2014 Dependent Neglect
Desk Book
Updated by the Attorney General’s Office Child Protection Unit
Part I: Forms
INITIAL FILINGS
Use these forms for filing following initial removal in cases where further investigation is necessary.
A-1: Affidavit for EPS, TIA
P-1: Petition for EPS, TIA
S-1: Summons
O-1(a): Order to Show Cause (EPS, TIA)
O-1(b): FOF, COL & Order Granting EPS, TIA (following hearing)
O-1(c):FOF, COL & Order Granting EPS, TIA (stipulation)
O-1(d):Order Appointing CASA/GAL (note: depending on the jurisdiction this could occur immediately upon a new case opening or later in the proceedings)
Use these forms for initial filing for Adjudication and Temporary Legal Custody
A-2: Affidavit for EPS, ADJ, TLC
P-2: Petition for EPS, ADJ, TLC
S-2:Summons (EPS, TLC)
O-2(a): Order to Show Cause (EPS, TIA)
O-2(b)FOF, COL, & Order granting EPS, ADJ, TLC (following hearing)
O-2(c):FOF, COL, & Order granting EPS, ADJ, TLC (stipulation)
(note: depending on the jurisdiction, ADJ and disposition Hearings may or may not be bifurcated. Use forms O-2(b) or O-2(c) if hearing occur on same day. Use forms O-2(d) and O-2(e) if ADJ and disposition are bifurcated)
O-2(d):FOF, COL & Order granting EPS, ADJ and setting dispositional hearing
O-2(e):FOF, COL & Order granting TLC
Use these forms for initial filing for No Reasonable Efforts and Termination. For appropriate situations for this filing, see Mont. Code Ann. 41-3-423.
A-3:Affidavit for EPS, No Reasonable Efforts, TPR
P-3:Petition for EPS, No Reasonable Efforts, TPR
S-3:Summons (EPS, No Reasonable Efforts, TPR)
O-3(a): Order to Show Cause
O-3(b):FOF, COL, & Order granting EPS, No Reasonable Efforts, TPR and setting PP Hearing
ADJUDICATION FOLLOWING TIA
A-4: Affidavit for ADJ, TLC (following TIA)
P-4:Petition for ADJ, TLC (following TIA)
O-4(a):Order setting hearing on Adjudication/TLC
O-4(b): FOF, COL, & Order ADJ/TLC (following hearing)
O-4(c):FOF, COL, & Order ADJ/TLC (stipulation)
(note: depending on the jurisdiction, ADJ and disposition Hearings may or may not be bifurcated. Use forms O-4(b) or O-4(c) if hearing occur on same day. Use forms O-4(d) and O-4(e) if ADJ and disposition are bifurcated)
O-4(d)FOF, COL & Order granting ADJ and setting disposition hearing
O-4(e):FOF, COL & Order granting TLC
TREATMENT PLANS
Use these forms for treatment plans (treatment plans can be addressed at the dispositional hearing, or a separate treatment plan hearing can be set)
A-5: Treatment Plan
M-5: Motion for Approval of Treatment Plan and Notice of Hearing
(note: some jurisdictions prefer the state include the hearing date in the motion, other jurisdictions require a court order setting the hearing).
O-5(a): Order setting hearing on treatment plan
O-5(b): FOF, COL, & Order Approving Treatment plan
EXTENSION OF TEMPORARY LEGAL CUSTODY Use these forms for Extending Temporary Legal Custody (must be filed w/in 6 months of granting of TLC and every 6 months thereafter as needed)
A-6: Affidavit for Ext of TLC
P-6: Petition to Ext TLC
O-6(a): Order Setting Hearing
O-6(b): FOF, COL, & Order Extending TLC
APPROVAL OF PERMANENCY PLAN | |
Use these forms for Approval of Permanency Plan (must be filed 1 year after removal and yearly until the case is resolved)
A-7: Affidavit for Approval of Permanency Plan
M-7: Motion for Approval of Permanency Plan (and notice of hearing)
O-7(a): Order Setting Permanency Plan Hearing
O-7(b): Order Approving Permanency Plan
TERMINATION OF PARENTAL RIGHTS Use these forms for termination of parental rights
A-8(a): Affidavit in support of Termination of Parental Rights
A-8(b): Affidavit of Birth Mother’s Waiver of all Parental Rights, Relinquishment of Child and Consent to Adoption (see M-8 & O-8(c) and accompanying note regarding Waiver of Counseling Requirement)
A-8(c): Affidavit of Birth Father’s Waiver of All Parental Rights, Relinquishment of Child and Consent to Adoption
(note: ICWA relinquishments and pleadings for TPR are contained in the ICWA section, see forms ICWA A-8, ICWA P-8, ICWA O-8(a) & O-8(b)
P-8: Petition for TPR
O-8(a)Order Setting Hearing on TPR
O-8(b): FOF, COL, & Order Terminating Parental Rights
(note: some jurisdictions read Mont. Code Ann. 42-2-409 to require that the Court waive the counseling requirement prior to birth mother executing a relinquishment. Forms M-8 and O-8(c) can be used in those jurisdictions prior to a birth mother executing A-8(c))
M-8:Motion for Waiver of Counseling Requirement
O-8(c):Order Waiving Counseling Requirement
ICWA CASES
Use these forms if ICWA applies to the case.
ICWA A-1Form for Judge to Sign for Voluntary Placements pursuant to § 1913(a)
(most likely to be utilized in situations prior to court involvement)
ICWA L-1Letter to Judicial Assistant Pursuant to Need for Judicial Review of Voluntary Placement Pursuant to § 1913(a) (not required to be a court hearing)
ICWA P-1: Petition for EPS, TIA (To be used with A-1 and S-1)
ICWA N-1:Notice to the Tribes of Proceedings [MUST be mailed to the parent(s), Indian custodian, and tribe by registered mail and proof of service must be filed with the court.]
ICWA N-2:Notice of Tribal Determination
ICWA O-1(a): Order to Show Cause(TIA)
ICWA O-1(b):FOF, COL, & Order Granting EPS, TIA (To be used with A-2 & S-2)
ICWA P-2: Petition for EPS, ADJ, TLC
ICWA O-2(a):Order to Show Cause (ADJ)
ICWA O-2(b)FOF, COL, & Order Granting EPS, ADJ, TLC
(note: there is no form for a No Reasonable Efforts Petition due to Mont. Code Ann. 41-3-423(2) a No Reasonable efforts petition cannot be filed in a case under ICWA)
ICWA N-3: Notice to Tribal Court (Regarding Transfer Request)
ICWA O-3(a):Order (to Transfer/or Denying Transfer) Case to Tribal Court
ICWA P-4: Petition for ADJ, TLC (following TIA)
ICWA O-4(a):Order setting hearing on ADJ/TLC
ICWA O-4(b): FOF, COL & Order ADJ/TLC (following TIA)
(To be used with A-4 & S-4)
ICWA A-8(b):Affidavit of Birth Mother’s Waiver of all Parental Rights, Relinquishment of Child and Consent to Adoption. (note: must be executed in front of a judge for ICWA cases)
ICWA A-8(c):Affidavit of Birth Father’s Waiver of all Parental Rights, Relinquishment of Child and Consent to Adoption. (note: must be executed in front of a judge for ICWA cases)
ICWA P-8: Petition for TPR (can use form A-8 for ICWA cases where parents are not relinquishing)
ICWA O-8(a): Order Setting TPR hearing
ICWA O-8(b):Order Termination Parental Rights
.GUARDIANSHIP.
A-9: Affidavit in support of guardianship
P-9: Petition for Guardianship
O-9(a): FOF/COL & Decree of Guardianship\
O-9(b): Letters of Guardianship
. LONG TERM CUSTODY………………. …………….
A-10: Affidavit in support of LTC
P-10:Petition for LTC
O-10: FOF/COL & Order Granting LTC
MISCELLANEOUS MOTIONS/ORDERS
Use these forms if you are unable to serve a parent personally, or if you do not know the whereabouts or identity of the parent.
A-11: Affidavit for service by Publication
M-11: Motion for service by Publication
O-11: Order Granting service via Publication
C-11: Citation for Publication
Use these forms if an agency requires a court order for testimony under HIPAA
M-12: Motion for Order Compelling Testimony Under the Montana Health Care Information Act
O-12: Order Compelling Testimony under HIPAA
Use these forms if there exists a prior DN matter or a criminal case you would like Judicial Notice to be taken of that matter
M-13:Motion for Judicial Notice (of prior DN Case or Criminal Case)
O-13:Order Taking Judicial Notice (of prior DN Case or Criminal Case)
Use these forms if the Department wishes to obtain a copy of a parent’s PSI
M-14:Motion for Release of Pre-Sentence Investigation in DN Case
O-14:Order Releasing PSI for Review in DN Case
Use these forms to transfer venue
M-15: Motion to Transfer Venue
O-15: Order To Transfer Venue
Some jurisdictions automatically hear companion cases together, if your jurisdiction requires a motion for companion cases to be heard together, use these forms:
M-16: Motion for Joint Hearing on Companion Cases
O-16: Order for Joint Hearing on Companion Cases
If there are juvenile records pertaining to the child, and/or a parent, use these forms to obtain copies of the juvenile records:
M-17: Motion to Unseal Juvenile Records
O-17: Order to Unseal Juvenile Records
If there are records pertaining to chemical dependency treatment that the Department wishes to obtain, use these forms:
M-18:Motion for Order Compelling Testimony Regarding Substance Abuse Treatment
O-18: Order Compelling Testimony Regarding Substance Abuse Treatment
If there is a question of paternity or multiple possible fathers, to compel compliance with paternity testing, use these forms:
M-19: Motion for Paternity Testing
O-19:Order for Paternity Testing
NOTICES & SUBPOENAS
N-1Notice of Statutory Guidelines
N-2: Letter with legal notice to foster parents
Notice of Entry of Judgment must be filed following FOF, COL, & Order for TPR or Guardianship. Filing of the Notice of Entry of Judgment starts the clock for a parents appeal.
N-3: Notice of Filing
N-4: Notice of Entry of Judgment
S-1: Subpoena
S-2: Subpoena DucesTecum
PART I: FORMS