2023 Montana Code Annotated › Title 41. Minors › Chapter 3. Child Abuse and Neglect › Part 1. General › 41-3-103. Jurisdiction and venue

41-3-103. (Temporary) Jurisdiction and venue.
(1) Except as provided in the federal Indian Child Welfare Act or the Montana Indian Child Welfare Act provided for in Title 41, chapter 3, part 13, in all matters arising under this chapter, a person is subject to a proceeding under this chapter and the district court has jurisdiction over:
(a) a youth who is within the state of Montana for any purpose;
(b) a youth or other person subject to this chapter who under a temporary or permanent order of the court has voluntarily or involuntarily left the state or the jurisdiction of the court;
(c) a person who is alleged to have abused or neglected a youth who is in the state of Montana for any purpose;
(d) a youth or youth's parent or guardian who resides in Montana;
(e) a youth or youth's parent or guardian who resided in Montana within 180 days before the filing of a petition under this chapter if the alleged abuse and neglect is alleged to have occurred in whole or in part in Montana.
(2) (a) Venue is proper in the county where a youth is located or has resided within 180 days before the filing of a petition under this part or a county where the youth's parent or guardian resides or has resided within 180 days before the filing of a petition under this part.
(b) Unless a case is approved for transfer to a tribal court or treatment court, a court may deny a motion to change venue either for good cause or if transferring venue will result in delaying a child's permanency. (Terminates June 30, 2025--sec. 55, Ch. 716, L. 2023.)
41-3-103. (Effective July 1, 2025) Jurisdiction and venue.
(1) Except as provided in the federal Indian Child Welfare Act, in all matters arising under this chapter, a person is subject to a proceeding under this chapter and the district court has jurisdiction over:
(a) a youth who is within the state of Montana for any purpose;
(b) a youth or other person subject to this chapter who under a temporary or permanent order of the court has voluntarily or involuntarily left the state or the jurisdiction of the court;
(c) a person who is alleged to have abused or neglected a youth who is in the state of Montana for any purpose;
(d) a youth or youth's parent or guardian who resides in Montana;
(e) a youth or youth's parent or guardian who resided in Montana within 180 days before the filing of a petition under this chapter if the alleged abuse and neglect is alleged to have occurred in whole or in part in Montana.
(2) (a) Venue is proper in the county where a youth is located or has resided within 180 days before the filing of a petition under this part or a county where the youth's parent or guardian resides or has resided within 180 days before the filing of a petition under this part.
(b) Unless a case is approved for transfer to a tribal court or treatment court, a court may deny a motion to change venue either for good cause or if transferring venue will result in delaying a child's permanency.
History: En. 10-1302 by Sec. 3, Ch. 328, L. 1974; R.C.M. 1947, 10-1302; amd. Sec. 7, Ch. 458, L. 1995; amd. Sec. 1, Ch. 114, L. 2001; amd. Sec. 3, Ch. 504, L. 2003; amd. Sec. 1, Ch. 223, L. 2011; amd. Sec. 26, Ch. 716, L. 2023; amd. Sec. 1, Ch. 779, L. 2023.