Once a child is removed from the home, many important legal deadlines begin. These dates are connected to different steps in the case and are set by law. It's very important to know what these timelines are and to talk with your lawyer regularly to understand what’s expected of you. These deadlines exist to help make decisions quickly for the child’s safety and stability, and they can impact whether and when your child can come home.

The following is a detailed breakdown of the first steps in a dependent neglect case.

The Child and Family Services Division receives a report.

Anyone can report their concerns about a child's safety and well-being to the Child and Family Services Division. Some people, like teachers and doctors, are required to report if they believe a child is being abused, neglected, or abandoned.

Day 0

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A child protection investigator looks into the report.

The Montana Child and Family Services Division must investigate reports they receive of suspected child abuse, neglect, or abandonment. If they decide that a child cannot be made safe at home, a child protection investigator will remove the child from their home.

The parents are given a written notice if they are available at the time of removal. The public defender's office should receive a copy of the notice of removal within 24 hours of a child's removal. The notice of removal should describe the reasons for the child's removal. It should also include contact information for the child protective investigator, their supervisor and the public defender's office.

Notice within 24 hours of removal

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An affidavit is drafted.

The child protection investigator writes a document called an affidavit and gives it to the state's lawyer. An affidavit is a sworn document outlining the safety concerns and reasons for the child's removal. The state's lawyer and public defender's office should get a copy of the affidavit within two business or working days of a child's removal. The parents should also receive a copy, if possible. Business or working days in Montana laws do not include weekends or holidays.

If the state's lawyer thinks there are enough safety concerns, they will file the affidavit and a petition in the proper Montana District Court. A petition is a document that asks the court to open a case.

Within 2 business days of removal

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A petition and affidavit are filed in court.

The petition and affidavit must be filed with the court within five business or working days of the child's removal. Since business and working days in Montana laws don't include weekends or holidays, the filing usually takes about a week. The affidavit should include any statements you or another parent made about the case.

The petition and affidavit inform the judge about why the child was removed. The petition can ask the court to take steps right away to protect the child, including having the child remain outside the home. These are called emergency protective services. The Child and Family Services Division can ask the court for permission to investigate more and to take temporary legal custody of the child.

This first petition rarely asks for termination of parental rights. In almost all dependent neglect cases, the state works with the parents and family to try to reunite them in a safe and stable home. In unusual cases with extreme allegations of child abuse or criminal behavior, the petition may ask for termination of parental rights, with no services or treatment offered to the parents.

Within 5 business days of removal

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The judge decides whether to continue the case.

The judge reviews the petition and affidavit. If they decide there are good reasons for the case to continue, a first court hearing is scheduled. This hearing is called an emergency protective services hearing.

Otherwise, the judge can dismiss the case, and the child returns home.

After petition and affidavit are filed

Missing deadlines or not completing the required tasks on time can lead to serious consequences, including the possibility of not getting your child back. Your lawyer can help you stay informed and on track. You are not alone in this; support is available, and understanding the process is the first step.

Pause and Watch

In the following video, John explains how attorneys from the Office of the Public Defender help protect the rights of parents and children. He also emphasizes the importance of staying in touch with your attorney, letting them know what you need and working together so they can effectively advocate for you and ensure your wishes are represented.