reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 40. Family Law › Chapter 16. Family Law Arbitration › Part 1. Uniform Family Law Arbitration Act › 40-16-118. Correction by court of unconfirmed award

40-16-118. Correction by court of unconfirmed award.
(1) On motion of a party made not later than 90 days after an arbitrator gives notice under 40-16-115(1) of an award, including an award corrected under 40-16-117, the court shall correct the award if:
(a) the award has an evident mathematical miscalculation or an evident mistake in the description of a person, thing, or property;
(b) the award is imperfect in a manner of form not affecting the merits of the issues submitted; or
(c) the arbitrator made an award on a dispute not submitted to the arbitrator and the award may be corrected without affecting the merits of the issues submitted.
(2) A motion under this section to correct an award may be joined with a motion to vacate or amend the award under 40-16-119.
(3) Unless a motion under 40-16-119 is pending, the court may confirm a corrected award under 40-16-116.
History: En. Sec. 18, Ch. 32, L. 2021.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 16. Family Law Arbitration › Part 1. Uniform Family Law Arbitration Act › 40-16-119. Vacation or amendment by court of unconfirmed award

40-16-119. Vacation or amendment by court of unconfirmed award.
(1) On motion of a party, the court shall vacate an unconfirmed award if the moving party establishes that:
(a) the award was procured by corruption, fraud, or other undue means;
(b) there was:
(i) evident partiality by the arbitrator;
(ii) corruption by the arbitrator; or
(iii) misconduct by the arbitrator substantially prejudicing the rights of a party;
(c) the arbitrator refused to postpone a hearing on showing of sufficient cause for postponement, refused to consider evidence material to the controversy, or otherwise conducted the hearing contrary to 40-16-113, so as to prejudice substantially the rights of a party;
(d) the arbitrator exceeded the arbitrator's powers;
(e) no arbitration agreement exists, unless the moving party participated in the arbitration without making a motion under 40-16-107 not later than the beginning of the first arbitration hearing; or
(f) the arbitration was conducted without proper notice under 40-16-106 of the initiation of arbitration, so as to prejudice substantially the rights of a party.
(2) Except as otherwise provided in subsection (3), on motion of a party, the court shall vacate an unconfirmed award that determines a child-related dispute if the moving party establishes that:
(a) the award does not comply with 40-16-115 or Title 40;
(b) the record of the hearing or the statement of reasons in the award is inadequate for the court to review the award; or
(c) a ground for vacating the award under subsection (1) exists.
(3) If an award is subject to vacation under subsection (2)(a), on motion of a party, the court may amend the award if amending rather than vacating is in the best interests of the child.
(4) The court shall determine a motion under subsection (2) or (3) based on the record of the arbitration hearing and facts occurring after the hearing.
(5) A motion under this section to vacate or amend an award must be filed not later than 90 days:
(a) after an arbitrator gives the party filing the motion notice of the award or a corrected award; or
(b) for a motion under subsection (1)(a), after the ground of corruption, fraud, or other undue means is known or by the exercise of reasonable care should have been known to the party filing the motion.
(6) If the court under this section vacates an award for a reason other than the absence of an enforceable arbitration agreement, the court may order a rehearing before an arbitrator. If the reason for vacating the award is that the award was procured by corruption, fraud, or other undue means or there was evident partiality, corruption, or misconduct by the arbitrator, the rehearing must be before another arbitrator.
(7) If the court under this section denies a motion to vacate or amend an award, the court may confirm the award under 40-16-116 unless a motion is pending under 40-16-118.
History: En. Sec. 19, Ch. 32, L. 2021.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 16. Family Law Arbitration › Part 1. Uniform Family Law Arbitration Act › 40-16-120. Clarification of confirmed award

40-16-120. Clarification of confirmed award.
If the meaning or effect of an award confirmed under 40-16-116 is in dispute, the parties may:
(1) agree to arbitrate the dispute before the original arbitrator or another arbitrator; or
(2) proceed in court under the law of this state governing clarification of a judgment.
History: En. Sec. 20, Ch. 32, L. 2021.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 16. Family Law Arbitration › Part 1. Uniform Family Law Arbitration Act › 40-16-121. Judgment on award

40-16-121. Judgment on award.
(1) On granting an order confirming, vacating without directing a rehearing, or amending an award under this part, the court shall enter judgment in conformity with the order.
(2) On motion of a party, the court may order that a document or part of the arbitration record be sealed or redacted to prevent public disclosure of all or part of the record or award to the extent permitted under the law of this state.
History: En. Sec. 21, Ch. 32, L. 2021.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 16. Family Law Arbitration › Part 1. Uniform Family Law Arbitration Act › 40-16-122. Modification of confirmed award or judgment

40-16-122. Modification of confirmed award or judgment.
If a party requests under the law of this state a modification of an award confirmed under 40-16-116 or judgment on the award based on a fact occurring after confirmation:
(1) the parties shall proceed under the dispute resolution method specified in the award or judgment; or
(2) if the award or judgment does not specify a dispute resolution method, the parties may:
(a) agree to arbitrate the modification before the original arbitrator or another arbitrator; or
(b) absent agreement, proceed under the appropriate law of this state governing modification of a judgment.
History: En. Sec. 22, Ch. 32, L. 2021.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 16. Family Law Arbitration › Part 1. Uniform Family Law Arbitration Act › 40-16-123. Enforcement of confirmed award

40-16-123. Enforcement of confirmed award.
(1) The court shall enforce an award confirmed under 40-16-116, including a temporary award, in the manner and to the same extent as any other order or judgment of a court.
(2) The court shall enforce an arbitration award in a family law dispute confirmed by a court in another state in the manner and to the same extent as any other order or judgment from another state.
History: En. Sec. 23, Ch. 32, L. 2021.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 16. Family Law Arbitration › Part 1. Uniform Family Law Arbitration Act › 40-16-124. Appeal

40-16-124. Appeal.
(1) An appeal may be taken under this part from:
(a) an order confirming or denying confirmation of an award;
(b) an order correcting an award;
(c) an order vacating an award without directing a rehearing; or
(d) a final judgment.
(2) An appeal under this section may be taken as from an order or a judgment in a civil action.
History: En. Sec. 24, Ch. 32, L. 2021.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 16. Family Law Arbitration › Part 1. Uniform Family Law Arbitration Act › 40-16-125. Immunity of arbitrator

40-16-125. Immunity of arbitrator.
(1) (a) An arbitrator or arbitration organization acting in that capacity in a family law dispute is immune from civil liability to the same extent as a judge of a court of this state acting in a judicial capacity.
(b) The civil immunity provisions of this subsection (1) do not apply to a person employed by or an entity operated by the state or a political subdivision of the state.
(2) The immunity provided by this section supplements any immunity under law of this state.
(3) An arbitrator's failure to make a disclosure required by 40-16-109 does not cause the arbitrator to lose immunity under this section.
(4) An arbitrator is not competent to testify, and may not be required to produce records, in a judicial, administrative, or similar proceeding about a statement, conduct, decision, or ruling occurring during arbitration, to the same extent as a judge of a court of this state acting in judicial capacity. This subsection does not apply:
(a) to the extent disclosure is necessary to determine a claim by the arbitrator or arbitration organization against a party to the arbitration; or
(b) to a hearing on a motion under 40-16-119(1)(a) or (1)(b) to vacate an award, if there is prima facie evidence that a ground for vacating the award exists.
(5) If a person commences a civil action against an arbitrator arising from the services of the arbitrator or seeks to compel the arbitrator to testify or produce records in violation of subsection (4) and the court determines that the arbitrator is immune from civil liability or is not competent to testify or required to produce the records, the court shall award the arbitrator reasonable attorney fees, costs, and reasonable expenses of litigation.
History: En. Sec. 25, Ch. 32, L. 2021.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 16. Family Law Arbitration › Part 1. Uniform Family Law Arbitration Act › 40-16-126. Uniformity of application and construction

40-16-126. Uniformity of application and construction.
In applying and construing this part, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
History: En. Sec. 26, Ch. 32, L. 2021.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 16. Family Law Arbitration › Part 1. Uniform Family Law Arbitration Act › 40-16-127. Relation to electronic signatures in global and national commerce act

40-16-127. Relation to electronic signatures in global and national commerce act.
This part modifies, limits, or supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. 7001 et seq., but does not modify, limit, or supersede section 101(c) of that act, 15 U.S.C. 7001(c), or authorize electronic delivery of any of the notices described in section 103(b) of that act, 15 U.S.C. 7003(b).
History: En. Sec. 27, Ch. 32, L. 2021.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 16. Family Law Arbitration › Part 1. Uniform Family Law Arbitration Act › 40-16-128. Transition

40-16-128. Transition.
This part applies to arbitration of a family law dispute under an arbitration agreement made on or after October 1, 2021. If an arbitration agreement was made before October 1, 2021, the parties may agree in a record that this part applies to the arbitration.
History: En. Sec. 28, Ch. 32, L. 2021.
2023 Montana Code Annotated › Title 41. Minors › Chapter 1. Rights and Obligations of Minors › Part 1. Minority › 41-1-101. Minors and adults defined

41-1-101. Minors and adults defined.
(1) Minors are:
(a) males under 18 years of age;
(b) females under 18 years of age.
(2) All other persons are adults.
History: En. Secs. 10, 12, Civ. C. 1895; re-en. Secs. 3584, 3586, Rev. C. 1907; re-en. Sec. 5673, R.C.M. 1921; Cal. Civ. C. Sec. 25; Field Civ. C. Sec. 11; re-en. Sec. 5673, R.C.M. 1935; amd. Sec. 16, Ch. 240, L. 1971; amd. Sec. 23, Ch. 94, L. 1973; R.C.M. 1947, 64-101.
2023 Montana Code Annotated › Title 41. Minors › Chapter 1. Rights and Obligations of Minors › Part 1. Minority › 41-1-102. Periods of minority -- how calculated

41-1-102. Periods of minority -- how calculated.
The periods specified in 41-1-101 must be calculated from the first minute of the day on which persons are born to the same minute of the corresponding day completing the period of minority.
History: En. Sec. 11, Civ. C. 1895; re-en. Sec. 3585, Rev. C. 1907; re-en. Sec. 5674, R.C.M. 1921; Cal. Civ. C. Sec. 26; re-en. Sec. 5674, R.C.M. 1935; R.C.M. 1947, 64-102.
2023 Montana Code Annotated › Title 41. Minors › Chapter 1. Rights and Obligations of Minors › Part 1. Minority › 41-1-103. Unborn children

41-1-103. Unborn children.
A child conceived but not yet born is to be deemed an existing person, so far as may be necessary for its interests in the event of its subsequent birth.
History: En. Sec. 13, Civ. C. 1895; re-en. Sec. 3587, Rev. C. 1907; re-en. Sec. 5675, R.C.M. 1921; Cal. Civ. C. Sec. 29; Field Civ. C. Sec. 12; re-en. Sec. 5675, R.C.M. 1935; R.C.M. 1947, 64-103.
2023 Montana Code Annotated › Title 41. Minors › Chapter 1. Rights and Obligations of Minors › Part 2. Civil Actions Concerning Minors › 41-1-201. Liability of minors for wrongs -- exemplary damages

41-1-201. Liability of minors for wrongs -- exemplary damages.
A minor is civilly liable for a wrong done by the minor but is not liable for exemplary damages unless at the time of the act, the minor was capable of knowing that it was wrongful.
History: En. Sec. 24, Civ. C. 1895; re-en. Sec. 3598, Rev. C. 1907; re-en. Sec. 5686, R.C.M. 1921; Cal. Civ. C. Sec. 41; re-en. Sec. 5686, R.C.M. 1935; R.C.M. 1947, 64-113(part); amd. Sec. 1588, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 41. Minors › Chapter 1. Rights and Obligations of Minors › Part 2. Civil Actions Concerning Minors › 41-1-202. Enforcement of minor's rights

41-1-202. Enforcement of minor's rights.
A minor may enforce the minor's rights by civil action or other legal proceedings in the same manner as a person of full age, except that a guardian shall conduct the action or proceedings.
History: En. Sec. 25, Civ. C. 1895; re-en. Sec. 3599, Rev. C. 1907; re-en. Sec. 5687, R.C.M. 1921; Cal. Civ. C. Sec. 42; Field Civ. C. Sec. 25; re-en. Sec. 5687, R.C.M. 1935; R.C.M. 1947, 64-114; amd. Sec. 1589, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 41. Minors › Chapter 1. Rights and Obligations of Minors › Part 3. Power to Contract › 41-1-301. Delegation of power by minors forbidden

41-1-301. Delegation of power by minors forbidden.
A minor cannot give a delegation of power.
History: En. Sec. 16, Civ. C. 1895; re-en. Sec. 3590, Rev. C. 1907; re-en. Sec. 5678, R.C.M. 1921; Cal. Civ. C. Sec. 33; Field Civ. C. Sec. 15; re-en. Sec. 5678, R.C.M. 1935; R.C.M. 1947, 64-105.
2023 Montana Code Annotated › Title 41. Minors › Chapter 1. Rights and Obligations of Minors › Part 3. Power to Contract › 41-1-302. Contracts of minors -- disaffirmance

41-1-302. Contracts of minors -- disaffirmance.
A minor may make a conveyance or other contract in the same manner as any other person, subject only to the minor's power of disaffirmance under the provisions of this chapter and to the provisions of Title 40, chapter 1.
History: En. Sec. 17, Civ. C. 1895; re-en. Sec. 3591, Rev. C. 1907; re-en. Sec. 5679, R.C.M. 1921; Cal. Civ. C. Sec. 34; Field Civ. C. Sec. 16; re-en. Sec. 5679, R.C.M. 1935; R.C.M. 1947, 64-106; amd. Sec. 1590, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 41. Minors › Chapter 1. Rights and Obligations of Minors › Part 3. Power to Contract › 41-1-303. Capacity of minors to borrow money for education

41-1-303. Capacity of minors to borrow money for education.
A minor who contracts to borrow money to defray the expenses of attending any college or university or other institution of higher education beyond high school has full legal capacity to act on the minor's own behalf and has all the rights, powers, and privileges and is subject to the obligations of persons of full age with respect to those contracts.
History: En. Sec. 1, Ch. 34, L. 1963; R.C.M. 1947, 64-106.1; amd. Sec. 1591, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 41. Minors › Chapter 1. Rights and Obligations of Minors › Part 3. Power to Contract › 41-1-304. When minors may disaffirm

41-1-304. When minors may disaffirm.
(1) Except as provided in subsection (2), in all cases other than those specified by 41-1-303, 41-1-305, and 41-1-306, the contract of a minor may, upon restoring the consideration to the party from whom it was received, be disaffirmed by the minor, either before the minor reaches majority or within a reasonable time afterwards, or, in case of the minor's death within that period, by the minor's heirs or personal representatives.
(2) A minor subject to the provisions of 31-1-115 is not required to restore any consideration received from the issuer of a credit card or similar loan advance access device that has not obtained the consent of the minor's parent or legal guardian before issuing the card or similar loan advance access device to the minor.
History: En. Sec. 18, Civ. C. 1895; re-en. Sec. 3592, Rev. C. 1907; re-en. Sec. 5680, R.C.M. 1921; Cal. Civ. C. Sec. 35; Field Civ. C. Sec. 17; re-en. Sec. 5680, R.C.M. 1935; R.C.M. 1947, 64-107; amd. Sec. 1, Ch. 29, L. 1979; amd. Sec. 2, Ch. 21, L. 1997.
2023 Montana Code Annotated › Title 41. Minors › Chapter 1. Rights and Obligations of Minors › Part 3. Power to Contract › 41-1-305. Minor may not disaffirm contract for necessaries

41-1-305. Minor may not disaffirm contract for necessaries.
(1) A minor may not disaffirm a contract, otherwise valid, to pay the reasonable value of things necessary to support the minor or the minor's family that was entered into by the minor when not under the care of a parent or guardian able to provide for the minor or the minor's family.
(2) For the purposes of this section, the phrase "necessary to support the minor or the minor's family" includes housing.
History: En. Sec. 19, Civ. C. 1895; re-en. Sec. 3593, Rev. C. 1907; re-en. Sec. 5681, R.C.M. 1921; Cal. Civ. C. Sec. 36; Field Civ. C. Sec. 18; re-en. Sec. 5681, R.C.M. 1935; R.C.M. 1947, 64-108(part); amd. Sec. 1592, Ch. 56, L. 2009; amd. Sec. 1, Ch. 47, L. 2021.
2023 Montana Code Annotated › Title 41. Minors › Chapter 1. Rights and Obligations of Minors › Part 3. Power to Contract › 41-1-306. Minor may not disaffirm certain obligations

41-1-306. Minor may not disaffirm certain obligations.
A minor may not disaffirm an obligation, otherwise valid, entered into by the minor under the express authority or direction of a statute or when the minor has been granted limited emancipation, including a specific right to enter into contracts, under 41-1-503 and 41-3-438.
History: En. Sec. 20, Civ. C. 1895; re-en. Sec. 3594, Rev. C. 1907; re-en. Sec. 5682, R.C.M. 1921; Cal. Civ. C. Sec. 37; Field Civ. C. Sec. 19; re-en. Sec. 5682, R.C.M. 1935; R.C.M. 1947, 64-109; amd. Sec. 6, Ch. 564, L. 1983; amd. Sec. 1593, Ch. 56, L. 2009; amd. Sec. 1, Ch. 179, L. 2009.
2023 Montana Code Annotated › Title 41. Minors › Chapter 1. Rights and Obligations of Minors › Part 4. Consent for Health Services › 41-1-401. Definitions

41-1-401. Definitions.
As used in this part, the following definitions apply:
(1) "Emancipated minor" means an individual under 18 years of age who:
(a) is or has been married;
(b) is separated from the individual's parent, parents, or legal guardian and is self-supporting; or
(c) has been granted the right to consent to medical treatment pursuant to an order of limited emancipation granted by a court pursuant to 41-3-438.
(2) "Health care facility" has the meaning provided in 50-5-101.
(3) "Health professional" includes only those persons licensed in Montana as physicians, psychiatrists, psychologists, advanced practice registered nurses, dentists, physician assistants, professional counselors, or social workers.
History: En. 69-6105.1 by Sec. 6, Ch. 312, L. 1974; R.C.M. 1947, 69-6105.1; amd. Sec. 1, Ch. 396, L. 2003; amd. Sec. 21, Ch. 519, L. 2005.
2023 Montana Code Annotated › Title 41. Minors › Chapter 1. Rights and Obligations of Minors › Part 4. Consent for Health Services › 41-1-402. Validity of consent of minor for health services

41-1-402. Validity of consent of minor for health services.
(1) This part does not limit the right of an emancipated minor to consent to the provision of health services or to control access to protected health care information under applicable law.
(2) The consent to the provision of health services and to control access to protected health care information by a health care facility or to the performance of health services by a health professional may be given by a minor when the health professional, in good faith and with a reasonable belief supported by fact, determines that the minor meets any of the following descriptions:
(a) the minor professes to be or to have been married or to have had a child or to have graduated from high school;
(b) the minor professes to be or is found to be separated from the minor's parent, parents, or legal guardian for whatever reason and is providing self-support by whatever means;
(c) the minor professes or is found to be pregnant or afflicted with any reportable communicable disease, including a sexually transmitted disease, or drug and substance abuse, including alcohol. This self-consent applies only to the prevention, diagnosis, and treatment of those conditions specified in this subsection (2)(c). The self-consent in the case of pregnancy, a sexually transmitted disease, or drug and substance abuse also obliges the health professional, if the health professional accepts the responsibility for treatment, to counsel the minor or to refer the minor to another health professional for counseling.
(d) the minor needs emergency care, including transfusions, necessary to prevent serious injury or harm to the minor. If emergency care is rendered, the parent, parents, or legal guardian must be informed as soon as practical except under the circumstances mentioned in this subsection (2).
(3) A minor who has had a child may give effective consent to health service for the child.
(4) A minor may give consent for health care for the minor's spouse if the spouse is unable to give consent by reason of physical or mental incapacity.
History: En. Sec. 1, Ch. 189, L. 1969; amd. Sec. 1, Ch. 312, L. 1974; amd. Sec. 23, Ch. 100, L. 1977; R.C.M. 1947, 69-6101; amd. Sec. 14, Ch. 440, L. 1989; amd. Sec. 188, Ch. 42, L. 1997; amd. Sec. 2, Ch. 396, L. 2003; amd. Sec. 4, Ch. 527, L. 2023.
2023 Montana Code Annotated › Title 41. Minors › Chapter 1. Rights and Obligations of Minors › Part 4. Consent for Health Services › 41-1-403. Release of information by health professional

41-1-403. Release of information by health professional.
(1) Except with regard to an emancipated minor, a health professional shall inform the parent, custodian, or guardian of a minor in the circumstances enumerated in 41-1-402 of any treatment given or needed when:
(a) in the judgment of the health professional, severe complications are present or anticipated;
(b) major surgery or prolonged hospitalization is needed;
(c) failure to inform the parent, parents, or legal guardian would seriously jeopardize the safety and health of the minor patient, younger siblings, or the public;
(d) informing them would benefit the minor's physical and mental health and family harmony; or
(e) the health professional or health care facility providing treatment desires a third-party commitment to pay for services rendered or to be rendered.
(2) Notification or disclosure to the parent, parents, or legal guardian by the health professional may not constitute libel or slander, a violation of the right of privacy, a violation of the rule of privileged communication, or any other legal basis of liability. If the minor is found not to be pregnant or not afflicted with a sexually transmitted disease or not suffering from drug abuse or substance abuse, including alcohol, then information with respect to any appointment, examination, test, or other health procedure may not be given to the parent, parents, or legal guardian, if they have not already been informed as permitted in this part, without the consent of the minor.
History: En. Sec. 2, Ch. 189, L. 1969; amd. Sec. 2, Ch. 312, L. 1974; R.C.M. 1947, 69-6102; amd. Sec. 15, Ch. 440, L. 1989; amd. Sec. 3, Ch. 396, L. 2003; amd. Sec. 5, Ch. 527, L. 2023.
2023 Montana Code Annotated › Title 41. Minors › Chapter 1. Rights and Obligations of Minors › Part 4. Consent for Health Services › 41-1-404. Financial responsibility of minor

41-1-404. Financial responsibility of minor.
Consent of the minor shall not be subject to later disaffirmance or revocation because of minority. The spouse, parent, parents, or legal guardian of a consenting minor shall not be liable for payment for such service unless the spouse, parent, parents, or legal guardian have expressly agreed to pay for such care. Minors so consenting for such health services shall thereby assume financial responsibility for the cost of said services, except those who are proven unable to pay and who receive the services in public institutions. If the minor is covered by health insurance, payment may be applied for services rendered.
History: En. Sec. 3, Ch. 189, L. 1969; amd. Sec. 3, Ch. 312, L. 1974; R.C.M. 1947, 69-6103.
2023 Montana Code Annotated › Title 41. Minors › Chapter 1. Rights and Obligations of Minors › Part 4. Consent for Health Services › 41-1-405. Emergencies and special situations

41-1-405. Emergencies and special situations.
(1) A health professional may render or attempt to render emergency service or first aid, medical, surgical, dental, or psychiatric treatment, without compensation, to any injured person or any person regardless of age who is in need of immediate health care when, in good faith and with a reasonable belief supported by fact, the professional believes that the giving of aid is the only alternative to probable death or irreparable physical damage.
(2) Consent may not be required of a minor who does not possess the mental capacity or who has a physical disability that renders the minor incapable of giving consent and who, after a diligent search, has no known relatives or legal guardians, if a physician determines that the health service is the only alternative to probable death or irreparable physical damage.
(3) Self-consent of minors does not apply to sterilization or abortion, except as provided in Title 50, chapter 20, part 5.
History: En. Sec. 4, Ch. 189, L. 1969; amd. Sec. 4, Ch. 312, L. 1974; R.C.M. 1947, 69-6104; amd. Sec. 11, Ch. 469, L. 1995; amd. Sec. 10, Ch. 307, L. 2011; amd. Sec. 12, Ch. 307, L. 2013; amd. Sec. 6, Ch. 527, L. 2023.
2023 Montana Code Annotated › Title 41. Minors › Chapter 1. Rights and Obligations of Minors › Part 4. Consent for Health Services › 41-1-406. Repealed

41-1-406. Repealed.
Sec. 8, Ch. 527, L. 2023.
History: En. Sec. 1, Ch. 315, L. 1971; amd. Sec. 24, Ch. 100, L. 1977; R.C.M. 1947, 69-6106; amd. Sec. 1594, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 41. Minors › Chapter 1. Rights and Obligations of Minors › Part 4. Consent for Health Services › 41-1-407. Immunity and responsibility of physician or health care facility

41-1-407. Immunity and responsibility of physician or health care facility.
(1) A physician, surgeon, dentist, or health or mental health care facility may not be compelled against the entity's best judgment to treat a minor on the minor's own consent.
(2) This section may not be construed to relieve any physician, surgeon, dentist, or health or mental health care facility from liability for negligence in the diagnosis and treatment rendered a minor.
History: (1), (2)En. Sec. 5, Ch. 189, L. 1969; amd. Sec. 5, Ch. 312, L. 1974; Sec. 69-6105, R.C.M. 1947; (3)En. Sec. 2, Ch. 315, L. 1971; Sec. 69-6107, R.C.M. 1947; R.C.M. 1947, 69-6105, 69-6107; amd. Sec. 1595, Ch. 56, L. 2009; amd. Sec. 7, Ch. 527, L. 2023.
2023 Montana Code Annotated › Title 41. Minors › Chapter 1. Rights and Obligations of Minors › Part 5. Limited Emancipation › 41-1-501. Petition for limited emancipation

41-1-501. Petition for limited emancipation.
(1) A youth who is 16 years of age or older, the youth's parent, or the department of public health and human services may petition the court for an order granting limited emancipation to the youth.
(2) The petition for limited emancipation must be in writing and must set forth:
(a) the name, age, and address of the youth;
(b) the names and addresses of:
(i) the parents of the youth;
(ii) any legal guardian of the youth; or
(iii) if no parent or guardian can be found, the last-known address of the youth's parent or guardian and the name and address of the youth's nearest known relative residing in the state;
(c) that limited emancipation is in the youth's best interests;
(d) that the youth desires limited emancipation;
(e) that there exists no public interest compelling denial of limited emancipation;
(f) that the youth has, or will reasonably obtain, money sufficient to pay for financial obligations incurred as a result of limited emancipation;
(g) that the youth, as shown by prior conduct and preparation, understands and may be expected to responsibly exercise those rights and responsibilities incurred as a result of limited emancipation;
(h) that the youth has graduated or will continue to diligently pursue graduation from high school, unless circumstances clearly compel deferral of education; and
(i) that, if it is considered necessary by the court, the youth will undergo periodic counseling with an appropriate advisor.
History: En. Sec. 5, Ch. 564, L. 1983; amd. Sec. 8, Ch. 696, L. 1991; amd. Sec. 16, Ch. 458, L. 1995; amd. Sec. 17(3)(b), Ch. 281, L. 2001; Sec. 41-3-408, MCA 1999; redes. 41-1-501 by Sec. 17(3)(b), Ch. 281, L. 2001; amd. Sec. 2, Ch. 179, L. 2009.
2023 Montana Code Annotated › Title 41. Minors › Chapter 1. Rights and Obligations of Minors › Part 5. Limited Emancipation › 41-1-502. Hearing and notice

41-1-502. Hearing and notice.
(1) At least 10 days before the petition for limited emancipation is heard, notice that the court determines is reasonable must be given to the youth's parent, guardian, or other person identified in 41-1-501(2)(b). Service must be waived if proof is made to the court that the address of the parents or legal guardian is unavailable or unascertainable.
(2) The notice must include the date and place of hearing and a form on which the youth's parents, legal guardian, or other person entitled to the custody of the youth may give the person's written consent to the limited emancipation.
History: En. Sec. 3, Ch. 179, L. 2009.
2023 Montana Code Annotated › Title 41. Minors › Chapter 1. Rights and Obligations of Minors › Part 5. Limited Emancipation › 41-1-503. Order of limited emancipation

41-1-503. Order of limited emancipation.
(1) Limited emancipation may be granted only if the court has found that the youth satisfies the requirements of 41-1-501(2)(c) through (2)(i).
(2) An order of limited emancipation must specifically set forth the rights and responsibilities that are being conferred upon the youth. These may include but are not limited to one or more of the following:
(a) the right to live independently of in-house supervision;
(b) the right to live in housing of the youth's choice;
(c) the right to directly receive and expend money to which the youth is entitled and to conduct the youth's own financial affairs;
(d) the right to enter into contractual agreements and incur debts;
(e) the right to obtain access to medical treatment and records upon the youth's own authorization; and
(f) the right to obtain a license to operate equipment or perform a service.
(3) An order of limited emancipation must include a provision requiring that the youth make periodic reports to the court subject to terms prescribed by the court.
(4) The court, on its own motion or on the motion of the county attorney or any parties to the dispositional hearing, may modify or revoke the order upon a showing that:
(a) the youth has committed a material violation of the law;
(b) the youth has violated a condition of the limited emancipation order; or
(c) the best interests of the youth are no longer served by limited emancipation.
History: En. Sec. 4, Ch. 179, L. 2009.
2023 Montana Code Annotated › Title 41. Minors › Chapter 2. Child Labor › Part 1. Child Labor Standards Act › 41-2-101. Repealed

41-2-101. Repealed.
Sec. 14, Ch. 391, L. 1993.
History: En. Sec. 1, Ch. 99, L. 1907; Sec. 1746, Rev. C. 1907; re-en. Sec. 3095, R.C.M. 1921; re-en. Sec. 3095, R.C.M. 1935; R.C.M. 1947, 10-201.
2023 Montana Code Annotated › Title 41. Minors › Chapter 2. Child Labor › Part 1. Child Labor Standards Act › 41-2-103. Definitions

41-2-103. Definitions.
As used in this part, the following definitions apply:
(1) "Agriculture" means:
(a) all aspects of farming, including the cultivation and tillage of the soil;
(b) (i) dairying; and
(ii) the production, cultivation, growing, and harvesting of any agricultural or horticultural commodities, including commodities defined as agricultural commodities in the federal Agricultural Marketing Act, 12 U.S.C. 1141j(g);
(c) the raising of livestock, bees, fur-bearing animals, or poultry; and
(d) any practices, including forestry or lumbering operations, performed by a farmer or on a farm as an incident to or in conjunction with farming operations, including preparation for market or delivery to storage, to market, or to carriers for transportation to market.
(2) "Department" means the department of labor and industry provided for in 2-15-1701.
(3) "Domestic service" means an occasional, irregular, or incidental nonhazardous occupational activity related to and conducted in or around a private residence, including but not limited to babysitting, pet sitting or similar household chore, and manual yard work. Domestic service specifically excludes industrial homework.
(4) (a) "Employed" or "employment" means an occupation engaged in, permitted, or suffered, with or without compensation in money or other valuable consideration, whether paid to the minor or to some other person, including but not limited to occupations as servant, agent, subagent, or independent contractor.
(b) The term does not include casual, community service, nonrevenue raising, uncompensated activities.
(5) "Employer" includes an individual, partnership, association, corporation, business trust, person, or group of persons acting directly or indirectly in the interest of an employer in relation to an employee.
(6) "Minor" means an individual under 18 years of age, except for an individual who:
(a) has received a high school diploma or a high school equivalency diploma;
(b) is 16 years of age or older and is enrolled in a registered state or federal apprenticeship program; or
(c) is 16 years of age or older and is a student-employee under the direct and close supervision of a qualified and experienced person with experience in the occupation in which the minor is employed as provided in 41-2-110.
(7) "Occupation" means:
(a) an occupation, service, trade, business, or industry in which employees are employed;
(b) any branch or group of industries in which employees are employed; or
(c) any employment or class of employment in which employees are employed.
History: En. Sec. 2, Ch. 391, L. 1993; amd. Sec. 59, Ch. 2, L. 2009; amd. Sec. 19, Ch. 55, L. 2015; amd. Sec. 1, Ch. 135, L. 2021.
2023 Montana Code Annotated › Title 41. Minors › Chapter 2. Child Labor › Part 1. Child Labor Standards Act › 41-2-104. Exemptions

41-2-104. Exemptions.
The provisions of this part do not apply to a minor who is employed:
(1) in an agricultural occupation not otherwise prohibited by this part and who has received written consent from the minor's parents or a person standing in place of the parent who works on a farm or ranch where the parent or person is also employed;
(2) in domestic service or an agricultural pursuit performed outside school hours in connection with a home or a farm owned or operated by the minor's parent or by a person standing in place of the parent;
(3) by the parent or a person standing in place of the parent;
(4) during periods of school vacations on a campsite of a nonprofit corporation engaged in citizenship training and character building;
(5) as an actor, model, or performer;
(6) outside school hours by a home owner in casual work usual to the home of the home owner and not in connection with the home owner's business, trade, or profession;
(7) by the legislature as a legislative aide or page;
(8) in the distribution or sale of or in the collection for newspapers, periodicals, or circulars; or
(9) as an official or referee for a nonprofit athletic organization. A minor who is under the age of 14 may not officiate at adult events or activities.
History: En. Sec. 3, Ch. 391, L. 1993; amd. Sec. 1, Ch. 89, L. 1995.
2023 Montana Code Annotated › Title 41. Minors › Chapter 2. Child Labor › Part 1. Child Labor Standards Act › 41-2-105. Prohibited employment of minors under 14 years of age

41-2-105. Prohibited employment of minors under 14 years of age.
Except as provided in 41-2-104, a minor who is under 14 years of age may not be employed in or in connection with an occupation.
History: En. Sec. 4, Ch. 391, L. 1993.
2023 Montana Code Annotated › Title 41. Minors › Chapter 2. Child Labor › Part 1. Child Labor Standards Act › 41-2-106. Prohibited employment of minors who are 14 and 15 years of age

41-2-106. Prohibited employment of minors who are 14 and 15 years of age.
Unless otherwise exempted, a minor 14 or 15 years of age may not be employed in the prohibited occupations in 41-2-107 or in:
(1) a manufacturing occupation;
(2) a processing occupation, including but not limited to filleting fish, dressing poultry, cracking nuts, or laundering and drycleaning;
(3) an occupation that requires the performance of duties in a workroom or workplace where goods are manufactured, mined, or processed;
(4) the operation or tending of a hoisting apparatus or of power-driven machinery;
(5) an occupation in connection with:
(a) transporting persons or property by rail, highway, air, water, pipeline, or other means;
(b) warehousing and storage;
(c) communication and public utilities; or
(d) construction or repair;
(6) an occupation in a retail, food service, or gasoline establishment, including:
(a) work performed in or around a boiler or an engine room;
(b) work in connection with the maintenance or the repair of an establishment, machine, or equipment;
(c) outside window washing that involves working from windowsills and all work requiring the use of ladders, scaffolds, or their substitutes at a height of more than 20 feet;
(d) an occupation that involves operating, assembling, adjusting, cleaning, oiling, or repairing power-driven food slicers and grinders, food choppers and cutters, or bakery-type mixers;
(e) work in freezers and meat coolers and all work preparing meat for sale, except wrapping, scaling, labeling, weighing, pricing, and stacking when performed in other areas;
(f) loading or unloading goods to and from a truck, railroad car, or conveyor; or
(g) an occupation in a warehouse, except for office or clerical work;
(7) the following agricultural occupations, unless otherwise exempt or working as a student-learner pursuant to 41-2-109:
(a) felling, bucking, skidding, loading, or unloading timber with a butt diameter of more than 9 inches;
(b) repairing a building from a ladder or scaffold at a height of more than 20 feet;
(c) working inside:
(i) a fruit, forage, or grain storage structure designed to retain an oxygen-deficient or toxic atmosphere; or
(ii) an upright silo within 2 weeks after silage has been added or when a top unloading device is in operating position;
(d) handling or using agricultural chemicals classified as poisonous;
(e) handling or using a blasting agent, including but not limited to dynamite, black powder, sensitized ammonium nitrate, blasting caps, or primer cord; or
(f) transporting, transferring, or applying anhydrous ammonia.
History: En. Sec. 5, Ch. 391, L. 1993.
2023 Montana Code Annotated › Title 41. Minors › Chapter 2. Child Labor › Part 1. Child Labor Standards Act › 41-2-107. Prohibited employment of minors who are 16 and 17 years of age

41-2-107. Prohibited employment of minors who are 16 and 17 years of age.
Unless working as an apprentice, student-learner, or student-employee under the provisions of 41-2-110, a minor 16 or 17 years of age may not be employed in or in connection with any of the following occupations:
(1) manufacturing or storing explosives or articles containing explosive components;
(2) logging and the operation of a sawmill, lath mill, or shingle mill;
(3) the operation of power-driven woodworking machines;
(4) an occupation involving exposure to a radioactive substance or ionizing radiation;
(5) the operation of a freight elevator, except for a freight elevator permitted for use under the child labor provisions of the federal Fair Labor Standards Act of 1938, or other power-driven hoisting apparatus;
(6) the operation of a power-driven metal forming, punching, and shearing machine;
(7) a mining occupation;
(8) slaughtering, meatpacking, meat processing, or rendering;
(9) the operation of a power-driven bakery machine;
(10) the operation of a power-driven paper products machine;
(11) the manufacture of brick, tile, or similar products;
(12) the operation of a circular saw, bandsaw, or guillotine shears;
(13) a wrecking or demolition operation;
(14) an excavation operation;
(15) a roofing operation;
(16) riding outside a motor vehicle to assist in transporting or delivering goods; and
(17) a coal mining operation.
History: En. Sec. 6, Ch. 391, L. 1993; amd. Sec. 2, Ch. 135, L. 2021.
2023 Montana Code Annotated › Title 41. Minors › Chapter 2. Child Labor › Part 1. Child Labor Standards Act › 41-2-108. Employment of minors who are 14 and 15 years of age

41-2-108. Employment of minors who are 14 and 15 years of age.
(1) Unless enrolled in and employed pursuant to a school-supervised and school-administered work experience or career exploration program pursuant to 41-2-115(2), a minor 14 or 15 years of age may not be employed in any occupation during school hours.
(2) A minor 14 or 15 years of age may be employed outside school hours in:
(a) the distribution or sale of or in the collection for newspapers, magazines, periodicals, or circulars; and
(b) the following occupations in retail, food service, and gasoline service establishments:
(i) office and clerical work, including the operation of an office machine;
(ii) cashiering, selling, modeling, art work, work in an advertising department, window trimming, and comparative shopping;
(iii) price marking and tagging by hand or by machine, assembling orders, packing, and shelving;
(iv) bagging and carrying out a customer's order;
(v) errand and delivery work by foot, bicycle, or public transportation;
(vi) cleanup work, including the use of a vacuum cleaner and a floor waxer, and maintenance of grounds, but not including the use of a power-driven mower or cutter;
(vii) kitchen work and other work involved in preparing and serving food and beverages, including the operation of machines and devices used in the performance of the work, which may include but are not limited to a dishwasher, toaster, dumbwaiter, popcorn popper, milkshake blender, and coffee grinder; or
(viii) work in connection with cars and trucks if confined to dispensing gasoline and oil; courtesy service; car cleaning, washing, and polishing; but not including work involving the use of a pit, a rack, or a lifting apparatus or involving the inflation of a tire mounted on a rim equipped with a removable ring.
History: En. Sec. 7, Ch. 391, L. 1993.
2023 Montana Code Annotated › Title 41. Minors › Chapter 2. Child Labor › Part 1. Child Labor Standards Act › 41-2-109. Exemptions from prohibited occupations in agriculture

41-2-109. Exemptions from prohibited occupations in agriculture.
(1) The prohibitions from employment in agricultural operations provided for in 41-2-106(7) do not apply to the employment of a student-learner who is 14 or 15 years of age if all of the following requirements are met:
(a) The student-learner is enrolled in a K-12 career and vocational/technical education training program in agriculture under a recognized state or local educational authority or in a substantially similar program conducted by a private school.
(b) The student-learner is employed under a written agreement, providing that:
(i) the work is incidental to training;
(ii) the work is under the direct and close supervision of a qualified and experienced person;
(iii) safety instruction is given by the school and correlated by the employer with on-the-job training; and
(iv) a schedule of organized and progressive work processes to be performed on the job has been prepared.
(c) The written agreement contains the name of the student-learner and is signed by the employer and by a person authorized to represent the educational authority or school.
(d) Copies of each agreement are kept on file both by the educational authority or school and by the employer.
(2) The prohibitions in 41-2-106(7) do not apply to the employment of a minor who is 14 or 15 years of age in those occupations in which the minor has successfully completed a work training program, including safety instruction and training in the use of machinery, under the 4-H program of the federal extension service, a program of the United States department of education, or a similar program if the safety program has been approved by the department and if the minor is employed outside school hours on the equipment for which the minor has been trained.
History: En. Sec. 8, Ch. 391, L. 1993; amd. Sec. 13, Ch. 133, L. 2001; amd. Sec. 3, Ch. 135, L. 2021.
2023 Montana Code Annotated › Title 41. Minors › Chapter 2. Child Labor › Part 1. Child Labor Standards Act › 41-2-110. Exemptions from prohibited employment of minors who are 16 or 17 years of age

41-2-110. Exemptions from prohibited employment of minors who are 16 or 17 years of age.
(1) The prohibitions in 41-2-107 do not apply to the employment of an apprentice, student-learner, or student-employee who is 16 or 17 years of age if the minor is employed under the following conditions:
(a) for an apprentice, if:
(i) the minor is employed in a craft recognized as an apprenticeable trade;
(ii) the work is incidental to the minor's training;
(iii) the work is under the direct and close supervision of a journeyman as a necessary part of the apprentice training; and
(iv) the minor is registered by the bureau of apprenticeship and training of the United States department of labor as employed in accordance with the standards established by that bureau or is registered by the department as employed in accordance with the standards of the department;
(b) for a student-learner, if:
(i) the student-learner is enrolled in a course of study and training in a cooperative vocational training program under a recognized state or local educational authority or in a course of study in a substantially similar program conducted by a private school;
(ii) the student-learner is employed under a written agreement, providing that:
(A) the work of the student-learner is incidental to the student-learner's training;
(B) the work is under the direct and close supervision of a qualified and experienced person;
(C) safety instruction is given by the school and correlated by the employer with on-the-job training; and
(D) a schedule of organized and progressive work processes to be performed on the job has been prepared;
(iii) the written agreement contains the name of the student-learner and is signed by the employer and the school coordinator or principal; and
(iv) copies of each agreement are kept on file both by the educational authority or school and by the employer;
(c) for a student-employee, if:
(i) the student-employee is under the direct and close supervision of a qualified and experienced person with experience in the occupation in which the minor is employed; and
(ii) safety instruction is given by the employer of the student-employee.
(2) A student-employee that qualifies under subsection (1)(c) may perform any work function as required by the occupation.
(3) This exemption for the employment of student-learners may be revoked by the department in any situation if the department finds that reasonable precautions have not been observed for the safety of minors employed under the exemption.
(4) A high school graduate who is 16 or 17 years of age may be employed in an occupation in which the graduate has completed training as a student-learner as provided in this section.
History: En. Sec. 9, Ch. 391, L. 1993; amd. Sec. 4, Ch. 135, L. 2021.