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

Mont. Code Ann. § 41-3-112 (2026)

Appointment Of Special Advocate

✓ current as of May 2026
Find cases: SyfertCases citing this section MT-LEGleg.mt.gov JustiaTitle on Justia CornellLII Search CasesGoogle Scholar
  1. MCA Contents
  2. TITLE 41
  3. CHAPTER 3
  4. Part 1
  5. 41-3-112 Appointment of special advocate

TITLE 41. MINORS

CHAPTER 3. CHILD ABUSE AND NEGLECT

Part 1. General

Appointment Of Special Advocate

41-3-112. Appointment of special advocate. (1) In every judicial proceeding, the court shall appoint a special advocate for any child alleged to be abused or neglected. A governmental department or any member of its staff who has a direct conflict of interest may not be appointed as the special advocate in a judicial proceeding under this title.

(2) A prospective special advocate must meet the following minimum qualifications:

(a) be at least 21 years old and have demonstrated an interest in children and children's welfare;

(b) be willing to commit to the court for a minimum of 1 year of service to a child;

(c) have completed an application and have provided required background information; and

(d) have completed a screening interview.

(3) An appointed special advocate may not:

(a) accept any compensation for the duties and responsibilities of the special advocate's appointment;

(b) have any association that creates a conflict of interest with the special advocate's duties;

(c) be related to any party or attorney involved in a case;

(d) be employed in a position that could result in a conflict of interest or give rise to the appearance of a conflict; or

(e) use the special advocate's position to seek or accept gifts or special privileges.

(4) The special advocate must have received appropriate training that is specifically related to serving as an advocate for the best interests of a child and that includes:

(a) completing preservice training, including instruction on recognizing child abuse and neglect, cultural awareness, child development, education standards, the juvenile court process, permanency planning, volunteer roles and responsibilities, advocacy, information gathering, and documentation; and

(b) observing court proceedings prior to appointment.

(5) The special advocate shall advocate for the child's best interests and shall perform the following general duties:

(a) conduct an independent review regarding the best interests of the child to provide factual information to the court regarding the child and the child's family;

(b) interview and observe the child and other appropriate individuals and review relevant records and reports;

(c) have access to court, medical, psychological, law enforcement, social services, and school records pertaining to the child, including records of siblings, parents, or caretakers if the records are relevant to the issues in the case. Access to medical and psychological records of siblings, parents, or caretakers must be provided in compliance with the Health Insurance Portability and Accountability Act of 1996, 42 U.S.C. 1320d, et seq., and the legislative findings in 50-16-502.

(d) maintain confidentiality of all information regarding a case and not disclose the information except to the court, to the other parties, or to the department. A special advocate's duty of confidentiality is not extinguished by the dismissal of the case. Special advocates shall follow applicable law, administrative policies, and procedures regarding access to, use of, and release of information about the children served to ensure that confidentiality is maintained at all times.

(e) prepare written reports for distribution to the court and the parties concerning the child's welfare;

(f) appear and participate in all proceedings and make recommendations to the court concerning the child's best interests, including if additional services are necessary;

(g) monitor the case to completion to ensure that the child's essential needs are met and that the terms of the court's orders are fulfilled;

(h) seek to ensure that reasonable efforts are made to prevent unnecessary placement of the child out of the home and facilitate reunification of the child with the child's family if it is in the child's best interests. In determining whether reasonable efforts are made with respect to a child, the child's health and safety are the paramount concern.

(i) if reunification is not possible, work with the child to assist the child in adjusting to another safe and permanent living arrangement;

(j) perform other duties as directed by the court; and

(k) work directly with the child's legal representative to protect the constitutional rights of the child and advocate for the child's best interests.

(6) Information contained in a report filed by the special advocate or testimony regarding a report filed by the special advocate is not hearsay when it is used to form the basis of the special advocate's opinion as to the best interests of the child.

(7) Any party may petition the court for the removal and replacement of the special advocate if the special advocate fails to perform the duties of the appointment.

(8) A special advocate may raise concerns to the court about conduct that is contrary to the best interests of the child.

(9) The court shall actively pursue services of a volunteer special advocate program. If a special advocate is not available for appointment, a judge may appoint an attorney or other qualified person to serve as special advocate and perform the duties enumerated in subsection (5). When necessary, the special advocate may serve at public expense.

History: En. Sec. 14, Ch. 543, L. 1979; amd. Sec. 1, Ch. 384, L. 1985; amd. Sec. 4, Ch. 434, L. 1993; amd. Sec. 5, Ch. 516, L. 1997; amd. Sec. 7, Ch. 566, L. 1999; Sec. 41-3-303, MCA 1999; redes. 41-3-112 by Sec. 17(3)(a), Ch. 281, L. 2001; amd. Sec. 1, Ch. 382, L. 2005; amd. Sec. 1, Ch. 132, L. 2017; amd. Sec. 1, Ch. 578, L. 2025.

Notes of Decisions
Cited in 22 cases, 2004–2020 · leading case: In re I.M..
Sort: Relevance Newest Treatment
In re I.M. (Mont. 2018). · cites it 20× “The State argues the District Court did not error in admitting the drug test results through CASA Lux asserting her testimony provided sufficient foundation.”
In re R.M.T. (Mont. 2011). · cites it 31× “’s GAL, due to Williams’s failure to file a report with the court pursuant to § 41-3-112, MCA. The court declined to remove Williams as R.”
State v. Richeson (Mont. 2004). · cites it 6× “See § 40-4-205, MCA (authorizing the court in subsection (1) to appoint an attorney to represent a *965 minor in a proceeding for the dissolution of marriage, legal separation, or other proceeding involving child support, custody and visitation, and delineating specific duties…”
In re A.D.B. (Mont. 2013). · cites it 5× “Section 41-3-112, MCA, requires the appointment of a G.”
In re T.D.H. (Mont. 2015). · cites it 7× “Previously, Montana’s statutory scheme required that in a termination proceeding, the child must be appointed counsel pursuant to § 41-3-425(2)(b), MCA, and, separately, a GAL was to be appointed pursuant to § 41-3-112(1), MCA. The amendment removed the mandatory language…”
In re K.H. (Mont. 2012). · cites it 5× “]” We cannot square the legislature’s directives protecting the interests and rights of children with Mother’s contention that they are not permitted a voice in these proceedings. ¶26 Second, Mother asserts that an appeal on behalf of the children may be brought only by the GAL,…”
In re J.D. (Mont. 2019). · cites it 25× “Section 41-3-112, MCA. ***156 "[A]ny party may petition the court for the removal and replacement of the" CASA appointed as the child's GAL.”
Matter of B.F., YINC (Mont. 2020). · cites it 7× “¶33 The general role of a GAL in abuse in neglect proceedings is to represent children’s best interests, and to perform general duties and conduct investigations to ascertain the facts constituting the alleged abuse or neglect.”
In re J.W.C. (Mont. 2011). “On September 9, 2009, the District Court appointed one attorney to be both the guardian ad litem (GAL) and legal counsel for the children, pursuant to § 41-3-112 and -425(2)(b), MCA (2009), and ordered the assignment of counsel to Mother and Father, pursuant to § 41-3-425(2)(a),…”
In Re Co-Guardianship of D.A. (Mont. 2004). · cites it 4× “See § 41-3-112, MCA. Therefore, she asserts that DPHHS has no standing to raise a constitutional argument on DAJ's behalf.”
Matter of I.M. O.G. A.D. Yinc (Mont. 2018). · cites it 18× “The State argues the District Court did not error in admitting the drug test results through CASA Lux asserting her testimony provided sufficient foundation.”
Matter of K.H. K.M. YINCs (Mont. 2012). · cites it 2× “¶26 Second, Mother asserts that an appeal on behalf of the children may be brought only by the GAL, who is tasked with pursuing the children’s best interests.”
Show all 22 citing cases →
— Mont. Code Ann. § 41-3-112(1) — 5 cases
In re R.M.T. (Mont. 2011). “’s GAL, due to Williams’s failure to file a report with the court pursuant to § 41-3-112, MCA. The court declined to remove Williams as R.”
In re T.D.H. (Mont. 2015). “Previously, Montana’s statutory scheme required that in a termination proceeding, the child must be appointed counsel pursuant to § 41-3-425(2)(b), MCA, and, separately, a GAL was to be appointed pursuant to § 41-3-112(1), MCA. The amendment removed the mandatory language…”
In re J.D. (Mont. 2019). “Section 41-3-112, MCA. ***156 "[A]ny party may petition the court for the removal and replacement of the" CASA appointed as the child's GAL.”
Matter of J.H. J.H. & T.D.H. (Mont. 2015).
In Re Rmt (Mont. 2011).
— Mont. Code Ann. § 41-3-112(2) — 3 cases
In re R.M.T. (Mont. 2011). “’s GAL, due to Williams’s failure to file a report with the court pursuant to § 41-3-112, MCA. The court declined to remove Williams as R.”
In re J.D. (Mont. 2019). “Section 41-3-112, MCA. ***156 "[A]ny party may petition the court for the removal and replacement of the" CASA appointed as the child's GAL.”
In Re Rmt (Mont. 2011).
— Mont. Code Ann. § 41-3-112(3) — 9 cases
In re R.M.T. (Mont. 2011). “’s GAL, due to Williams’s failure to file a report with the court pursuant to § 41-3-112, MCA. The court declined to remove Williams as R.”
In re K.H. (Mont. 2012). “]” We cannot square the legislature’s directives protecting the interests and rights of children with Mother’s contention that they are not permitted a voice in these proceedings. ¶26 Second, Mother asserts that an appeal on behalf of the children may be brought only by the GAL,…”
In re A.D.B. (Mont. 2013). “Section 41-3-112, MCA, requires the appointment of a G.”
In re T.D.H. (Mont. 2015). “Previously, Montana’s statutory scheme required that in a termination proceeding, the child must be appointed counsel pursuant to § 41-3-425(2)(b), MCA, and, separately, a GAL was to be appointed pursuant to § 41-3-112(1), MCA. The amendment removed the mandatory language…”
In Re Rmt (Mont. 2011).
— Mont. Code Ann. § 41-3-112(3)(a) — 2 cases
Matter of B.F., YINC (Mont. 2020). “¶33 The general role of a GAL in abuse in neglect proceedings is to represent children’s best interests, and to perform general duties and conduct investigations to ascertain the facts constituting the alleged abuse or neglect.”
In re J.D. (Mont. 2019). “Section 41-3-112, MCA. ***156 "[A]ny party may petition the court for the removal and replacement of the" CASA appointed as the child's GAL.”
— Mont. Code Ann. § 41-3-112(3)(c) — 1 case
In re J.D. (Mont. 2019). “Section 41-3-112, MCA. ***156 "[A]ny party may petition the court for the removal and replacement of the" CASA appointed as the child's GAL.”
— Mont. Code Ann. § 41-3-112(3)(e) — 4 cases
In re R.M.T. (Mont. 2011). “’s GAL, due to Williams’s failure to file a report with the court pursuant to § 41-3-112, MCA. The court declined to remove Williams as R.”
In re J.D. (Mont. 2019). “Section 41-3-112, MCA. ***156 "[A]ny party may petition the court for the removal and replacement of the" CASA appointed as the child's GAL.”
Matter of B.F., YINC (Mont. 2020). “¶33 The general role of a GAL in abuse in neglect proceedings is to represent children’s best interests, and to perform general duties and conduct investigations to ascertain the facts constituting the alleged abuse or neglect.”
Matter of J.P., YINC (Mont. 2020).
— Mont. Code Ann. § 41-3-112(3)(g) — 5 cases
In re T.D.H. (Mont. 2015). “Previously, Montana’s statutory scheme required that in a termination proceeding, the child must be appointed counsel pursuant to § 41-3-425(2)(b), MCA, and, separately, a GAL was to be appointed pursuant to § 41-3-112(1), MCA. The amendment removed the mandatory language…”
In re R.M.T. (Mont. 2011). “’s GAL, due to Williams’s failure to file a report with the court pursuant to § 41-3-112, MCA. The court declined to remove Williams as R.”
In re J.D. (Mont. 2019). “Section 41-3-112, MCA. ***156 "[A]ny party may petition the court for the removal and replacement of the" CASA appointed as the child's GAL.”
Matter of J.H. J.H. & T.D.H. (Mont. 2015).
In Re Rmt (Mont. 2011).
— Mont. Code Ann. § 41-3-112(4) — 2 cases
In re I.M. (Mont. 2018). “The State argues the District Court did not error in admitting the drug test results through CASA Lux asserting her testimony provided sufficient foundation.”
Matter of I.M. O.G. A.D. Yinc (Mont. 2018). “The State argues the District Court did not error in admitting the drug test results through CASA Lux asserting her testimony provided sufficient foundation.”
— Mont. Code Ann. § 41-3-112(5) — 3 cases
In re K.H. (Mont. 2012). “]” We cannot square the legislature’s directives protecting the interests and rights of children with Mother’s contention that they are not permitted a voice in these proceedings. ¶26 Second, Mother asserts that an appeal on behalf of the children may be brought only by the GAL,…”
In re J.D. (Mont. 2019). “Section 41-3-112, MCA. ***156 "[A]ny party may petition the court for the removal and replacement of the" CASA appointed as the child's GAL.”
Matter of K.H. K.M. YINCs (Mont. 2012). “¶26 Second, Mother asserts that an appeal on behalf of the children may be brought only by the GAL, who is tasked with pursuing the children’s best interests.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.