[FORM O-2(e)]FOF COL & ORDER GRANTING TLC
HON. [JUDGE NAME]
[STREET ADDRESS OR PO BOX]
[CITY, STATE AND ZIP CODE]
[PHONE NUMBER]
MONTANA [NUMBER] JUDICIAL DISTRICT COURT, [NAME] COUNTY
In the Matter of ) Cause No. DN- [NUMBER]
) Companion Cause No. DN-[NUMBER]
[CHILD’S NAME],)
)
YOUTH IN NEED OF CARE )
FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER GRANTING TEMPORARY LEGAL CUSTODY
This matter was before the court on [DATE] for a hearing on the Department’s Disposition Request for Temporary Legal Custody. The Court previously adjudicated the above named child as a youth in need of care on [DATE]. This hearing was set to address the Department’s proposed disposition. Present at the hearing were:
[NAME], Deputy County Attorney, on behalf of the Department;
[NAME], Department social worker;
[NAME], attorney for child;
[NAME], attorney for birth mother;
[NAME], birth mother;
[NAME], attorney for birth father; and
[NAME], CASA volunteer.
During open court discussion, [state each parties stated position as to disposition. Also if either parent was not present, list evidence showing the parent was served notice of the hearing. If testimony was presented, state who testified].
The Court has considered all evidence, and has provided an opportunity for the parent, guardian, or other person having physical or legal custody of the child to provide testimony on their own behalf and cross-examine the Department’s witnesses. Based upon the testimony and evidence presented at the hearing, the Court now makes the following:
I. FINDINGS OF FACT
1.[CHILD’S NAME] was born on [CHILD’S DOB]. [MOTHER’S NAME] is the birth mother of [CHILD’S NAME]. [FATHER’S NAME] is the birth father of [CHILD’S NAME].
2.[State the facts as testified to at the hearing].
3. Retention of the child in the home or return of the child to the home would place the child at unreasonable risk of harm affecting his/her health and well-being. The child cannot be reasonably protected from this harm without being removed from the home because of [state nature of abuse and neglect]. [OR, if child permitted to remain in the home: “At this time continuation of the child in the home without Department intervention would be contrary to the welfare of the child due to [state nature of abuse and neglect].” Insert significant components of in-home safety plan.]
4. The Department has made reasonable efforts to avoid protective placement of the child or to make it possible to safely return the child to the child’s home as follows:
a. [List efforts made by the Department].
5.There is a legal basis for continued Court and Department intervention.
Based on the foregoing, the Court makes the following:
II. CONCLUSIONS OF LAW
1. The above named child has been adjudicated a Youth in Need of Care by Order of this Court on [DATE] and as a result this Court must make a dispositional order based upon Mont. Code Ann. § 41-3-438 (2013).
2. Dismissing the Petition would create a substantial risk of harm to the child or would be detrimental to the child’s physical or psychological well-being.
3. Reasonable efforts have been provided to the parent/guardian to prevent the removal of the child or to make it possible for the child to safely return home.
III. ORDER
1. That the emergency protective services granted in the Orders of this Court dated [DATE OF PRIOR ORDER] are continued.
2. The terms and provisions of all previous court orders are hereby incorporated herein by reference.
3. That Child and Family Services Division shall prepare anAffidavit on or before [DATE, one month prior to expiration of TLC] which shall include the results of the investigation and any recommended disposition. Copies of this affidavit shall be presented to the Court and served upon all necessary parties. [Practice tip: including in the order the deadline for the social worker to have their affidavit prepared helps keep the case on track].
4. This Order shall remain in effect until [DATE-TLC expires is 6 months after ordered by the Judge], or until further order of this Court.
5. If the child is moved from his/her current placement the Department must give all parties notice within 48 hours of the move.
6. If the child is moved from his/her current placement the Department must give all parties notice within 48 hours of the move.
DONE IN OPEN COURT on the [DATE], of [MONTH], [YEAR].
Dated this ______day of ______, [YEAR].
______
[JUDGE NAME]
cc: [NAME], Deputy County Attorney
[NAME], Attorney for Child
[NAME], Attorney for mother
[NAME], Attorney for father
[NAME], Department social worker
[NAME], CASA
NOTICE pursuant to Mont. Code Ann. § 41-3-422(14) (2013):
PLEASE TAKE NOTICE that the Court is required by federal and state laws to hold a permanency hearing to determine the permanent placement of the child no later than 12 months after a judge determines that the child has been abused or neglected or 12 months after the first 60 days that the child has been removed from the child’s home.
If a child is in foster care for 15 of the last 22 months, state law presumes that termination of parental rights is in the best interests of the child and the state is required to file a petition to terminate parental rights.
Completion of a treatment plan does not guarantee return of the child.
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