This bill proposes the introduction of jury trials in cases involving the termination of parental rights in Montana. It amends several sections of the Montana Code Annotated (MCA), specifically sections 41-3-602, 41-3-604, 41-3-607, 41-3-608, 41-3-609, 41-3-611, and 41-3-612. Key changes include the removal of the phrase "by a court" in section 41-3-602, allowing for jury involvement in the termination process. Additionally, the bill specifies that a hearing or trial on a petition for termination must occur within 45 days of service, and it establishes that a parent has a right to a jury trial in these proceedings, which was previously not the case.

The bill also outlines the criteria for termination of parental rights, emphasizing that such a decision must be based on clear and convincing evidence. It mandates that the court or jury must consider various factors, including the emotional and physical needs of the child, and it ensures that appeals regarding terminations are prioritized in the court system. Furthermore, the bill includes a provision for notifying tribal governments about the new legislation, reflecting an effort to engage with Indigenous communities in Montana.

Statutes affected:
Introduced: 41-3-602, 41-3-604, 41-3-607, 41-3-608, 41-3-609, 41-3-611, 41-3-612