanced practice registered nurse under Title 37, chapter 8, and recognized as a nurse practitioner or certified nurse specialist by the board of nursing, established in 2-15-1734;

    (iv) a physical therapist under Title 37, chapter 11;

    (v) a chiropractor under Title 37, chapter 12;

    (vi) a clinical psychologist under Title 37, chapter 17; or

    (vii) a physician assistant under Title 37, chapter 20; or

    (b) with respect to a person seeking unemployment insurance benefits who resides outside of this state, a health care provider licensed or certified as a member of one of the professions listed in subsection (18)(a) in the jurisdiction where the person seeking the benefit lives. See Montana Code 39-51-201

  • Licensee: means a person licensed as a professional employer organization or group under this chapter. See Montana Code 39-8-102
  • Licensing authority: means any department, division, board, agency, or instrumentality of this state that issues a license. See Montana Code 40-5-701
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • 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
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • livestock: includes ostriches, rheas, and emus. See Montana Code 39-3-402
  • Local government: means a county, consolidated city-county, city, town, township, school district, or other district or local public entity with the authority to spend or receive public funds. See Montana Code 39-2-1501
  • Management official: means a representative of management having authority to act for the agency on any matters relating to the implementation of agency policy. See Montana Code 39-31-103
  • Member: means an employer bound by compensation plan No. See Montana Code 39-71-2603
  • Microchip: means technology that:

    (a) is designed to be surgically implanted in the body of an individual; and

    (b) contains a unique identification number and personal information that can be noninvasively retrieved or transmitted with an external scanning device. See Montana Code 39-2-1501

  • Minor: means an individual under 18 years of age, except for an individual who:

    (a) has received a high school diploma or a high school equivalency diploma; or

    (b) is 16 years of age or older and is enrolled in a registered state or federal apprenticeship program. See Montana Code 41-2-103

  • 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
  • Misconduct: includes but is not limited to the following conduct by an employee:

    (i) willful or wanton disregard of the rights, title, and interests of a fellow employee or the employer, including:

    (A) insubordination showing a deliberate, willful, or purposeful refusal to follow the reasonable directions, processes, or instructions of the employer;

    (B) repeated inexcusable tardiness following warnings by the employer;

    (C) dishonesty related to employment, including but not limited to deliberate falsification of company records, theft, deliberate deception, or lying;

    (D) false statements made as part of a job application process, including but not limited to deliberate falsification of the individual's criminal history, work record, or educational or licensure achievements;

    (E) repeated and inexcusable absences, including absences for which the employee was able to give advance notice and failed to do so;

    (F) deliberate acts that are illegal, provoke violence or violation of the law, or violate a collective bargaining agreement by which the employee is covered. See Montana Code 39-51-201

  • Missing child: means any person who has been reported as missing to a law enforcement authority and:

    (i) who is under 21 years of age;

    (ii) whose temporary or permanent residence is in Montana or is believed to be in Montana; and

    (iii) whose location has not been determined. See Montana Code 44-2-502

  • Missing child report: means a report prepared on a form designed by the department of justice for use by private citizens and law enforcement authorities to report information about missing children to the missing children information program provided for in 44-2-503. See Montana Code 44-2-502
  • Modification: means a child custody determination that changes, replaces, supersedes, or is otherwise made after a previous determination concerning the same child, whether or not it is made by the court that made the previous determination. See Montana Code 40-7-103
  • Montana EARN program: means the Montana employment advancement right now program. See Montana Code 39-11-302
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Municipality: means any incorporated city or town. See Montana Code 7-2-4704
  • Mutual foreign protection order: means a foreign protection order that includes provisions in favor of both the protected individual seeking enforcement of the order and the respondent. See Montana Code 40-15-402
  • Need: means the necessary costs of food, clothing, shelter, and medical care for the support of a child or children. See Montana Code 40-5-201
  • Newborn: means an infant who a physician reasonably believes to be no more than 30 days old. See Montana Code 40-6-402
  • Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
  • Nonidentifying information: means information that does not directly reveal or indirectly indicate the identity of a person, including:

    (a) medical information and information related to general physical characteristics;

    (b) family information, including marital status and the existence of siblings;

    (c) religious affiliation;

    (d) educational background information that does not reveal specific programs or institutions attended;

    (e) general occupation;

    (f) hobbies; and

    (g) photographs provided by any of the parties involved that were specifically intended to be provided to another party. See Montana Code 42-1-103

  • Notarial act: means an act, whether performed with respect to a tangible or electronic record, that a notarial officer may perform under the law of this state. See Montana Code 1-5-602
  • Notarial officer: means a notary public or other individual authorized to perform notarial acts. See Montana Code 1-5-602
  • notary: means an individual commissioned to perform a notarial act by the secretary of state. See Montana Code 1-5-602
  • Oath or affirmation: means a solemn verbal promise by which a person knowingly and willingly attests to the truthfulness of a statement and that is administered by a notarial officer. See Montana Code 1-5-602
  • Obligee: means either a person to whom a duty of support is owed or a public agency of this or another state or an Indian tribe to which a person has assigned the right to receive current and accrued support payments. See Montana Code 40-5-403
  • Obligee: means :

    (a) a person to whom a support debt or support obligation is owed; or

    (b) a public agency of this or another state or an Indian tribe that has the right to receive current or accrued support payments or that is providing support enforcement services under this chapter. See Montana Code 40-5-701

  • Obligee: means the payee under a support order or a person or agency entitled to receive support payments. See Montana Code 40-5-901
  • Obligee: means :

    (a) a person to whom a duty of support is owed and who is receiving support enforcement services under this part; or

    (b) a public agency of this or another state or an Indian tribe having the right to receive current or accrued support payments. See Montana Code 40-5-201

  • Obligor: means a person who owes a duty to make payments under a support order. See Montana Code 40-5-403
  • Obligor: means a person who owes a duty of support or who is subject to a subpoena or warrant in a paternity or child support proceeding. See Montana Code 40-5-701
  • Obligor: means a person who is obligated to pay support under a support order. See Montana Code 40-5-901
  • Obligor: means a person, including an alleged father, who owes a duty of support. See Montana Code 40-5-201
  • Occupation: means :

    (a) an occupation, service, trade, business, or industry in which employees are employed;

    (b) any branch or group of industries in which employees are employed; or

    (c) any employment or class of employment in which employees are employed. See Montana Code 41-2-103

  • Occupation: means an occupation, service, trade, business, industry, or branch or group of industries or employment or class of employment in which employees are gainfully employed. See Montana Code 39-3-402
  • Official record: means a record or copy of a record attested by the officer or the officer's deputy with legal custody of the record that is accompanied by a certificate that the officer has custody of the record. See Montana Code 1-5-602
  • Official stamp: means a physical image affixed to or embossed on a tangible record or an electronic image attached to or logically associated with an electronic record. See Montana Code 1-5-602
  • Oral argument: An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions.
  • Order suspending a license: means an order issued by a support enforcement entity to suspend a license. See Montana Code 40-5-701
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Parent: means the birth or adoptive mother or the birth, adoptive, or legal father whose parental rights have not been terminated. See Montana Code 42-1-103
  • Parent: means a biological or adoptive parent or stepparent. See Montana Code 41-3-102
  • Parent: means the natural or adoptive parent of a child. See Montana Code 40-5-201
  • Parent and child relationship: means the legal relationship existing between a child and the child's natural or adoptive parents incident to which the law confers or imposes rights, privileges, duties, and obligations. See Montana Code 40-6-102
  • 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
  • Paternity genetic test: means a test that demonstrates through examination of genetic markers either that an alleged father is not the natural father of a child or that there is a probability that an alleged father is the natural father of a child. See Montana Code 40-5-201
  • Paternity test: means a test that demonstrates through examination of genetic markers either that an alleged father is not the natural father of a child or that there is a probability that an alleged father is the natural father of a child. See Montana Code 40-6-102
  • Pattern of criminal street gang activity: has the meaning provided in 45-8-405. See Montana Code 45-8-402
  • Payment plan: includes but is not limited to a plan approved by the support enforcement entity that provides sufficient security to ensure compliance with a support order and that incorporates voluntary or involuntary income withholding under part 3 or 4 of this chapter or a similar plan for periodic payment of a support debt and, if applicable, current and future support. See Montana Code 40-5-701
  • Payor: means any payor of income to an obligor and includes any person, firm, corporation, association, employer, trustee, political subdivision, state agency, or any agent thereof who is subject to the jurisdiction of the courts of this state under Rule 4(b) of the Montana Rules of Civil Procedure or any employer under the Uniform Interstate Family Support Act contained in part 10 of this chapter. See Montana Code 40-5-403
  • Payor: means :

    (a) an employer or person engaged in a trade or business in this state who engages an employee for compensation; or

    (b) when used in context with income withholding, means a person, firm, corporation, association, employer, trustee, political subdivision, state agency, or agent paying income to an obligor on a periodic basis. See Montana Code 40-5-901

  • Payor: means any entity that pays income to an obligor on a periodic basis and includes any person, firm, corporation, association, employer, trustee, political subdivision, or state agency or an agent of any one of them, subject to the jurisdiction of the courts of this state under Rule 4(b) of the Montana Rules of Civil Procedure. See Montana Code 40-5-303
  • 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: means an individual, corporation, business trust, statutory trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity. See Montana Code 1-5-602
  • Person: means an individual, association, company, firm, partnership, corporation, or limited liability company. See Montana Code 39-8-102
  • Person: includes one or more individuals, labor organizations, public employees, associations, corporations, legal representatives, trustees, trustees in bankruptcy, or receivers. See Montana Code 39-31-103
  • Person: includes a government, a governmental subdivision, an agency, an instrumentality, or any other legal or commercial entity. See Montana Code 40-7-103
  • Person acting as a parent: means a person, other than a parent, who:

    (a) has physical custody of the child or has had physical custody for a period of 6 consecutive months, including any temporary absence, within 1 year immediately before the commencement of a child custody proceeding; and

    (b) has been awarded legal custody by a court or claims a right to legal custody under the law of this state. See Montana Code 40-7-103

  • Person with a disability: means a person who has a medically certifiable permanent impairment that is a substantial obstacle to obtaining employment or to obtaining reemployment if the person should become unemployed, considering such factors as the person's age, education, training, experience, and employment rejection. See Montana Code 39-71-901
  • Personal property: means money, goods, chattels, things in action, and evidences of debt. See Montana Code 1-1-205
  • 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 custody: means the physical care and supervision of a child. See Montana Code 40-7-103
  • Physical neglect: means either 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, or failure to provide cleanliness and general supervision, or both, or exposing or allowing the child to be exposed to an unreasonable physical or psychological risk to the child. 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:

    (i) inflicts or allows to be inflicted upon the child physical abuse, physical neglect, or psychological abuse or neglect;

    (ii) commits or allows sexual abuse or exploitation of the child;

    (iii) induces or attempts to induce a child to give untrue testimony that the child or another child was abused or neglected by a parent or other person responsible for the child's welfare;

    (iv) causes malnutrition or a failure to thrive or otherwise fails to supply the child with adequate food or fails to supply clothing, shelter, education, or adequate health care, though financially able to do so or offered financial or other reasonable means to do so;

    (v) exposes or allows the child to be exposed to an unreasonable risk to the child's health or welfare by failing to intervene or eliminate the risk; or

    (vi) abandons the child. See Montana Code 41-3-102

  • Placing parent: means a parent who is voluntarily making a child available for adoption. See Montana Code 42-1-103
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Plan: means a county plan for providing youth detention services as required in 41-5-1903. See Montana Code 41-5-1901
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • Plea agreement: An arrangement between the prosecutor, the defense attorney, and the defendant in which the defendant agrees to plead guilty in exchange for special considerations. Source:
  • 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.
  • Political subdivision: means a local government unit including but not limited to a county, city, or town established under authority of Article XI, section 1, of The Constitution of the State of Montana or a school district. See Montana Code 2-16-602
  • Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
  • Preplacement evaluation: means the home study process conducted by the department or a licensed child-placing agency that:

    (a) assists a prospective adoptive parent or family to assess its own readiness to adopt; and

    (b) assesses whether the prospective adoptive parent or family and home meet applicable standards. See Montana Code 42-1-103

  • Presentence report: A report prepared by a court's probation officer, after a person has been convicted of an offense, summarizing for the court the background information needed to determine the appropriate sentence. Source: U.S. Courts
  • Private law: A private bill enacted into law. Private laws have restricted applicability, often addressing immigration and naturalization issues affecting individuals.
  • Private self-insurer: means a private employer bound by compensation plan No. See Montana Code 39-71-2603
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Probate: Proving a will
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Probation officers: Screen applicants for pretrial release and monitor convicted offenders released under court supervision.
  • Professional employer arrangement: means an arrangement by contract or otherwise under which:

    (i) a professional employer organization or group assigns employees to perform services for a client;

    (ii) the arrangement is or is intended to be ongoing rather than temporary in nature; and

    (iii) the employer responsibilities are shared by the professional employer organization or group and the client. See Montana Code 39-8-102

  • Professional employer organization: means :

    (i) a person that provides services of employees pursuant to one or more professional employer arrangements or to one or more employee leasing arrangements; or

    (ii) a person that represents to the public that the person provides services pursuant to a professional employer arrangement. See Montana Code 39-8-102

  • program: means the 24/7 sobriety and drug monitoring program established in 44-4-1203, which authorizes a court or an agency as defined in 2-15-102, as a condition of bond, sentence, probation, parole, or work permit, to:

    (i) require an individual who has been charged with or convicted of a crime in which the abuse of alcohol or dangerous drugs was a contributing factor in the commission of the crime, including but not limited to a second or subsequent offense of driving under the influence of alcohol or dangerous drugs, to abstain from alcohol or dangerous drugs for a period of time; and

    (ii) require the individual to be subject to testing to determine the presence of alcohol or dangerous drugs. See Montana Code 44-4-1202

  • Protected individual: means an individual protected by a protection order. See Montana Code 40-15-402
  • Protection order: means an injunction or other order issued by a court under the domestic violence, family violence, sexual assault, or stalking laws of the issuing state to prevent an individual from engaging in violent or threatening acts against, harassment of, contact or communication with, or physical proximity to another individual. See Montana Code 40-15-402
  • 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 are injurious to the child's emotional, intellectual, or psychological capacity to function, including the commission of acts of violence against another person residing in the child's home. See Montana Code 41-3-102
  • Public assistance: means any type of monetary or other assistance for a child, including medical and foster care benefits. See Montana Code 40-5-201
  • Public criminal justice information: means :

    (a) information made public by law;

    (b) information of court records and proceedings;

    (c) information of convictions, deferred sentences, and deferred prosecutions;

    (d) information of postconviction proceedings and status;

    (e) information originated by a criminal justice agency, including:

    (i) initial offense reports;

    (ii) initial arrest records;

    (iii) bail records; and

    (iv) daily jail occupancy rosters;

    (f) information considered necessary by a criminal justice agency to secure public assistance in the apprehension of a suspect; or

    (g) statistical information. See Montana Code 44-5-103

  • Public defender: Represent defendants who can't afford an attorney in criminal matters.
  • Public employee: means :

    (i) except as provided in subsection (9)(b), a person employed by a public employer in any capacity; and

    (ii) an individual whose work has ceased as a consequence of or in connection with any unfair labor practice or concerted employee action. See Montana Code 39-31-103

  • Public employer: means the state of Montana or any political subdivision thereof, including but not limited to any town, city, county, district, school board, board of regents, public and quasi-public corporation, housing authority or other authority established by law, and any representative or agent designated by the public employer to act in its interest in dealing with public employees. See Montana Code 39-31-103
  • Public safety communications system: means a system used primarily by public safety agencies for transmitting and receiving voice, data, or both voice and data communications. See Montana Code 44-4-1603
  • Quorum: The number of legislators that must be present to do business.
  • Real property: means lands, tenements, hereditaments, and possessory title to public lands. See Montana Code 1-1-205
  • 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
  • Recess: A temporary interruption of the legislative business.
  • Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See Montana Code 1-5-602
  • Records: means all documents, exhibits, and data pertaining to an adoption. See Montana Code 42-1-103
  • Rehabilitation benefits: means benefits provided in 39-71-1006 and 39-71-1025. See Montana Code 39-71-1011
  • Rehabilitation plan: means a written individualized plan that assists a disabled worker in acquiring skills or aptitudes to return to work through job placement, on-the-job training, education, training, or specialized job modification and that reasonably reduces the worker's actual wage loss. See Montana Code 39-71-1011
  • Rehabilitation provider: means a rehabilitation counselor certified by the commission on rehabilitation counselor certification and designated by the insurer. See Montana Code 39-71-1011
  • Rehabilitation services: means a program of evaluation, planning, and implementation of a rehabilitation plan to assist a disabled worker to return to work. See Montana Code 39-71-1011
  • Rehire: means the first day, following a termination of employment, that an employee begins to again perform work or provide services for a payor. See Montana Code 40-5-901
  • Relinquishment: means the informed and voluntary release in writing of all parental rights with respect to a child by a parent to an agency or individual. See Montana Code 42-1-103
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Remand: When an appellate court sends a case back to a lower court for further proceedings.
  • 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).
  • Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
  • 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
  • Respondent: means the individual against whom enforcement of a protection order is sought. See Montana Code 40-15-402
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Retrenchment: means reducing the number of employees at the governmental facility by at least 250 employees over any 2-year period, provided that a reduction in the number of employees by attrition is not retrenchment. See Montana Code 39-2-1002
  • Safety and risk assessment: means an evaluation by a social worker 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

  • safety consultation services: means assistance rendered by an insurer or the department to advise and aid an employer in the identification, evaluation, and control of existing and potential accidental and occupational health problems. See Montana Code 39-71-1503
  • Secure detention: means the detention of youth in a physically restricting facility designed to prevent a youth from departing at will. See Montana Code 41-5-1901
  • Serious harm: means physical or nonphysical harm, including psychological, economic, or reputational harm to a person that would compel a reasonable person of the same background and in the same circumstances to perform or continue to perform labor or services or sexual activity to avoid incurring the harm. See Montana Code 45-5-701
  • 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
  • Sexual activity: means any sex act or simulated sex act intended to arouse or gratify the sexual desire of any person. See Montana Code 45-5-701
  • Sexual exploitation: means :

    (a) allowing, permitting, or encouraging a child to engage in a prostitution offense, as described in 45-5-601 through 45-5-603;

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

    (c) allowing, permitting, or encouraging sexual servitude as described in 45-5-704 or 45-5-705. See Montana Code 41-3-102

  • Sexually explicit performance: means a live, public, private, photographed, recorded, or videotaped act or simulated act intended to arouse or gratify the sexual desire of any person. See Montana Code 45-5-701
  • Signature: means a tangible symbol or an electronic signature that evidences the signing of a record. See Montana Code 1-5-602
  • Social worker: means an employee of the department who, before the employee's field assignment, has been educated or trained in a program of social work or a related field that includes cognitive and family systems treatment or who has equivalent verified experience or verified training in the investigation of child abuse, neglect, and endangerment. See Montana Code 41-3-102
  • State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. See Montana Code 40-15-402
  • State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. See Montana Code 1-5-602
  • State: includes , in addition to the states of the United States of America, the District of Columbia, Puerto Rico, the Virgin Islands, and Canada. See Montana Code 39-51-201
  • State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. See Montana Code 40-7-103
  • State agency: means a department, board, commission, office, bureau, or other public authority of state government. See Montana Code 39-2-1501
  • State-district: means a public service commission district, a legislative representative or senatorial district, or a judicial district. See Montana Code 2-16-602
  • Statistical information: means data derived from records in which individuals are not identified or identification is deleted and from which neither individual identity nor any other unique characteristic that could identify an individual is ascertainable. See Montana Code 44-5-103
  • Strategic industry partnership: means a collaboration that brings together a regional group as described in 39-11-304 of participants involved in planning and implementing the program objectives listed in 39-11-303. See Montana Code 39-11-302
  • Subpoena: means a writ or order issued by a court or the department in a proceeding or as part of an investigation related to the paternity or support of a child that commands a person to appear at a particular place and time to testify or produce documents or things under the person's control. See Montana Code 40-5-701
  • Subpoena duces tecum: A command to a witness to produce documents.
  • Summons: Another word for subpoena used by the criminal justice system.
  • Supervisory employee: means an individual having the authority on a regular, recurring basis while acting in the interest of the employer to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline other employees or to effectively recommend the above actions if, in connection with the foregoing, the exercise of the authority is not of a merely routine or clerical nature but requires the use of independent judgment. See Montana Code 39-31-103
  • Support enforcement entity: means :

    (a) in IV-D cases, the department; or

    (b) in all other cases, the district court that entered the support order or a district court in which the support order is registered. See Montana Code 40-5-701

  • support obligation: means the amount created by the failure to provide or pay:

    (a) support to a child under the laws of this or any other state or under a support order;

    (b) court-ordered spousal maintenance or other court-ordered support for the child's custodial parent;

    (c) fines, fees, penalties, interest, and other funds and costs that the support enforcement entity is authorized to collect by the use of any procedure available to the entity for the payment, enforcement, and collection of child support or spousal maintenance or support; or

    (d) contributions ordered pursuant to 41-5-1525. See Montana Code 40-5-701

  • support obligation: means the amount created by:

    (a) the failure to provide for the medical, health, and support needs of a child under the laws of this or any other state or under a support order;

    (b) a support order for spousal maintenance of the custodial parent; or

    (c) fines, fees, penalties, interest, and other funds and costs that the department is authorized under this chapter to collect by the use of any procedure available for the payment, enforcement, and collection of child support or spousal maintenance or support. See Montana Code 40-5-201

  • Support order: means an order that provides a determinable amount for temporary or final periodic payment of a support debt or support obligation and that may include payment of a determinable or indeterminable amount for insurance covering the child issued by:

    (i) a district court of this state;

    (ii) a court of appropriate jurisdiction of another state, an Indian tribe, or a foreign country;

    (iii) an administrative agency pursuant to proceedings under Title 40, chapter 5, part 2; or

    (iv) an administrative agency of another state or an Indian tribe with a hearing function and process similar to those of the department. See Montana Code 40-5-701

  • Support order: means a judgment, decree, or order, whether temporary or final, that:

    (a) is for the benefit of a child or a state agency;

    (b) provides for monetary support, health care, arrearages, or reimbursement;

    (c) may include related costs and fees, interest, and similar other relief; and

    (d) may include an order for maintenance or other support to be paid to a child's custodial parent. See Montana Code 40-5-901

  • support order: means an order, whether temporary or final, that provides for the periodic payment of an amount of money expressed in dollars for the support of a child, including medical and health needs, child care, education, recreation, clothing, transportation, and other related expenses and costs specific to the needs of the child. See Montana Code 40-6-102
  • Support order: means an order, whether temporary or final, that:

    (a) provides for the payment of a specific amount of money, expressed in periodic increments or as a lump-sum amount, for the support of the child, including an amount expressed in dollars for medical and health needs, child care, education, recreation, clothing, transportation, and other related expenses and costs specific to the needs of the child;

    (b) is issued by:

    (i) a district court of this state;

    (ii) a court of appropriate jurisdiction of another state, Indian tribe, or foreign country;

    (iii) an administrative agency pursuant to proceedings under this part; or

    (iv) an administrative agency of another state, Indian tribe, or foreign country with a hearing function and process similar to those of the department under this part; and

    (c) when the context requires, includes:

    (i) judgments and orders providing periodic payments for the maintenance or support of the custodial parent of a child receiving services under this chapter; and

    (ii) amounts for the recovery of fines, fees, penalties, interest, and other funds and costs that the department is authorized under this chapter to collect by the use of any procedure available for the payment, enforcement, and collection of child support or spousal maintenance or support. See Montana Code 40-5-201

  • Support order: has the meaning provided in 40-5-201. See Montana Code 40-5-403
  • Surrender: means to leave a newborn with an emergency services provider without expressing an intent to return for the newborn. See Montana Code 40-6-402
  • Suspension: includes the withdrawal, withholding, revocation, forfeiture, or nonissuance of a license and license privileges. See Montana Code 40-5-701
  • Target industry: means a group of employers closely linked by a common product or service, workforce skills, similar technologies, supply chains, or other economic ties. See Montana Code 39-11-302
  • Target population: means more than one individual identified by a strategic industry partnership as being able to benefit from job-readiness assistance and obtain identifiable skills important for a high-demand occupation. See Montana Code 39-11-302
  • Taxes: means contributions and assessments required under this chapter but does not include penalties or interest for past-due or unpaid contributions or assessments. See Montana Code 39-51-201
  • team member: means an individual specially trained to provide critical incident stress management and response services as a member of an organized team or emergency services provider agency. See Montana Code 39-74-104
  • Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
  • Temporary service contractor: means a person conducting a business that hires the person's own employees and assigns them to clients to fulfill a work assignment with a finite ending date to support or supplement the client's workforce in situations resulting from employee absences, skill shortages, seasonal workloads, and special assignments and projects. See Montana Code 39-8-102
  • 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.
  • Testing: means a procedure for determining the presence and level of alcohol or a dangerous drug in an individual's breath or body fluid, including blood, urine, saliva, or perspiration, and includes any combination of the use of in person or remote breath testing, drug patch testing, urinalysis testing, saliva testing, or continuous remote transdermal alcohol monitoring. See Montana Code 44-4-1202
  • 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
  • Tribal unit: means an Indian tribe and any tribal subdivision or subsidiary or any business enterprise that is wholly owned by that tribe. See Montana Code 39-51-201
  • Tribe: means an Indian tribe or band or Alaskan Native village that is recognized by federal law or formally acknowledged by a state. See Montana Code 40-7-103
  • Unfair labor practice: means any unfair labor practice listed in 39-31-401 or 39-31-402. See Montana Code 39-31-103
  • Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. Source: OCC
  • Usage: means a reasonable and lawful public custom concerning transactions of the same nature as those which are to be affected thereby, existing at the place where the obligation is to be performed, and either known to the parties or so well established, general, and uniform that the parties must be presumed to have acted with reference thereto. See Montana Code 1-1-206
  • User fees: Fees charged to users of goods or services provided by the government. In levying or authorizing these fees, the legislature determines whether the revenue should go into the treasury or should be available to the agency providing the goods or services.
  • Usual: means according to usage. See Montana Code 1-1-206
  • Venue: The geographical location in which a case is tried.
  • Verdict: The decision of a petit jury or a judge.
  • Vessel: when used in reference to shipping, includes ships of all kinds, steamboats and steamships, canal boats, and every structure adapted to be navigated from place to place. See Montana Code 1-1-207
  • Violent offense: has the meaning contained in 46-23-502. See Montana Code 44-6-101
  • volunteer: means a person who performs services on behalf of an employer, as defined in 39-71-117, but who does not receive wages as defined in 39-71-123. See Montana Code 39-71-118
  • volunteer emergency care provider: means a person who is licensed by the board of medical examiners as provided in Title 50, chapter 6, part 2, and who serves the public through an ambulance service not otherwise covered by subsection (1)(g) or a paid or volunteer nontransporting medical unit, as defined in 50-6-302, in service to a town, city, or county. See Montana Code 39-71-118
  • volunteer hours: means the time spent by a volunteer emergency care provider in the service of an employer or as a volunteer for a town, city, or county, including but not limited to training time, response time, and time spent at the employer's premises. See Montana Code 39-71-118
  • wage: includes the reasonable cost to the employer of furnishing the employee with lodging or any other facility if the lodging or other facility is customarily furnished by the employer to employees. See Montana Code 39-3-402
  • Warrant: means a bench warrant, a warrant to appear, an order to show cause, or any other order issued by a court relating to the appearance of a party in a paternity or child support proceeding. See Montana Code 40-5-701
  • Warrant: means an order issued by a court authorizing law enforcement officers to take physical custody of a child. See Montana Code 40-7-103
  • Week: means a period of 7 consecutive calendar days ending at midnight on Saturday. See Montana Code 39-51-201
  • Weekly benefit amount: means the amount of benefits that an individual would be entitled to receive for 1 week of total unemployment. See Montana Code 39-51-201
  • 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
  • worker: means :

    (a) each person in this state, including a contractor other than an independent contractor, who is in the service of an employer, as defined by 39-71-117, under any appointment or contract of hire, expressed or implied, oral or written. See Montana Code 39-71-118

  • Worker: has the meaning as provided in 39-71-118. See Montana Code 39-71-4003
  • Writ of certiorari: An order issued by the Supreme Court directing the lower court to transmit records for a case for which it will hear on appeal.
  • 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