Montana § 41-3-607 - Petition For Termination -- Separate Hearing -- No Jury Trial

§ 41-3-607. Petition For Termination -- Separate Hearing -- No Jury Trial

Petition for termination -- separate hearing -- no jury trial. (1) Except as provided in Title 40, chapter 6, part 10, the termination of a parent-child legal relationship may be considered only after the filing of a petition pursuant to 41-3-422 alleging the factual grounds for termination pursuant to 41-3-609 . (2) If termination of a parent-child legal relationship is ordered, the court may: (a) transfer permanent legal custody of the child, with the right to consent to the child's adoption, to: (i) the department; (ii) a licensed child-placing agency; or (iii) another individual who has been approved by the department and has received consent for the transfer of custody from the department or agency that has custody of the child; or (b) transfer permanent legal custody of the child to the department with the right to petition for appointment of a guardian pursuant to 41-3-444 . (3) If the court does not order termination of the parent-child legal relationship, the child's prior legal status remains in effect until further order of the court. (4) A guardian ad litem must be appointed to represent the child's best interests in any hearing determining the involuntary termination of the parent-child legal relationship. The guardian ad litem shall continue to represent the child until the child is returned home or placed in an appropriate permanent placement. If a respondent parent is a minor, a guardian ad litem must be appointed to serve the minor parent in addition to any appointed or assigned counsel requested by the minor parent. (5) There is no right to a jury trial at proceedings held to consider the termination of a parent-child legal relationship.