reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 41. Minors › Chapter 2. Child Labor › Part 1. Child Labor Standards Act › 41-2-111. Repealed

41-2-111. Repealed.
Sec. 14, Ch. 391, L. 1993.
History: En. Sec. 2, Ch. 99, L. 1907; Sec. 1747, Rev. C. 1907; re-en. Sec. 3096, R.C.M. 1921; re-en. Sec. 3096, R.C.M. 1935; R.C.M. 1947, 10-202.
2023 Montana Code Annotated › Title 41. Minors › Chapter 2. Child Labor › Part 1. Child Labor Standards Act › 41-2-112. Repealed

41-2-112. Repealed.
Sec. 1, Ch. 241, L. 1989.
History: En. Sec. 3, Ch. 99, L. 1907; Sec. 1748, Rev. C. 1907; re-en. Sec. 3097, R.C.M. 1921; re-en. Sec. 3097, R.C.M. 1935; R.C.M. 1947, 10-203.
2023 Montana Code Annotated › Title 41. Minors › Chapter 2. Child Labor › Part 1. Child Labor Standards Act › 41-2-113. Repealed

41-2-113. Repealed.
Sec. 14, Ch. 391, L. 1993.
History: En. Sec. 4, Ch. 99, L. 1907; Sec. 1749, Rev. C. 1907; re-en. Sec. 3098, R.C.M. 1921; re-en. Sec. 3098, R.C.M. 1935; amd. Sec. 1, Ch. 100, L. 1977; R.C.M. 1947, 10-204.
2023 Montana Code Annotated › Title 41. Minors › Chapter 2. Child Labor › Part 1. Child Labor Standards Act › 41-2-114. Repealed

41-2-114. Repealed.
Sec. 14, Ch. 391, L. 1993.
History: En. Sec. 5, Ch. 99, L. 1907; Sec. 1750, Rev. C. 1907; re-en. Sec. 3099, R.C.M. 1921; re-en. Sec. 3099, R.C.M. 1935; amd. Sec. 2, Ch. 100, L. 1977; R.C.M. 1947, 10-205.
2023 Montana Code Annotated › Title 41. Minors › Chapter 2. Child Labor › Part 1. Child Labor Standards Act › 41-2-115. Working hours

41-2-115. Working hours.
(1) Unless otherwise exempt or as provided in subsection (2), a minor who is 14 or 15 years of age:
(a) may not be employed before 7 a.m. or after 7 p.m., except that the minor may be employed until 9 p.m. during periods outside the school year (June 1 through Labor Day, depending on local standards); or
(b) may not be employed more than:
(i) 3 hours on a school day;
(ii) 18 hours in a school week;
(iii) 8 hours on a nonschool day; or
(iv) 40 hours in a week in a nonschool week.
(2) A minor who is 14 or 15 years of age and who is enrolled in and employed pursuant to a school-supervised and school-administered work experience or career exploration program approved by the department or the office of public instruction may be employed up to 23 hours in 1 week when the program is in session, any portion of which may be during school hours.
History: En. Sec. 10, Ch. 391, L. 1993.
2023 Montana Code Annotated › Title 41. Minors › Chapter 2. Child Labor › Part 1. Child Labor Standards Act › 41-2-116. Enforcement -- right to enter and inspect premises and records -- subpoena power

41-2-116. Enforcement -- right to enter and inspect premises and records -- subpoena power.
The department shall enforce the provisions of this part and file a complaint against a person who violates the provisions of this part. The department may at any time enter and inspect any place or establishment governed by the provisions of this part and have access to employment records kept on file by the employer that may aid in the enforcement of this part. The department may subpoena documentary evidence relating to an investigation under this part.
History: En. Sec. 11, Ch. 391, L. 1993.
2023 Montana Code Annotated › Title 41. Minors › Chapter 2. Child Labor › Part 1. Child Labor Standards Act › 41-2-117. Power to adopt rules

41-2-117. Power to adopt rules.
The department may adopt rules, including definitions of terms, to carry out the purposes of this part and to prevent the circumvention or evasion of this part.
History: En. Sec. 12, Ch. 391, L. 1993; amd. Sec. 1, Ch. 260, L. 2003.
2023 Montana Code Annotated › Title 41. Minors › Chapter 2. Child Labor › Part 1. Child Labor Standards Act › 41-2-118. Penalties

41-2-118. Penalties.
An employer who violates any of the provisions of this part is guilty of a misdemeanor and is punishable as provided in 46-18-212. Each day during which a violation of this part continues constitutes a separate offense, and the employment of a minor in violation of this part constitutes, with respect to each minor employed, a separate offense.
History: En. Sec. 13, Ch. 391, L. 1993.
2023 Montana Code Annotated › Title 41. Minors › Chapter 2. Child Labor › Part 1. Child Labor Standards Act › 41-2-121. Repealed

41-2-121. Repealed.
Sec. 14, Ch. 391, L. 1993.
History: En. Sec. 6, Ch. 99, L. 1907; Sec. 1751, Rev. C. 1907; re-en. Sec. 3100, R.C.M. 1921; re-en. Sec. 3100, R.C.M. 1935; R.C.M. 1947, 10-206.
2023 Montana Code Annotated › Title 41. Minors › Chapter 3. Child Abuse and Neglect › Part 1. General › 41-3-106. Prosecution of offenders

41-3-106. Prosecution of offenders.
(1) If the evidence indicates violation of the criminal code, it is the responsibility of the county attorney to file appropriate charges against the alleged offender.
(2) The filing of a criminal charge does not toll a proceeding under this chapter.
(3) The district court has original jurisdiction under this section.
History: En. 10-1322 by Sec. 12, Ch. 328, L. 1974; R.C.M. 1947, 10-1322; amd. Sec. 3, Ch. 311, L. 2001.
2023 Montana Code Annotated › Title 41. Minors › Chapter 3. Child Abuse and Neglect › Part 1. General › 41-3-107. Interagency cooperation

41-3-107. Interagency cooperation.
(1) To effectuate the purposes of this chapter, the department of public health and human services shall cooperate with and shall seek the cooperation and involvement of all appropriate public and private agencies, including health, education, social services, and law enforcement agencies; juvenile courts; and any other agency, organization, or program providing or concerned with human services related to the prevention, identification, or treatment of child abuse or neglect. The cooperation and involvement may not include joint case management but may include joint policy planning, public education, information services, staff development, and other training.
(2) The department shall enter into a cooperative agreement with other state agencies, as provided in 52-2-203, for the purpose of implementing this section.
History: En. Sec. 4, Ch. 543, L. 1979; amd. Sec. 12, Ch. 609, L. 1987; amd. Sec. 4, Ch. 655, L. 1991; amd. Sec. 160, Ch. 546, L. 1995.
2023 Montana Code Annotated › Title 41. Minors › Chapter 3. Child Abuse and Neglect › Part 1. General › 41-3-108. Child protective teams

41-3-108. Child protective teams.
The county attorney, county commissioners, guardian ad litem, or department may convene one or more temporary or permanent interdisciplinary child protective teams. These teams may assist in assessing the needs of, formulating and monitoring a treatment plan for, and coordinating services to the child and the child's family. The supervisor of child protective services in a local service area or the supervisor's designee shall serve as the team's coordinator. Members must include:
(1) a child protection specialist;
(2) a member of a local law enforcement agency;
(3) a representative of the medical profession;
(4) a representative of a public school system;
(5) a county attorney; and
(6) if an Indian child or children are involved, someone, preferably an Indian person, knowledgeable about Indian culture and family matters.
History: En. Sec. 5, Ch. 543, L. 1979; amd. Sec. 37, Ch. 609, L. 1987; amd. Sec. 1, Ch. 67, L. 1989; amd. Sec. 161, Ch. 546, L. 1995; amd. Sec. 3, Ch. 566, L. 1999; amd. Sec. 6, Ch. 520, L. 2021.
2023 Montana Code Annotated › Title 41. Minors › Chapter 3. Child Abuse and Neglect › Part 1. General › 41-3-109. Proceedings subject to Indian Child Welfare Acts

41-3-109. (Temporary) Proceedings subject to Indian Child Welfare Acts.
If a proceeding under this chapter involves an Indian child, as defined in the federal Indian Child Welfare Act, 25 U.S.C. 1901, et seq., or 41-3-1303, the proceeding is subject to the federal Indian Child Welfare Act and the Montana Indian Child Welfare Act provided for in Title 41, chapter 3, part 13. (Terminates June 30, 2025--sec. 55, Ch. 716, L. 2023.)
41-3-109. (Effective July 1, 2025) Proceedings subject to Indian Child Welfare Act.
If a proceeding under this chapter involves an Indian child, as defined in the Indian Child Welfare Act, 25 U.S.C. 1901, et seq., the proceeding is subject to the Indian Child Welfare Act.
History: En. Sec. 16, Ch. 516, L. 1997; amd. Sec. 27, Ch. 716, L. 2023.
2023 Montana Code Annotated › Title 41. Minors › Chapter 3. Child Abuse and Neglect › Part 1. General › 41-3-110. Audio or video testimony allowed

41-3-110. Audio or video testimony allowed.
A court may permit testimony by telephone, videoconference, or other audio or audiovisual means at any time in a proceeding pursuant to this chapter.
History: En. Sec. 1, Ch. 166, L. 2007.
2023 Montana Code Annotated › Title 41. Minors › Chapter 3. Child Abuse and Neglect › Part 1. General › 41-3-112. Appointment of court-appointed special advocate -- guardian ad litem

41-3-112. Appointment of court-appointed special advocate -- guardian ad litem.
(1) In every judicial proceeding, the court shall appoint a court-appointed special advocate as the guardian ad litem for any child alleged to be abused or neglected. If a court-appointed special advocate is not available for appointment, the court may appoint an attorney or other qualified person to serve as the guardian ad litem. The department or any member of its staff who has a direct conflict of interest may not be appointed as the guardian ad litem in a judicial proceeding under this title. When necessary, the guardian ad litem may serve at public expense.
(2) The guardian ad litem must have received appropriate training that is specifically related to serving as a child's court-appointed representative.
(3) The guardian ad litem is charged with the representation of the child's best interests and shall perform the following general duties:
(a) to conduct investigations to ascertain the facts constituting the alleged abuse or neglect;
(b) to interview or observe the child who is the subject of the proceeding;
(c) to have access to court, medical, psychological, law enforcement, social services, and school records pertaining to the child and the child's siblings and parents or custodians;
(d) to make written reports to the court concerning the child's welfare;
(e) to appear and participate in all proceedings to the degree necessary to adequately represent the child and make recommendations to the court concerning the child's welfare;
(f) to perform other duties as directed by the court; and
(g) if an attorney, to file motions, including but not limited to filing to expedite proceedings or otherwise assert the child's rights.
(4) Information contained in a report filed by the guardian ad litem or testimony regarding a report filed by the guardian ad litem is not hearsay when it is used to form the basis of the guardian ad litem's opinion as to the best interests of the child.
(5) Any party may petition the court for the removal and replacement of the guardian ad litem if the guardian ad litem fails to perform the duties of the appointment.
History: En. Sec. 14, Ch. 543, L. 1979; amd. Sec. 1, Ch. 384, L. 1985; amd. Sec. 4, Ch. 434, L. 1993; amd. Sec. 5, Ch. 516, L. 1997; amd. Sec. 7, Ch. 566, L. 1999; Sec. 41-3-303, MCA 1999; redes. 41-3-112 by Sec. 17(3)(a), Ch. 281, L. 2001; amd. Sec. 1, Ch. 382, L. 2005; amd. Sec. 1, Ch. 132, L. 2017.
2023 Montana Code Annotated › Title 41. Minors › Chapter 3. Child Abuse and Neglect › Part 1. General › 41-3-113. Appeals

41-3-113. Appeals.
(1) Appeals of court orders or decrees made under this part must be given precedence on the calendar of the supreme court over all other matters, unless otherwise provided by law.
(2) An appeal does not stay the order or decree appealed from and does not divest the presiding district court judge of jurisdiction to take steps that are necessary, in the best interests of the child, and in order to protect the health and safety of the child. The supreme court may order a stay upon application and hearing if suitable provision is made for the care and custody of the child.
(3) If the appeal results in the reversal of the order appealed, the legal status of the child reverts to the child's legal status before the entry of the order that was appealed. The child's prior legal status remains in effect until further order of the district court unless the supreme court orders otherwise.
History: En. Sec. 3, Ch. 463, L. 1987; Sec. 41-3-409, MCA 1999; redes. 41-3-113 by Sec. 17(3)(a), Ch. 281, L. 2001; amd. Sec. 4, Ch. 504, L. 2003.
2023 Montana Code Annotated › Title 41. Minors › Chapter 3. Child Abuse and Neglect › Part 1. General › 41-3-118. Purpose

41-3-118. Purpose.
The intent of 41-3-119 is to provide reimbursement for mental health outpatient counseling services to foster parents who experience the death of a foster child placed with them by the department or a licensed child placing agency. Many of the children have disabilities, terminal illnesses, or other special needs, and often these children spend their childhood in the homes of foster parents. The death of a child is a traumatic experience, and the legislature finds that providing reimbursement for counseling is a necessary support to those persons who are willing to open their homes to foster children who need a stable and safe environment.
History: En. Sec. 1, Ch. 127, L. 1999; Sec. 41-3-1160, MCA 1999; redes. 41-3-118 by Sec. 17(3)(a), Ch. 281, L. 2001.
2023 Montana Code Annotated › Title 41. Minors › Chapter 3. Child Abuse and Neglect › Part 1. General › 41-3-119. Foster parent counseling services

41-3-119. Foster parent counseling services.
(1) A person who provides substitute care to a foster child who dies while residing in a youth care facility must be offered reimbursement for mental health outpatient counseling services at the expense of the department.
(2) Upon the death of a foster child in substitute care, the department shall provide information about available reimbursement for mental health outpatient counseling services for the person or persons who were providing care to the foster child.
(3) The reimbursement for mental health outpatient counseling services must be available for up to 1 year in duration by a provider of the person's choice at an amount equivalent to that offered as a benefit to state employees under 2-18-702, subject to the same maximum benefit levels and copayments.
History: En. Sec. 2, Ch. 127, L. 1999; Sec. 41-3-1161, MCA 1999; redes. 41-3-119 by Sec. 17(3)(a), Ch. 281, L. 2001.
2023 Montana Code Annotated › Title 41. Minors › Chapter 3. Child Abuse and Neglect › Part 1. General › 41-3-120. Liability insurance for foster parents

41-3-120. Liability insurance for foster parents.
(1) The department shall provide for liability and property damage insurance for a foster parent providing foster care services to children placed by the department and for a foster parent providing therapeutic foster care services under the auspices of a licensed child-placing agency.
(2) The state shall pay the cost of the premium for each policy issued under subsection (1). The foster parent may be required, as provided by rule, to pay a reasonable deductible for personal injury or property damage.
(3) The department shall adopt rules for the provision of insurance coverage to foster parents as provided in this section, including rules on premium payment and any deductibles required.
History: En. Sec. 1, Ch. 165, L. 2007.
2023 Montana Code Annotated › Title 41. Minors › Chapter 3. Child Abuse and Neglect › Part 1. General › 41-3-127. Certification required for use of title -- exceptions

41-3-127. Certification required for use of title -- exceptions.
(1) On certification in accordance with 41-3-127 through 41-3-130, a person may use the title "certified child protection specialist".
(2) Subsection (1) does not prohibit a qualified member of another profession, such as a law enforcement officer, lawyer, psychologist, pastoral counselor, probation officer, court employee, nurse, school counselor, educator, or baccalaureate, master's, or clinical social worker, clinical professional counselor, addiction counselor, or marriage and family therapist licensed pursuant to Title 37,chapter 39, from performing duties and services consistent with the person's licensure or certification and the code of ethics of the person's profession.
(3) Subsection (1) does not prohibit a qualified member of another profession, business, educational program, or volunteer organization who is not licensed or certified or for whom there is no applicable code of ethics, including a guardian ad litem, child advocate, or law enforcement officer, from performing duties and services consistent with the person's training, as long as the person does not represent by title that the person is a certified child protection specialist.
History: En. Sec. 1, Ch. 520, L. 2021; amd. Sec. 22, Ch. 713, L. 2023.
2023 Montana Code Annotated › Title 41. Minors › Chapter 3. Child Abuse and Neglect › Part 1. General › 41-3-129. Certificate renewal -- continuing education

41-3-129. Certificate renewal -- continuing education.
(1) A certified child protection specialist shall renew the specialist's certification annually using a process specified by department rule, which must include proof of completion of at least 20 hours of continuing education developed or approved by the department.
(2) The continuing education may include any topic listed in subsection (1) of 41-3-128 and must include at least one unit focused on:
(a) ethics; and
(b) recent developments in governing law or rule.
History: En. Sec. 3, Ch. 520, L. 2021.
2023 Montana Code Annotated › Title 41. Minors › Chapter 3. Child Abuse and Neglect › Part 1. General › 41-3-130. Implementation of certification requirement for child protection specialists

41-3-130. Implementation of certification requirement for child protection specialists.
(1) (a) The department shall engage and collaborate with an external organization to develop a child welfare certification and training program, including a competency examination, that must be an ongoing component of the department's child welfare work.
(b) The program and examination must be reevaluated every 2 years to ensure that they:
(i) reflect current trends, research, and developments in the law; and
(ii) promote evidence-based or evidence-informed practices.
(2) A person hired by the department for a child-facing position after October 1, 2021, shall become a certified child protection specialist pursuant to 41-3-127 through 41-3-130 within 1 year of the date of hire.
(3) A person already employed by the department in a child-facing position before October 1, 2021, shall obtain child protection specialist certification pursuant to 41-3-127 through 41-3-130 by October 1, 2023.
(4) For the purpose of this section, "child-facing position" means an employee role under this chapter that involves regular interaction with minors, including but not limited to investigating reports of child abuse, neglect, or endangerment.
History: En. Sec. 4, Ch. 520, L. 2021.
2023 Montana Code Annotated › Title 41. Minors › Chapter 3. Child Abuse and Neglect › Part 1. General › 41-3-131. Rulemaking authority -- management of court-ordered child support

41-3-131. Rulemaking authority -- management of court-ordered child support.
(1) The department shall adopt rules necessary to carry out the purposes of this chapter.
(2) The department shall adopt rules to manage court-ordered child support to the state for children entering foster care as provided for in 41-3-446. Rules to manage child support:
(a) may not have any adverse effects on the child; and
(b) may not impede successful achievement of the child's permanency plan.
History: En. Sec. 31, Ch. 311, L. 2001; (2)En. Sec. 4, Ch. 657, L. 2023.
2023 Montana Code Annotated › Title 41. Minors › Chapter 3. Child Abuse and Neglect › Part 1. General › 41-3-132. Volunteer program -- rulemaking -- report

41-3-132. Volunteer program -- rulemaking -- report.
(1) There is established within the department a volunteer program to support child protective services activities. Volunteers must be 18 years of age or older. Volunteers are not salaried employees and are not entitled to wages and benefits.
(2) The department shall, by administrative rule:
(a) establish a registration portal for volunteers interested in supporting child protective services activities, including those related to child abuse and neglect prevention, family support, and reunification; and
(b) develop a process for referring potential volunteers to faith-based and community-based organizations offering volunteer opportunities that support child protective services activities, including those related to child abuse and neglect prevention, family support, and reunification.
(3) In accordance with 5-11-210, the department shall report to the children, families, health, and human services interim committee regarding the department's efforts under this section.
History: En. Sec. 1, Ch. 334, L. 2023.
2023 Montana Code Annotated › Title 41. Minors › Chapter 3. Child Abuse and Neglect › Part 1. General › 41-3-135. Vaccination status prohibited as grounds for action

41-3-135. Vaccination status prohibited as grounds for action.
The vaccination status of a parent or child may not be admitted as evidence or considered as a factor in any administrative or judicial decision regarding a petition filed under part 3, part 4, part 6, or part 10 of this chapter.
History: En. Sec. 2, Ch. 286, L. 2023.
2023 Montana Code Annotated › Title 41. Minors › Chapter 3. Child Abuse and Neglect › Part 2. Reports and Investigations › 41-3-203. Liability -- immunity from liability -- damages

41-3-203. Liability -- immunity from liability -- damages.
(1) Except as provided in subsection (2), anyone investigating or reporting any incident of child abuse or neglect under 41-3-201 or 41-3-202, participating in resulting judicial proceedings, or furnishing hospital or medical records as required by 41-3-202 is immune from any liability, civil or criminal, that might otherwise be incurred or imposed unless the person was grossly negligent or acted in bad faith or with malicious purpose or provided information knowing the information to be false.
(2) Any person who knowingly makes a false report or allegation of child abuse, abandonment, or neglect or makes a report in bad faith is liable to the party or parties against whom the report was made for the amount of actual damages sustained or for statutory damages of $2,500, whichever is greater, plus attorney fees and costs. If the person acted with malicious purpose, the court may award treble actual damages or treble statutory damages, whichever is greater.
(3) A person who provides information pursuant to 41-3-201 or a person who uses information received pursuant to 41-3-205 to refuse to hire or to discharge a prospective or current employee, volunteer, or other person who through employment or volunteer activities may have unsupervised contact with children and who may pose a risk to children is immune from civil liability unless the person acted in bad faith or with malicious purpose.
History: En. Sec. 4, Ch. 178, L. 1965; Sec. 10-904, R.C.M. 1947; redes. 10-1306 by Sec. 14, Ch. 328, L. 1974; R.C.M. 1947, 10-1306; amd. Sec. 9, Ch. 543, L. 1979; amd. Sec. 1, Ch. 181, L. 1993; amd. Sec. 9, Ch. 458, L. 1995; amd. Sec. 5, Ch. 566, L. 1999; amd. Sec. 3, Ch. 382, L. 2019; amd. Sec. 1, Ch. 656, L. 2023.
2023 Montana Code Annotated › Title 41. Minors › Chapter 3. Child Abuse and Neglect › Part 2. Reports and Investigations › 41-3-204. Admissibility and preservation of evidence

41-3-204. Admissibility and preservation of evidence.
(1) In any proceeding resulting from a report made pursuant to the provisions of this chapter or in any proceeding for which the report or its contents are sought to be introduced into evidence, the report or its contents or any other fact related to the report or to the condition of the child who is the subject of the report may not be excluded on the ground that the matter is or may be the subject of a privilege related to the examination or treatment of the child and granted in Title 26, chapter 1, part 8, except the attorney-client privilege granted by 26-1-803.
(2) A person or official required to report under 41-3-201 may take or cause to be taken photographs of the area of trauma visible on a child who is the subject of a report. The cost of photographs taken under this section must be paid by the department.
(3) When a person required to report under 41-3-201 finds visible evidence that a child has suffered abuse or neglect, the person shall include in the report either a written description or photographs of the evidence.
(4) A physician, either in the course of providing medical care to a minor or after consultation with child protective services, the county attorney, or a law enforcement officer, may require x-rays to be taken when, in the physician's professional opinion, there is a need for radiological evidence of suspected abuse or neglect. X-rays may be taken under this section without the permission of the parent or guardian. The cost of the x-rays ordered and taken under this section must be paid by the county child protective service agency.
(5) All written, photographic, or radiological evidence gathered under this section must be sent to the local affiliate of the department at the time that the written confirmation report is sent or as soon after the report is sent as is possible. The initial report and associated evidence must be handled in accordance with 41-3-202.
History: En. Sec. 5, Ch. 178, L. 1965; Sec. 10-905, R.C.M. 1947; redes. 10-1307 by Sec. 14, Ch. 328, L. 1974; R.C.M. 1947, 10-1307; amd. Sec. 10, Ch. 543, L. 1979; amd. Sec. 38, Ch. 609, L. 1987; amd. Sec. 2, Ch. 146, L. 1995; amd. Sec. 189, Ch. 42, L. 1997; amd. Sec. 6, Ch. 514, L. 1997; amd. Sec. 4, Ch. 516, L. 1997; amd. Sec. 4, Ch. 382, L. 2019.
2023 Montana Code Annotated › Title 41. Minors › Chapter 3. Child Abuse and Neglect › Part 2. Reports and Investigations › 41-3-206. Procedure in case of child's death

41-3-206. Procedure in case of child's death.
(1) A person or official required to report by law who has reasonable cause to suspect that a child has died as a result of child abuse or neglect shall report the person's suspicion to the appropriate medical examiner or law enforcement officer. Any other person who has reasonable cause to suspect that a child has died as a result of child abuse or neglect may report the person's suspicion to the appropriate medical examiner or law enforcement officer.
(2) The medical examiner or coroner shall investigate the report and submit findings, in writing, to the local law enforcement agency, the appropriate county attorney, the local child protective service, the family of the deceased child, and, if the person making the report is a physician, the physician.
History: En. Sec. 7, Ch. 543, L. 1979; amd. Sec. 5, Ch. 564, L. 1995.
2023 Montana Code Annotated › Title 41. Minors › Chapter 3. Child Abuse and Neglect › Part 2. Reports and Investigations › 41-3-207. Penalties -- failure to report -- false reporting

41-3-207. Penalties -- failure to report -- false reporting.
(1) Any person, official, or institution required by 41-3-201 to report known or suspected child abuse or neglect who fails to do so or who prevents another person from reasonably doing so is civilly liable for the damages proximately caused by the act or omission.
(2) Except as provided in subsection (3), any person or official required by 41-3-201 to report known or suspected child abuse or neglect who purposely or knowingly fails to report known child abuse or neglect or purposely or knowingly prevents another person from making a report is guilty of a misdemeanor.
(3) Any person or official required by 41-3-201 to report known or suspected sexual abuse or sexual exploitation who purposely or knowingly fails to report known sexual abuse or sexual exploitation of a child or purposely or knowingly prevents another person from making a report is guilty of a felony and shall be imprisoned in the state prison for a term not to exceed 5 years or fined an amount not to exceed $10,000, or both.
(4) Any person who purposely or knowingly makes a written or verbal false report of suspected child abuse or neglect under 41-3-201 in bad faith or with malicious purpose is guilty of unsworn falsification to authorities as provided in 45-7-203.
History: En. Sec. 15, Ch. 543, L. 1979; amd. Sec. 1, Ch. 367, L. 1985; amd. Sec. 8, Ch. 367, L. 2019; amd. Sec. 2, Ch. 656, L. 2023.
2023 Montana Code Annotated › Title 41. Minors › Chapter 3. Child Abuse and Neglect › Part 2. Reports and Investigations › 41-3-208. Rulemaking authority

41-3-208. Rulemaking authority.
(1) The department of public health and human services shall adopt rules to govern the procedures used by department personnel in preparing and processing reports and in conducting investigations and safety and risk assessments authorized by this chapter.
(2) The department shall adopt rules to govern the retention period and disclosure of safety and risk assessments and associated case records containing information related to reports and investigations of child abuse and neglect.
(3) The department shall adopt rules specifying the procedure to be used for the release and disclosure of records as provided in 41-3-205(5). In adopting the rule, the department shall collaborate with the attorney general, the office of the child and family ombudsman, and appropriate county attorneys, law enforcement agencies, and county or regional interdisciplinary child information and school safety teams established pursuant to 52-2-211.
History: En. Sec. 1, Ch. 567, L. 1979; amd. Sec. 31, Ch. 465, L. 1983; amd. Sec. 2, Ch. 287, L. 1987; amd. Sec. 40, Ch. 609, L. 1987; amd. Sec. 7, Ch. 696, L. 1991; amd. Sec. 165, Ch. 546, L. 1995; amd. Sec. 2, Ch. 332, L. 2013; amd. Sec. 9, Ch. 354, L. 2015; amd. Sec. 2, Ch. 180, L. 2017; amd. Sec. 3, Ch. 248, L. 2019; amd. Sec. 6, Ch. 382, L. 2019.
2023 Montana Code Annotated › Title 41. Minors › Chapter 3. Child Abuse and Neglect › Part 2. Reports and Investigations › 41-3-209. Reports to office of child and family ombudsman

41-3-209. Reports to office of child and family ombudsman.
(1) The department shall report to the office of the child and family ombudsman
within 1 business day, a death of a child who, within the last 12 months:
(a) had been the subject of a report of abuse or neglect;
(b) had been the subject of an investigation of alleged abuse or neglect;
(c) was in out-of-home care at the time of the child's death; or
(d) had received services from the department under a written prevention plan;
(2) The department shall report to the office of the child and family ombudsman within 5 business days:
(a) any criminal act concerning the abuse or neglect of a child;
(b) any critical incident, including but not limited to elopement, a suicide attempt, rape, nonroutine hospitalizations, and neglect or abuse by a substitute care provider, involving a child who is receiving services from the department pursuant to this chapter; or
(c) a third report received within the last 12 months about a child at risk of or who is suspected of being abused or neglected.
(3) The department shall report to the ombudsman as required under 41-3-1212 on its response to findings, conclusions, and recommendations made in cases investigated by the ombudsman.
History: En. Sec. 7, Ch. 354, L. 2015; amd. Sec. 4, Ch. 19, L. 2021; amd. Sec. 1, Ch. 411, L. 2021.
2023 Montana Code Annotated › Title 41. Minors › Chapter 3. Child Abuse and Neglect › Part 2. Reports and Investigations › 41-3-211. Department report to attorney general

41-3-211. Department report to attorney general.
By July 15 of each year, the department shall report to the attorney general and the law and justice interim committee in accordance with 5-11-210 the number of referrals to county attorneys pursuant to 41-3-202(1)(b)(i) that the department made for each county in the previous fiscal year.
History: En. Sec. 1, Ch. 195, L. 2023.
2023 Montana Code Annotated › Title 41. Minors › Chapter 3. Child Abuse and Neglect › Part 2. Reports and Investigations › 41-3-212. Department procedures for reports -- recording -- notifications

41-3-212. Department procedures for reports -- recording -- notifications.
(1) A department employee receiving a report of abuse or neglect pursuant to this part shall:
(a) obtain the information and provide the notifications specified in this section; and
(b) make an audio recording when a report is made by phone. The department shall retain the recording in the same manner as provided for safety and risk assessments in 41-3-202.
(2) A department employee receiving a report of abuse or neglect shall request the following information:
(a) the specific facts giving rise to the reasonable suspicion of child abuse or neglect and the source or sources of the information; and
(b) (i) if the person making the report is required under 41-3-201 to report suspected abuse or neglect, the person's name and telephone number and the capacity that makes the person a mandatory reporter under 41-3-201; or
(ii) if the person making the report is not a mandatory reporter under 41-3-201, the person's name and telephone number. If the person is unwilling to provide the information, the person receiving the report shall notify the caller that if the caller suspects the child is at serious risk of imminent harm, to call 9-1-1 so the call will be prioritized as an emergency.
(3) Reports made under this part are confidential as provided in 41-3-205. The privacy of the person making the report must be protected as provided in 41-3-205(3)(d) and (3)(h).
(4) A department employee receiving a report pursuant to 41-3-201 shall:
(a) to the greatest extent possible, attempt to obtain the name and phone number of the person making the report and document any other identifying information available, including but not limited to the caller's phone number when identified by the phone system; and
(b) if the report is being made by phone, notify the caller that the report is being recorded and the person's identity will be kept confidential.
History: En. Sec. 1, Ch. 382, L. 2023.
2023 Montana Code Annotated › Title 41. Minors › Chapter 3. Child Abuse and Neglect › Part 2. Reports and Investigations › 41-3-215. Right of aggrieved party

41-3-215. Right of aggrieved party.
(1) A person who is alleged to be a perpetrator of abuse or neglect in a report made under this part may file a complaint with the county attorney if the person believes the report was false or made with malicious intent. The county attorney shall investigate the complaint, including obtaining any recordings made of the reports.
(2) If the ombudsman suspects that a report was made with false or malicious intent and may be considered an offense under 45-7-203, the ombudsman shall report the matter to the county attorney having jurisdiction of the matter.
History: En. Sec. 2, Ch. 382, L. 2023.
2023 Montana Code Annotated › Title 41. Minors › Chapter 3. Child Abuse and Neglect › Part 3. Protective Care › 41-3-305. Terminated

41-3-305. Terminated.
Secs. 5, 7, Ch. 141, L. 2017.
History: En. Sec. 1, Ch. 376, L. 2015; amd. Sec. 4, Ch. 141, L. 2017.
2023 Montana Code Annotated › Title 41. Minors › Chapter 3. Child Abuse and Neglect › Part 3. Protective Care › 41-3-306. Emergency protective services hearing -- exception

41-3-306. Emergency protective services hearing -- exception.
(1) (a) A district court shall hold a hearing within 5 business days of a child's removal from the home pursuant to 41-3-301 to determine whether there is probable cause to continue the removal beyond 5 business days.
(b) The department shall provide notification of the hearing as required under 41-3-301.
(c) A hearing is not required if the child is released prior to the time of the required hearing.
(2) The hearing may be held in person, by videoconference, or, if no other means are available, by telephone.
(3) The child and the child's parents, parent, guardian, or other person having physical or legal custody of the child must be represented by counsel at the hearing.
(4) If the court determines that continued out-of-home placement is needed, the court shall:
(a) establish guidelines for visitation by the parents, parent, guardian, or other person having physical or legal custody of the child pending the show cause hearing; and
(b) review the availability of options for a kinship placement and make recommendations if appropriate.
(5) The court may direct the department to develop and implement a treatment plan before the show cause hearing if the parents, parent, guardian or other person having physical or legal custody of the child stipulates to a condition subject to a treatment plan and agrees to immediately comply with the treatment plan if a plan is developed.
(6) If the court determines continued removal is not appropriate, the child must be immediately returned to the parents, parent, guardian, or other person having physical or legal custody of the child.
(7) The emergency protective services hearing is an emergency proceeding for the purposes of the federal Indian Child Welfare Act and is not subject to the notice requirements of that act.
(8) The emergency protective services hearing is an emergency proceeding for the purposes of the Montana Indian Child Welfare Act provided for in Title 41, chapter 3, part 13, and is not subject to the notice requirements of the Montana Indian Child Welfare Act. (Subsection (8) terminates June 30, 2025--sec. 55, Ch. 716, L. 2023.)
History: En. Sec. 1, Ch. 383, L. 2021, Sec. 1, Ch. 529, L. 2021; amd. Sec. 2, Ch. 711, L. 2023; amd. Sec. 31, Ch. 716, L. 2023.
2023 Montana Code Annotated › Title 41. Minors › Chapter 3. Child Abuse and Neglect › Part 3. Protective Care › 41-3-307. Availability of prehearing conferences

41-3-307. Availability of prehearing conferences.
(1) The parents, parent, guardian, or other person having physical or legal custody of a child who has been removed from the home pursuant to 41-3-301 may participate in a conference within 5 days of the child's removal and before an emergency protective services hearing held by the court pursuant to 41-3-306.
(2) A prehearing conference must include the following parties:
(a) the parents, parent, guardian, or other person having physical or legal custody of the child;
(b) the person's legal counsel;
(c) the county attorney's office; and
(d) a department social worker.
(3) To the greatest degree possible using available funding, the meetings must be conducted by an independent and trained facilitator.
(4) At a minimum, the meetings must involve discussion of:
(a) the child's current placement and options for continued placement if the child remains out of the home;
(b) whether other options exist for an in-home safety plan or resource that may allow the child to remain in the home;
(c) parenting time schedules; and
(d) treatment services for the family.
History: En. Sec. 2, Ch. 529, L. 2021; amd. Sec. 3, Ch. 711, L. 2023; amd. Sec. 32, Ch. 716, L. 2023.
2023 Montana Code Annotated › Title 41. Minors › Chapter 3. Child Abuse and Neglect › Part 4. Abuse or Neglect Proceedings › 41-3-405. Combined with 41-5-805 , renumbered 41-3-1123

41-3-405. Combined with 41-5-805, renumbered 41-3-1123.
Sec. 31, Ch. 465, L. 1983.
2023 Montana Code Annotated › Title 41. Minors › Chapter 3. Child Abuse and Neglect › Part 4. Abuse or Neglect Proceedings › 41-3-407. Combined with 41-5-806 , renumbered 41-3-1124

41-3-407. Combined with 41-5-806, renumbered 41-3-1124.
Sec. 31, Ch. 465, L. 1983.
2023 Montana Code Annotated › Title 41. Minors › Chapter 3. Child Abuse and Neglect › Part 4. Abuse or Neglect Proceedings › 41-3-410. Repealed

41-3-410. Repealed.
Sec. 17, Ch. 516, L. 1997.
History: En. Sec. 1, Ch. 599, L. 1991.
2023 Montana Code Annotated › Title 41. Minors › Chapter 3. Child Abuse and Neglect › Part 4. Abuse or Neglect Proceedings › 41-3-413. Repealed

41-3-413. Repealed.
Sec. 16, Ch. 281, L. 2001.
History: En. Sec. 13, Ch. 566, L. 1999.
2023 Montana Code Annotated › Title 41. Minors › Chapter 3. Child Abuse and Neglect › Part 4. Abuse or Neglect Proceedings › 41-3-424. Dismissal

41-3-424. Dismissal.
Unless the petition has been previously dismissed, the court shall dismiss an abuse and neglect petition on the motion of a party, or on its own motion, in any case in which all of the following criteria are met:
(1) a child who has been placed in foster care is reunited with the child's parents and returned home;
(2) the child remains in the home for a minimum of 6 months with no additional confirmed reports of child abuse or neglect; and
(3) the department determines and informs the court that the issues that led to department intervention have been resolved and that no reason exists for further department intervention or monitoring.
History: En. Sec. 6, Ch. 555, L. 2003.
2023 Montana Code Annotated › Title 41. Minors › Chapter 3. Child Abuse and Neglect › Part 4. Abuse or Neglect Proceedings › 41-3-425. Right to counsel

41-3-425. Right to counsel.
(1) Any party involved in a petition filed pursuant to 41-3-422 has the right to counsel in all proceedings held pursuant to the petition.
(2) Except as provided in subsections (3) and (4), the court shall immediately appoint the office of state public defender to assign counsel for:
(a) any indigent parent, guardian, or other person having legal custody of a child or youth in a removal, placement, or termination proceeding pursuant to 41-3-422, pending a determination of eligibility pursuant to 47-1-111;
(b) any child or youth involved in a proceeding under a petition filed pursuant to 41-3-422;
(c) any party entitled to counsel at public expense under the federal Indian Child Welfare Act [or the Montana Indian Child Welfare Act provided for in Title 41, chapter 3, part 13]; and
(d) any child petitioning for reinstatement of parental rights pursuant to 41-3-615.
(3) When appropriate and in accordance with judicial branch policy, the court may assign counsel at the court's expense for a guardian ad litem or a court-appointed special advocate involved in a proceeding under a petition filed pursuant to 41-3-422.
(4) Except as provided in the federal Indian Child Welfare Act [or the Montana Indian Child Welfare Act], a court may not appoint a public defender to a putative father, as defined in 42-2-201, of a child or youth in a removal, placement, or termination proceeding pursuant to 41-3-422 until:
(a) the putative father is successfully served notice of a petition filed pursuant to 41-3-422; and
(b) the putative father makes a request to the court in writing to appoint the office of state public defender to assign counsel. (Bracketed language in subsections (2)(c) and (4) terminates June 30, 2025--sec. 55, Ch. 716, L. 2023.)
History: En. Sec. 15, Ch. 449, L. 2005; amd. Sec. 1, Ch. 511, L. 2007; amd. Sec. 1, Ch. 343, L. 2011; amd. Sec. 1, Ch. 29, L. 2013; amd. Sec. 2, Ch. 52, L. 2017; amd. Sec. 2, Ch. 295, L. 2023; amd. Sec. 1, Ch. 655, L. 2023; amd. Sec. 35, Ch. 716, L. 2023.
2023 Montana Code Annotated › Title 41. Minors › Chapter 3. Child Abuse and Neglect › Part 4. Abuse or Neglect Proceedings › 41-3-428. Service of process -- service by publication -- effect

41-3-428. Service of process -- service by publication -- effect.
(1) Except as otherwise provided in this chapter, service of process must be made as provided in the Montana Rules of Civil Procedure.
(2) If a person cannot be served personally or by certified mail, the person may be served by publication as provided in 41-3-429. Publication constitutes conclusive evidence of service, and a hearing must then proceed at the time and date set, with or without the appearance of the person served by publication. At or after the hearing, the court may issue an order that will adjudicate the interests of the person served by publication.
(3) If a parent cannot be identified or found prior to the initial hearings allowed by part 4, the court may grant the following relief, pending service by publication on the parent who cannot be identified or found and based upon service of process on only the parent, guardian, or other person having legal custody of the child:
(a) immediate protection;
(b) temporary investigative authority; and
(c) temporary legal custody.
History: En. Sec. 1, Ch. 83, L. 2001; amd. Sec. 2, Ch. 118, L. 2005.
2023 Montana Code Annotated › Title 41. Minors › Chapter 3. Child Abuse and Neglect › Part 4. Abuse or Neglect Proceedings › 41-3-429. Service by publication -- summons -- form

41-3-429. Service by publication -- summons -- form.
(1) Before service by publication is authorized in a proceeding under this chapter, the department shall file with the court an affidavit stating that, after due diligence, the person cannot be identified or found and stating the diligent efforts made to identify, locate, and serve the person. The affidavit is sufficient evidence of the diligence of any inquiry made by the department. The affidavit may be combined with any other affidavit filed by the department. Upon complying with this subsection, the department may obtain an order for the service to be made upon the party by publication. The order may be issued by either the judge or the clerk of the court.
(2) Service by publication must be made by publishing notice three times, once each week for 3 successive weeks:
(a) in a newspaper in a community in which the publication can reasonably be calculated to be seen by the person, based upon the last-known address or whereabouts, if known, of the person if in the state of Montana; or
(b) if no last-known address exists, if the last-known address is outside Montana, or if the identity of the person is unknown, in a newspaper in the county in which the action is pending, if a newspaper is published in the county, and, if a newspaper is not published in the county, in a newspaper published in an adjoining county and having a general circulation in the county.
(3) Service by publication is complete on the date of the last publication required by subsection (2).
(4) A summons required under this chapter must:
(a) be directed to the parent, legal guardian, other person having legal custody of the child, or any other person who is required to be served; and
(b) be signed by the clerk of court, be under the seal of the court, and contain:
(i) the name of the court and the cause number;
(ii) the initials of the child who is the subject of the proceedings;
(iii) the name of the child's parents, if known;
(iv) the time within which an interested person shall appear;
(v) the department's address;
(vi) a statement in general terms of the nature of the proceedings, including the date and place of birth of the child, the date and place of the hearing, and the phone number of the clerk of the court in which the hearing is scheduled; and
(vii) notification apprising the person served by publication that failure to appear at the hearing will constitute a denial of interest in the child, which denial may result, without further notice of this proceeding or any subsequent proceeding, in judgment by default being entered for the relief requested in the petition.
History: En. Sec. 2, Ch. 83, L. 2001; amd. Sec. 3, Ch. 118, L. 2005.