{"data":{"id":"us-mt/41-3-607","jurisdiction":"us-mt","citation":"41-3-607","heading":"Petition for termination -- separate hearing -- no jury trial.","body":"(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.\n(2) If termination of a parent-child legal relationship is ordered, the court may:\n(a) transfer permanent legal custody of the child, with the right to consent to the child's adoption, to:\n(i) the department;\n(ii) a licensed child-placing agency; or\n(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\n(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.\n(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.\n(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.\n(5) There is no right to a jury trial at proceedings held to consider the termination of a parent-child legal relationship.","path":["TITLE 41. MINORS","CHAPTER 3. CHILD ABUSE AND NEGLECT","Part 6. Parent-Child LegalRelationship Termination -- Reinstatement"],"source_url":"https://mca.legmt.gov/bills/mca/title_0410/chapter_0030/part_0060/section_0070/0410-0030-0060-0070.html","current_through":"Montana Code Annotated 2025","vintage":"","retrieved_at":"2026-09-14T04:55:07Z","sha256":"a75c4e50751da2fe2b2f8dbdf721cc501a13fcb409945674734a7426f6b2d12b","source_id":"us-mt","stale":false,"prev":"us-mt/41-3-605","next":"us-mt/41-3-608"},"notice":"GroundRules: Original legal text. Not legal advice."}