Mont. Code Ann. § 41-3-101

(2013)

Declaration of policy

(1) It is the policy of the state of Montana to:

(a) provide for the protection of children whose health and welfare are or may be adversely affected and further threatened by the conduct of those responsible for the children's care and protection;

(b) achieve these purposes in a family environment and preserve the unity and welfare of the family whenever possible;

(c) ensure that there is no forced removal of a child from the family based solely on an allegation of abuse or neglect unless the department has reasonable cause to suspect that the child is at imminent risk of harm;

(d) recognize that a child is entitled to assert the child's constitutional rights;

(e) ensure that all children have a right to a healthy and safe childhood in a permanent placement; and

(f) ensure that whenever removal of a child from the home is necessary, the child is entitled to maintain ethnic, cultural, and religious heritage whenever appropriate.

(2) It is intended that the mandatory reporting of abuse or endangerment cases by professional people and other community members to the appropriate authority will cause the protective services of the state to seek to prevent further abuses, protect and enhance the welfare of these children, and preserve family life whenever appropriate.

(3) In implementing this chapter, whenever it is necessary to remove a child from the child's home, the department shall, when it is in the best interests of the child, place the child with the child's noncustodial birth parent or with the child's extended family, including adult siblings, grandparents, great-grandparents, aunts, and uncles, when placement with the extended family is approved by the department, prior to placing the child in an alternative protective or residential facility. Prior to approving a placement, the department shall investigate whether anyone living in the home has been convicted of a crime involving serious harm to children.

(4) (a) The department shall create a registry for voluntary registration by close relatives of a child for purposes of notifying those relatives when a child that is related has been removed from the child's home pursuant to this chapter.

(b) The registry must contain the names of the child and the child's parents and may contain the names of the child's grandparents, aunts, uncles, adult brothers, and adult sisters and must contain the contact information for the child and parents and any of the relatives whose names appear in the registry.

(5) The department shall consult the registry and notify the relatives on the registry on the first working day after placing the child in accordance with 41-3-301.

(6) The department may charge a fee commensurate with the cost of operating the registry. The fee may be charged only to those persons whose names are voluntarily entered in the registry.

(7) In implementing the policy of this section, the child's health and safety are of paramount concern.

Opinions construing this section

26 opinions
2024 MT 55 Mar 19, 2024 Affirmed in part, reversed in part
S.W. v. State
Majority by James Jeremiah Shea · 3 to 0 with 4 concurring
children whose health and welfare are or may be adversely affected and further threatened by the conduct of those responsible for their care and protection.” Section 41-3-101(2), MCA. We conclude that § 41-3-203, MCA, also does not immunize the Department from tort liability. Newville, 267 Mont. at 269-70, 883 P.2d at 812 (emphasis added).
2024 MT 55 Mar 19, 2024 Affirmed in part, reversed in part
S.W. v. State
Concurring by Beth Baker · 3 to 0 with 4 concurring
District Court’s expressed concern that the policies outlined in the Child Abuse and Neglect Chapter counsel a different result. See Declaration of Policy, § 41-3-101, MCA. S.W. and the District Court fail to account for the multiple, and sometimes competing, policies involved in the State’s response to a report of child abuse.
2023 MT 202 Oct 31, 2023 Affirmed
Matter of Z.N-M., YINC
Majority by Beth Baker · 5 to 0
rights instead of a guardianship. ¶39 It is the policy of the State of Montana to protect and preserve the unity and welfare of a family wherever possible. Section 41-3-101(1)(b), MCA. That purpose is subordinate, however, to the primary purpose of dependent-neglect proceedings: to determine what is in the best interest of the child. In re M
2022 MT 230 Nov 15, 2022 Affirmed
Matter of U.A.C., YINC
Majority by Laurie McKinnon · 5 to 0
se health and welfare are or may be adversely affected and further threatened by the conduct of those responsible for the children’s care and protection.” Section 41-3-101(1)(a), MCA. Furthermore, “all children have a right to a healthy and safe childhood in a permanent placement.” Section 41-3-101(1)(d), (e), MCA. When implementing the
2022 MT 37 Feb 22, 2022 Affirmed
Matter of D.H., YINC
Majority by Ingrid Gustafson · 5 to 0
41-3-438(3)(b) and (c), MCA. 10 In re E.Y.R., ¶ 29. In addition, we have previously “delineated seven circumstances, which the State agreed expound on § 41-3-101(3), MCA, under which the Department may determine good cause to the contrary exists that the child’s safety could not be assured if the child were immediately placed
Official Annotations archive.org, 2013 edition
History:
(1)En. 10-1300 by Sec. 1, Ch. 328, L. 1974
Sec. 10-1300, R.C.M. 1947
(2)En. Sec. 1, Ch. 178, L. 1965
Amd. Sec. 1, Ch. 292, L. 1973
Sec. 10-901, R.C.M. 1947
Redes. 10-1303 by Sec. 14, Ch. 328, L. 1974
Sec. 10-1303, R.C.M. 1947
R.C.M. 1947, 10-1300, 10-1303
Amd. Sec. 1, Ch. 543, L. 1979
Amd. Sec. 1, Ch. 494, L. 1995
Amd. Sec. 1, Ch. 564, L. 1995
Amd. Sec. 1, Ch. 501, L. 1997
Amd. Sec. 1, Ch. 566, L. 1999 (HB 366 - Kasten, Betty Lou (R) HD 99)
Amd. Sec. 1, Ch. 281, L. 2001 (SB 170 - Halligan, Mike (D) SD 34)
Amd. Sec. 1, Ch. 311, L. 2001 (SB 116 - Stonington, Emily (D) SD 15)
Amd. Sec. 1, Ch. 504, L. 2003 (SB 95 - Stonington, Emily (D) SD 15)
Amd. Sec. 1, Ch. 196, L. 2009 (HB 397 - Kottel, Deborah (D) HD 20)