Montana Code Annotated
Part 4. Abuse or Neglect Proceedings
41-3-441. Review of necessity of nonyouth foster home placement

41-3-441. Review of necessity of nonyouth foster home placement. (1) Within 60 days of placement of a child in a therapeutic group home, the court shall:
(a) conduct a hearing to:
(i) review the therapeutic needs assessment of the child;
(ii) consider whether the needs of the child can be met through placement in a youth foster home;
(iii) consider whether placement of the child in a therapeutic group home provides the most effective and appropriate level of care for the child in the least restrictive environment; and
(iv) consider whether placement of the child in a therapeutic group home is consistent with the short-term and long-term goals for the child as specified in the child's permanency plan; and
(b) issue a written order stating the reasons for the court's decision to approve or disapprove the continued placement of the child in a therapeutic group home. The order must be included in and made part of the child's case plan.
(2) If the child remains placed in a therapeutic group home, the following evidence must be submitted at each status review or permanency hearing held concerning the child:
(a) the ongoing assessment of the strengths and needs of the child that continues to support the determination that the needs of the child cannot be met through placement in a youth foster home;
(b) that the child's placement in a therapeutic group home provides the most effective and appropriate level of care for the child in the least restrictive environment;
(c) that the placement is consistent with the short-term and long-term goals for the child as specified in the child's permanency plan;
(d) documentation of the specific treatment or service needs that will be met for the child in the placement and the length of time the child is expected to need the treatment or services; and
(e) documentation of the efforts made by the department to prepare the child to return home, to be placed with a fit and willing relative, legal guardian, or adoptive parent, or to be placed in a youth foster home.
History: En. Sec. 1, Ch. 202, L. 2021.

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