41-3-450. Placement preferences.

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41-3-450 . Placement preferences.

(1)The placement preferences described in this section apply in any foster care, preadoptive, or adoptive placement of a child unless there is a determination under 41-3-451 that good cause exists to not follow the placement preferences or unless the placement is governed by the federal Indian Child Welfare Act or the Montana Indian Child Welfare Act.

(a)In any adoptive placement of a child, preference must be given in descending order to placement of the child with:

(i)a member of the child's extended family, including fictive kin;

(ii)a member of the child's community with ethnic, cultural, and religious heritage similar to the child's family; or

(iii)a family with ethnic, cultural, and religious heritage similar to the child's family.

(b)When appropriate, the placement preference of the child or the child's parent or legal guardian must be considered.

(3)Except as provided in 41-3-301 (1), in any foster care or preadoptive placement of a child:

(a)the child must be placed in the least restrictive setting that:

(i)most approximates a family, taking into consideration sibling attachment;

(ii)allows the child's special needs, if any, to be met; and

(iii)is in reasonable proximity to the child's home, extended family, or siblings;

(b)preference must be given in descending order to placement of the child with:

(i)a member of the child's extended family, including fictive kin;

(ii)a licensed foster home located in the child's community with ethnic, cultural, and religious heritage similar to the child's family;

(iii)a licensed foster home with ethnic, cultural, and religious heritage similar to the child's family; or

(iv)an institution for children approved by the department that has a program suitable to meet the child's needs; and

(c)the preference of the child or the child's parent or legal guardian must be considered.

(a)Except as provided in subsection (4)(b), placement outside of the United States is disfavored under this section.

(b)A child subject to the provisions of the federal Indian Child Welfare Act or the Montana Indian Child Welfare Act established in Title 41, chapter 3, part 13, is not subject to subsection (4)(a).

(5)For the purposes of this section, "fictive kin" means a person to whom the child and the child's parent and family ascribe a family relationship and with whom the child has had a significant emotional tie that existed prior to the department's involvement with the child and the child's family.