Mont. Code Ann. » TITLE 41. MINORS · CHAPTER 3. CHILD ABUSE AND NEGLECT · Part 1. General
Montana Code Annotated

Mont. Code Ann. § 41-3-101 (2026)

Declaration Of Policy

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 41
  3. CHAPTER 3
  4. Part 1
  5. 41-3-101 Declaration of policy

TITLE 41. MINORS

CHAPTER 3. CHILD ABUSE AND NEGLECT

Part 1. General

Declaration Of Policy

41-3-101. 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 by child abuse or neglect 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) support the efforts of parents whose children have been removed to reunify the family, including by taking into account whether those efforts may be impeded by court-ordered support payments;

(d) 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;

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

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

(g) 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 due to child abuse or neglect, the department shall, when it is in the best interests of the child, place the child in accordance with 41-3-450 and 41-3-451. 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.

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; amd. Sec. 1, Ch. 281, L. 2001; amd. Sec. 1, Ch. 311, L. 2001; amd. Sec. 1, Ch. 504, L. 2003; amd. Sec. 1, Ch. 196, L. 2009; amd. Sec. 1, Ch. 174, L. 2023; amd. Sec. 3, Ch. 674, L. 2023; amd. Sec. 1, Ch. 340, L. 2025.

Notes of Decisions
Cited in 101 cases (9 in the last 5 years), 1979–2026 · leading case: In re Declaring T. Y. K. & D. A. W. R., 598 P.2d 593 (Mont. 1979).
Sort: Relevance Newest Treatment
In re Declaring T. Y. K. & D. A. W. R., 598 P.2d 593 (Mont. 1979). · cites it 7× “The declared policy of Montana is found in section 41-3-101, MCA: “(a) insure that all youth are afforded an adequate physical and emotional environment to promote normal development; “(2) It is the policy of this state to provide for the protection of children whose health and…”
Prosser v. Kennedy Enter., Inc., 2008 MT 87 (Mont. 2008). · cites it 4× “See § 41-3-101, MCA. Although State v. District Court and Newville do not discuss the public duty doctrine, they provide examples where the government, without question, owed a duty to a specific class of persons.”
In re C.A.R., 693 P.2d 1214 (Mont. 1984). · cites it 5× “It states, in pertinent part: “(1) It is hereby declared to be the policy of the State of Montana to: “(a) insure that all youth are afforded an adequate physical and emotional environment to promote normal development; .”
In re C. R. O., 2002 MT 50 (Mont. 2002). · cites it 4× “¶32 The Department ordinarily, and properly, makes serious efforts to meet this latter requirement by means of permitting a parent to complete a treatment plan and, often, a series of treatment plans. Under that approach, the Department proceeds with a petition to terminate…”
In re T.D.H., 2015 MT 244 (Mont. 2015). · cites it 5× “t in her representation of the child thereafter agree, on that child’s behalf, that the proceedings may go *421 forward without representation for the child — especially when the child’s need for representation had remained unquestioned for over two years? How is the stated…”
Newville v. State, Dept. of Fam. Servs., 883 P.2d 793 (Mont. 1994). · cites it 3× “” Section 41-3-101(2), MCA. We conclude that § 41-3-203, MCA, also does not immunize the Department from tort liability.”
Matter of A.B., YINC, 2020 MT 64 (Mont. 2020). · cites it 2× “” Section 41-3-101(1)(a)-(b), MCA (emphasis added).”
J.L. v. Kienenberger, 848 P.2d 472 (Mont. 1993). · cites it 6× “also cites Section 41-3-101, MCA, as evidence that parents have a moral and legal duty to provide for their children's physical, moral, and emotional well-being.”
In re T.E., 2002 MT 195 (Mont. 2002). · cites it 2× “s why the children were not returned home when extending temporary legal custody as required in § 41-3-406(6), MCA (1997); (6) *153 hold the permanency plan hearing no later than twelve months after the initial order was issued pursuant to § 41-3-412, MCA (1997); and (7)…”
In re E.A.T., 1999 MT 281 (Mont. 1999). · cites it 8× “¶31 While it is true that the State of Montana’s policy regarding child abuse and neglect is to preserve and protect family unity, it is also this state’s policy to provide for the protection of children whose health and welfare are or may be adversely affected and further…”
In re M.A.L., 2006 MT 299 (Mont. 2006). · cites it 3× “Section 41-3-101, MCA (2003), states the policy of the state with regards to the welfare of children: (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 *446…”
In re B.S., 2009 MT 98 (Mont. 2009). · cites it 3× “” ¶32 The father is correct that the best interests of the child are a critical factor in termination proceedings; the statutes give priority to the best interests of the child as the primary and paramount statutory standard for termination. Section 41-3-609(3), MCA, requires…”
Show all 101 citing cases →
— Mont. Code Ann. § 41-3-101(1) — 6 cases
In re A.M., 2001 MT 60 (Mont. 2001).
Matter of LFG, 598 P.2d 1125 (Mont. 1979).
In re L. F. G., 598 P.2d 1125 (Mont. 1979).
In Re Am, 2001 MT 60 (Mont. 2001).
Matter of J.D., YINC, 2025 MT 274 (Mont. 2025).
— Mont. Code Ann. § 41-3-101(1)(a) — 7 cases
Matter of A.B., YINC, 2020 MT 64 (Mont. 2020). “” Section 41-3-101(1)(a)-(b), MCA (emphasis added).”
Matter of Z.N-M., YINC, 2023 MT 202 (Mont. 2023).
Matter of J.T.L., YINC, 2025 MT 98 (Mont. 2025).
In re I.K., 430 P.3d 86 (Mont. 2018).
Matter of A.G. T.G. YINC, 2016 MT 203 (Mont. 2016).
— Mont. Code Ann. § 41-3-101(1)(b) — 3 cases
Matter of Z.N-M., YINC, 2023 MT 202 (Mont. 2023).
Matter of B.S. G.S., 2009 MT 113 (Mont. 2009).
In the Matter of Bs, 2009 MT 113 (Mont. 2009).
— Mont. Code Ann. § 41-3-101(1)(d) — 10 cases
Matter of JLB, 594 P.2d 1127 (Mont. 1979).
Matter of J.D., YINC, 2025 MT 274 (Mont. 2025).
In re the Matter of Declaring M.R.L., 608 P.2d 134 (Mont. 1980).
Matter of B.F., YINC, 2020 MT 223 (Mont. 2020).
Matter of K.H. K.M. YINCs, 2012 MT 175 (Mont. 2012).
— Mont. Code Ann. § 41-3-101(1)(e) — 2 cases
In re X.B., 420 P.3d 538 (Mont. 2018).
Matter of C.M.B., YINC, 2025 MT 272 (Mont. 2025).
— Mont. Code Ann. § 41-3-101(1)(f) — 2 cases
In re C. R. O., 2002 MT 50 (Mont. 2002). “¶32 The Department ordinarily, and properly, makes serious efforts to meet this latter requirement by means of permitting a parent to complete a treatment plan and, often, a series of treatment plans. Under that approach, the Department proceeds with a petition to terminate…”
In Re Cro, 2002 MT 50 (Mont. 2002).
— Mont. Code Ann. § 41-3-101(1)(i) — 1 case
Matter of B.B.W., 2003 MT 377N (Mont. 2003).
— Mont. Code Ann. § 41-3-101(2) — 5 cases
Newville v. State, Dept. of Fam. Servs., 883 P.2d 793 (Mont. 1994). “” Section 41-3-101(2), MCA. We conclude that § 41-3-203, MCA, also does not immunize the Department from tort liability.”
Matter of MM, 650 P.2d 784 (Mont. 1982).
In re Declaring T.E.R., 590 P.2d 1117 (Mont. 1979).
In re M. M., 650 P.2d 784 (Mont. 1982).
Matter of TER, 590 P.2d 1117 (Mont. 1979).
— Mont. Code Ann. § 41-3-101(3) — 6 cases
In re O.A.W., 2007 MT 13 (Mont. 2007).
In re C.M., 2015 MT 292 (Mont. 2015).
In Re Oaw, 2007 MT 13 (Mont. 2007).
Matter of S.T., 2004 MT 266N (Mont. 2004).
Matter of D.H., YINC, 2022 MT 37 (Mont. 2022).
— Mont. Code Ann. § 41-3-101(4) — 16 cases
In re T.E., 2002 MT 195 (Mont. 2002). “s why the children were not returned home when extending temporary legal custody as required in § 41-3-406(6), MCA (1997); (6) *153 hold the permanency plan hearing no later than twelve months after the initial order was issued pursuant to § 41-3-412, MCA (1997); and (7)…”
In re B.S., 2009 MT 98 (Mont. 2009). “” ¶32 The father is correct that the best interests of the child are a critical factor in termination proceedings; the statutes give priority to the best interests of the child as the primary and paramount statutory standard for termination. Section 41-3-609(3), MCA, requires…”
In re E.A.T., 1999 MT 281 (Mont. 1999). “¶31 While it is true that the State of Montana’s policy regarding child abuse and neglect is to preserve and protect family unity, it is also this state’s policy to provide for the protection of children whose health and welfare are or may be adversely affected and further…”
In re C.M.C., 2009 MT 153 (Mont. 2009).
In re B.B., 2006 MT 66 (Mont. 2006).
— Mont. Code Ann. § 41-3-101(7) — 8 cases
In re X.M., 429 P.3d 920 (Mont. 2018).
In re J.O., 2015 MT 229 (Mont. 2015).
In re J.B., 2015 MT 342 (Mont. 2015).
Matter of J.O. YINC, 2015 MT 229 (Mont. 2015).
Matter of J.M. J.L.M. J.M.M., 2015 MT 125N (Mont. 2015).
— Mont. Code Ann. § 41-3-101(a) — 1 case
Anderson v. Montana Dep't of Pub. Health & Human Servs. (D. Mont. 2024).
— Mont. Code Ann. § 41-3-101(b) — 2 cases
In re T.L., 2005 MT 256 (Mont. 2005).
In Re Tl, 2005 MT 256 (Mont. 2005).
— Mont. Code Ann. § 41-3-101(l)(a) — 6 cases
In re M.V.R., 2016 MT 309 (Mont. 2016).
In re A.G., 2016 MT 203 (Mont. 2016).
In re C.J., 2010 MT 179 (Mont. 2010).
In re C.M., 2015 MT 292 (Mont. 2015).
In re J.B., 2015 MT 342 (Mont. 2015).
— Mont. Code Ann. § 41-3-101(l)(b) — 1 case
In re B.S., 2009 MT 113 (Mont. 2009).
— Mont. Code Ann. § 41-3-101(l)(d) — 5 cases
In re K.H., 2012 MT 175 (Mont. 2012).
In re T.D.H., 2015 MT 244 (Mont. 2015). “t in her representation of the child thereafter agree, on that child’s behalf, that the proceedings may go *421 forward without representation for the child — especially when the child’s need for representation had remained unquestioned for over two years? How is the stated…”
In re M. N., 649 P.2d 749 (Mont. 1982).
In Re the Custody & the Parental Rights of J.H., 1998 MT 128 (Mont. 1998).
Matter of Inquiry Into J.L., 2000 MT 289 (Mont. 2000).
— Mont. Code Ann. § 41-3-101(lXd) — 1 case
In re T.D.H., 2015 MT 244 (Mont. 2015). “t in her representation of the child thereafter agree, on that child’s behalf, that the proceedings may go *421 forward without representation for the child — especially when the child’s need for representation had remained unquestioned for over two years? How is the stated…”
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