41-3-113. Appeals. (1) Appeals of court orders or decrees made under this part must be given precedence on the calendar of the supreme court over all other matters, unless otherwise provided by law.
(2) An appeal does not stay the order or decree appealed from and does not divest the presiding district court judge of jurisdiction to take steps that are necessary, in the best interests of the child, and in order to protect the health and safety of the child. The supreme court may order a stay upon application and hearing if suitable provision is made for the care and custody of the child.
(3) If the appeal results in the reversal of the order appealed, the legal status of the child reverts to the child's legal status before the entry of the order that was appealed. The child's prior legal status remains in effect until further order of the district court unless the supreme court orders otherwise.
History: En. Sec. 3, Ch. 463, L. 1987; Sec. 41-3-409, MCA 1999; redes. 41-3-113 by Sec. 17(3)(a), Ch. 281, L. 2001; amd. Sec. 4, Ch. 504, L. 2003.
Structure Montana Code Annotated
Chapter 3. Child Abuse and Neglect
41-3-101. Declaration of policy
41-3-103. Jurisdiction and venue
41-3-104. Renumbered 41-3-1122
41-3-105. Renumbered 41-3-1125
41-3-106. Prosecution of offenders
41-3-107. Interagency cooperation
41-3-108. Child protective teams
41-3-109. Proceedings subject to Indian Child Welfare Act
41-3-110. Audio or video testimony allowed
41-3-112. Appointment of court-appointed special advocate -- guardian ad litem
41-3-115. Foster care review committee -- foster care reviews -- permanency hearings
41-3-116. and 41-3-117 reserved
41-3-119. Foster parent counseling services
41-3-120. Liability insurance for foster parents
41-3-124. through 41-3-126 reserved
41-3-127. Certification required for use of title -- exceptions
41-3-128. Certificate requirements -- supervision -- fees
41-3-129. Certificate renewal -- continuing education
41-3-130. Implementation of certification requirement for child protection specialists