Montana Code Annotated

Mont. Code Ann. § 41-3-412 (2026)

Renumbered 41-3-445

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TITLE 41. MINORS

CHAPTER 3. CHILD ABUSE AND NEGLECT

Part 4. Abuse or Neglect Proceedings

Renumbered 41-3-445

41-3-412. Renumbered 41-3-445. Sec. 17(2), Ch. 281, L. 2001.

Notes of Decisions
Cited in 8 cases, 2000–2005 · leading case: In re T.H., 2005 MT 237, 121 P.3d 541.
In re T.H., 2005 MT 237, 121 P.3d 541. · cites it 16× “¶44 Next, relying on §41-3-412, MCA (1999), Mother asserts she did not receive proper notice of the April 23, 2001, hearing on the *438 Department’s petition to terminate her parental rights.”
In re T.E., 2002 MT 195, 54 P.3d 38. · cites it 2× “to rehabilitate him and avoid removal of the children in accordance with § 41-3-403(2), MCA (1997); (5) state the reasons why the children were not returned home when extending temporary legal custody as required in § 41-3-406(6), MCA (1997); (6) *153 hold the permanency plan…”
In re the Custody & Parental Rights of M.W., 2001 MT 78, 23 P.3d 206. · cites it 2× “¶10 Subsequent to the court's approval of these stipulations, the Montana State Legislature enacted § 41-3-412, MCA, requiring a permanency plan hearing within twelve months after a court finds that a child is a youth in need of care.”
In re Declaring M.W., 2002 MT 126, 49 P.3d 31. · cites it 14× “Section 41-3-412(1), MCA (1999), provided in pertinent part: A permanency plan hearing must be held by the court no later than 12 months after the initial court finding that the child has been subjected to abuse or neglect or 12 months after the child’s first 60 days of removal…”
In re the Custody & Parental Rights of T.Z., 2000 MT 205, 6 P.3d 960. · cites it 23× “She argues that the District Court based its decision on law applicable to termination of her parental rights, not § 41-3-412, MCA, the statute for long-term custody.”
In re Th, 2005 MT 237, 121 P.3d 541. · cites it 16× “*548 ¶ 44 Next, relying on § 41-3-412, MCA (1999), Mother asserts she did not receive proper notice of the April 23, 2001, hearing on the Department's petition to terminate her parental rights.”
In re MW, 2002 MT 126, 49 P.3d 31. · cites it 14× “Section 41-3-412(1), MCA (1999), provided in pertinent part: A permanency plan hearing must be held by the court no later than 12 months after the initial court finding that the child has been subjected to abuse or neglect or 12 months after the child's first 60 days of removal…”
In re Te, 2002 MT 195, 54 P.3d 38. · cites it 2× “to rehabilitate him and avoid removal of the children in accordance with § 41-3-403(2), MCA (1997); (5) state the reasons why the children were not returned home when extending temporary legal custody as required in § 41-3-406(6), MCA (1997); (6) hold the permanency plan hearing…”
Mont. Code Ann. § 41-3-412(1): 5 cases
In re T.H., 2005 MT 237, 121 P.3d 541. “¶44 Next, relying on §41-3-412, MCA (1999), Mother asserts she did not receive proper notice of the April 23, 2001, hearing on the *438 Department’s petition to terminate her parental rights.”
In re Declaring M.W., 2002 MT 126, 49 P.3d 31. “Section 41-3-412(1), MCA (1999), provided in pertinent part: A permanency plan hearing must be held by the court no later than 12 months after the initial court finding that the child has been subjected to abuse or neglect or 12 months after the child’s first 60 days of removal…”
In re the Custody & Parental Rights of T.Z., 2000 MT 205, 6 P.3d 960. “She argues that the District Court based its decision on law applicable to termination of her parental rights, not § 41-3-412, MCA, the statute for long-term custody.”
In re Th, 2005 MT 237, 121 P.3d 541. “*548 ¶ 44 Next, relying on § 41-3-412, MCA (1999), Mother asserts she did not receive proper notice of the April 23, 2001, hearing on the Department's petition to terminate her parental rights.”
In re MW, 2002 MT 126, 49 P.3d 31. “Section 41-3-412(1), MCA (1999), provided in pertinent part: A permanency plan hearing must be held by the court no later than 12 months after the initial court finding that the child has been subjected to abuse or neglect or 12 months after the child's first 60 days of removal…”
Mont. Code Ann. § 41-3-412(2): 2 cases
In re Declaring M.W., 2002 MT 126, 49 P.3d 31. “Section 41-3-412(1), MCA (1999), provided in pertinent part: A permanency plan hearing must be held by the court no later than 12 months after the initial court finding that the child has been subjected to abuse or neglect or 12 months after the child’s first 60 days of removal…”
In re MW, 2002 MT 126, 49 P.3d 31. “Section 41-3-412(1), MCA (1999), provided in pertinent part: A permanency plan hearing must be held by the court no later than 12 months after the initial court finding that the child has been subjected to abuse or neglect or 12 months after the child's first 60 days of removal…”
Mont. Code Ann. § 41-3-412(3): 2 cases
In re T.H., 2005 MT 237, 121 P.3d 541. “¶44 Next, relying on §41-3-412, MCA (1999), Mother asserts she did not receive proper notice of the April 23, 2001, hearing on the *438 Department’s petition to terminate her parental rights.”
In re Th, 2005 MT 237, 121 P.3d 541. “*548 ¶ 44 Next, relying on § 41-3-412, MCA (1999), Mother asserts she did not receive proper notice of the April 23, 2001, hearing on the Department's petition to terminate her parental rights.”
Mont. Code Ann. § 41-3-412(6): 1 case
In re the Custody & Parental Rights of T.Z., 2000 MT 205, 6 P.3d 960. “She argues that the District Court based its decision on law applicable to termination of her parental rights, not § 41-3-412, MCA, the statute for long-term custody.”
Mont. Code Ann. § 41-3-412(6)(c): 1 case
In re the Custody & Parental Rights of T.Z., 2000 MT 205, 6 P.3d 960. “She argues that the District Court based its decision on law applicable to termination of her parental rights, not § 41-3-412, MCA, the statute for long-term custody.”
Mont. Code Ann. § 41-3-412(6)(c)(i): 2 cases
In re Declaring M.W., 2002 MT 126, 49 P.3d 31. “Section 41-3-412(1), MCA (1999), provided in pertinent part: A permanency plan hearing must be held by the court no later than 12 months after the initial court finding that the child has been subjected to abuse or neglect or 12 months after the child’s first 60 days of removal…”
In re MW, 2002 MT 126, 49 P.3d 31. “Section 41-3-412(1), MCA (1999), provided in pertinent part: A permanency plan hearing must be held by the court no later than 12 months after the initial court finding that the child has been subjected to abuse or neglect or 12 months after the child's first 60 days of removal…”
Mont. Code Ann. § 41-3-412(6)(c)(v): 1 case
In re the Custody & Parental Rights of T.Z., 2000 MT 205, 6 P.3d 960. “She argues that the District Court based its decision on law applicable to termination of her parental rights, not § 41-3-412, MCA, the statute for long-term custody.”
Mont. Code Ann. § 41-3-412(6)(c)(v)(A): 1 case
In re the Custody & Parental Rights of T.Z., 2000 MT 205, 6 P.3d 960. “She argues that the District Court based its decision on law applicable to termination of her parental rights, not § 41-3-412, MCA, the statute for long-term custody.”
Mont. Code Ann. § 41-3-412(6)(c)(v)(C): 1 case
In re the Custody & Parental Rights of T.Z., 2000 MT 205, 6 P.3d 960. “She argues that the District Court based its decision on law applicable to termination of her parental rights, not § 41-3-412, MCA, the statute for long-term custody.”
Mont. Code Ann. § 41-3-412(6)(c)(v)(D): 1 case
In re the Custody & Parental Rights of T.Z., 2000 MT 205, 6 P.3d 960. “She argues that the District Court based its decision on law applicable to termination of her parental rights, not § 41-3-412, MCA, the statute for long-term custody.”
Mont. Code Ann. § 41-3-412(c): 1 case
In re the Custody & Parental Rights of T.Z., 2000 MT 205, 6 P.3d 960. “She argues that the District Court based its decision on law applicable to termination of her parental rights, not § 41-3-412, MCA, the statute for long-term custody.”
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