41-3-424. Dismissal. Unless the petition has been previously dismissed, the court shall dismiss an abuse and neglect petition on the motion of a party, or on its own motion, in any case in which all of the following criteria are met:
(1) a child who has been placed in foster care is reunited with the child's parents and returned home;
(2) the child remains in the home for a minimum of 6 months with no additional confirmed reports of child abuse or neglect; and
(3) the department determines and informs the court that the issues that led to department intervention have been resolved and that no reason exists for further department intervention or monitoring.
History: En. Sec. 6, Ch. 555, L. 2003.
Structure Montana Code Annotated
Chapter 3. Child Abuse and Neglect
Part 4. Abuse or Neglect Proceedings
41-3-405. Combined with 41-5-805 , renumbered 41-3-1123
41-3-407. Combined with 41-5-806 , renumbered 41-3-1124
41-3-414. through 41-3-419 reserved
41-3-422. Abuse and neglect petitions -- burden of proof
41-3-427. Petition for immediate protection and emergency protective services -- order -- service
41-3-428. Service of process -- service by publication -- effect
41-3-429. Service by publication -- summons -- form
41-3-430. Putative fathers -- service by publication -- continuation of proceedings
41-3-432. Show cause hearing -- order
41-3-433. Temporary investigative authority
41-3-435. and 41-3-436 reserved
41-3-437. Adjudication -- temporary disposition -- findings -- order
41-3-438. Disposition -- hearing -- order
41-3-439. Department to give placement priority to extended family member of abandoned child
41-3-440. Limitation on placement
41-3-441. Review of necessity of nonyouth foster home placement
41-3-442. Temporary legal custody
41-3-443. Treatment plan -- contents -- changes
41-3-444. Abuse and neglect proceedings -- appointment of guardian -- financial subsidies
41-3-446. Contributions by parents or guardians for youth's care