In the Matter of L.M. and N.M.

Summary

The Montana Supreme Court affirmed an order granting planned permanent living arrangements for two youths in need of care. The Court held that the Department of Public Health and Human Services' motion, despite being labeled a motion, functioned as a petition and that no separate hearing was required when the permanency plan hearing provided notice and an opportunity to present evidence regarding the proposed placement.

Holdings

1. A filing titled a motion may satisfy statutory petition requirements when its substance clearly requests approval of a permanency plan and an order granting a planned permanent living arrangement for the children.
2. A separate hearing is not required when the permanency plan hearing provides sufficient notice that the court will receive evidence concerning the requested planned permanent living arrangement.

Questions Presented

1. Whether the District Court could grant a planned permanent living arrangement after a permanency plan hearing without receiving a separately titled petition.
2. Whether the District Court was required to hold a separate hearing to adjudicate the planned permanent living arrangement.

Disposition

affirmed