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

Mont. Code Ann. § 41-3-103 (2026)

Jurisdiction And Venue

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 41
  3. CHAPTER 3
  4. Part 1
  5. 41-3-103 Jurisdiction and venue

TITLE 41. MINORS

CHAPTER 3. CHILD ABUSE AND NEGLECT

Part 1. General

Jurisdiction And Venue

41-3-103. 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.

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.

Notes of Decisions
Cited in 16 cases (2 in the last 5 years), 1989–2026 · leading case: In re R.J.F., 443 P.3d 387 (Mont. 2019).
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In re R.J.F., 443 P.3d 387 (Mont. 2019). · cites it 7× “" In a dependency and neglect action, however, jurisdiction and venue are provided for in § 41-3-103, MCA. Mother testified she did well for the first few months following Child's birth but then relapsed back into drug use.”
In re Declaring B.P., 2008 MT 166 (Mont. 2008). · cites it 7× “Thus, to the extent that § 41-3-103, MCA, and § 40-7-103(4)(a), MCA, conflict, § 40-7-103(4)(a), MCA, must prevail.”
In re K.B., 2016 MT 73 (Mont. 2016). · cites it 4× “Pursuant to § 41-3-103(1), MCA, “a person is subject to a proceeding under [the child abuse and neglect statutes] and the district court has jurisdiction over: (a) a youth who is within the state of Montana for any purpose;” and “(d) a youth or a youth’s parent .”
In Re the Parental Rights of Baby Girl W., 814 P.2d 976 (Mont. 1991). · cites it 9× “Jurisdiction under this Chapter is conferred under Section 41-3-103, MCA, which states in part: ‘In all matters arising under this chapter, the youth court shall have concurrent jurisdiction with the district court over .”
Matter of A.R. I.R., 2002 MT 343N (Mont. 2002). · cites it 2× “Julie contends that the District Court failed to make specific findings of fact as to whether the children were “abused” or “neglected” within the meaning of § 41-3-103, MCA. She also contends that the District Court erred when it denied her motion to dismiss the youth in need…”
Matter of K. B. YINC, 2016 MT 73 (Mont. 2016). · cites it 3× “” Therefore, there is no requirement that a parent be an “offending” parent before a court 7 may make decisions regarding the best interests of a child suspected of having been abused or neglected.”
In Re Bp, 2008 MT 166 (Mont. 2008). · cites it 5× “Thus, to the extent that § 41-3-103, MCA, and § 40-7-103(4)(a), MCA, conflict, § 40-7-103(4)(a), MCA, must prevail.”
In re C.C., 772 P.2d 857 (Mont. 1989). · cites it 3× “Section 41-3-103, MCA, reads in pertinent part: “(1) In all matters arising under this chapter, the Youth Court shall have concurrent jurisdiction with the district court over: “(a) all youths who are within the state of Montana for any purpose; “(c) any person who is alleged to…”
Matter of K. B. YINC, 2016 MT 73 (Mont. 2016). · cites it 3× “” Therefore, there is no requirement that a parent be an “offending” parent before a court 7 may make decisions regarding the best interests of a child suspected of having been abused or neglected.”
Matter of S.L., B.L, & JL., YINC, 2023 MT 68N (Mont. 2023). · cites it 3× “Section 41-3-103(1)(c), MCA, however, states that district courts have jurisdiction over “a person who is alleged to have abused or neglected a youth who is in the state of Montana for any purpose.”
Matter of C.A.O., 2014 MT 297N (Mont. 2014). · cites it 3× “346, 352 , 1 The parties frame this issue as one of subject matter jurisdiction. Subject matter jurisdiction involves the court’s power to hear certain types of cases.”
Matter of J.J.L.B., 2015 MT 22N (Mont. 2015). · cites it 2× “Section 41-3-103, MCA, provides that a district court has jurisdiction in abuse and neglect proceedings over “a youth who is within the state of Montana for any purpose” and over “a person who is alleged to have abused or neglected a youth who is in the state of Montana for any…”
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— Mont. Code Ann. § 41-3-103(1) — 3 cases
In re K.B., 2016 MT 73 (Mont. 2016). “Pursuant to § 41-3-103(1), MCA, “a person is subject to a proceeding under [the child abuse and neglect statutes] and the district court has jurisdiction over: (a) a youth who is within the state of Montana for any purpose;” and “(d) a youth or a youth’s parent .”
Matter of K. B. YINC, 2016 MT 73 (Mont. 2016). “” Therefore, there is no requirement that a parent be an “offending” parent before a court 7 may make decisions regarding the best interests of a child suspected of having been abused or neglected.”
Matter of K. B. YINC, 2016 MT 73 (Mont. 2016). “” Therefore, there is no requirement that a parent be an “offending” parent before a court 7 may make decisions regarding the best interests of a child suspected of having been abused or neglected.”
— Mont. Code Ann. § 41-3-103(1)(a) — 1 case
In re R.J.F., 443 P.3d 387 (Mont. 2019). “" In a dependency and neglect action, however, jurisdiction and venue are provided for in § 41-3-103, MCA. Mother testified she did well for the first few months following Child's birth but then relapsed back into drug use.”
— Mont. Code Ann. § 41-3-103(1)(b) — 1 case
In Re Bp, 2008 MT 166 (Mont. 2008). “Thus, to the extent that § 41-3-103, MCA, and § 40-7-103(4)(a), MCA, conflict, § 40-7-103(4)(a), MCA, must prevail.”
— Mont. Code Ann. § 41-3-103(1)(c) — 1 case
Matter of S.L., B.L, & JL., YINC, 2023 MT 68N (Mont. 2023). “Section 41-3-103(1)(c), MCA, however, states that district courts have jurisdiction over “a person who is alleged to have abused or neglected a youth who is in the state of Montana for any purpose.”
— Mont. Code Ann. § 41-3-103(l)(a) — 1 case
In Re the Parental Rights of Baby Girl W., 814 P.2d 976 (Mont. 1991). “Jurisdiction under this Chapter is conferred under Section 41-3-103, MCA, which states in part: ‘In all matters arising under this chapter, the youth court shall have concurrent jurisdiction with the district court over .”
— Mont. Code Ann. § 41-3-103(l)(b) — 1 case
In re Declaring B.P., 2008 MT 166 (Mont. 2008). “Thus, to the extent that § 41-3-103, MCA, and § 40-7-103(4)(a), MCA, conflict, § 40-7-103(4)(a), MCA, must prevail.”
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