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

Mont. Code Ann. § 41-3-303 (2026)

Renumbered 41-3-112

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 41
  3. CHAPTER 3
  4. Part 3
  5. 41-3-303 Renumbered 41-3-112

TITLE 41. MINORS

CHAPTER 3. CHILD ABUSE AND NEGLECT

Part 3. Protective Care

Renumbered 41-3-112

41-3-303. Renumbered 41-3-112. Sec. 17(3)(a), Ch. 281, L. 2001.

Notes of Decisions
Cited in 18 cases, 1990–2018 · leading case: In re I.M., 414 P.3d 797 (Mont. 2018).
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In re I.M., 414 P.3d 797 (Mont. 2018). · cites it 7× “¶ 18 Section 41-3-112(4), MCA, originated in 1999 when the Legislature added subsection 3 to § 41-3-303, MCA (1999). HB 366, 56th Leg.”
In re Inquiry into A.W., 1999 MT 42 (Mont. 1999). · cites it 14× “DISCUSSION ¶5 Does the District Court have statutory authority to order parents who are the subject of a parental neglect or abuse investigation to reimburse the county for costs and fees of the guardian ad litem? ¶6 The District Court concluded that § 41-3-303, MCA, requires…”
Fitzgerald v. Brown, 857 P.2d 708 (Mont. 1993). · cites it 6× “Eva argues that Randi Hood, the attorney representing Joey in this case, did not conduct an investigation or produce the information required by § 41-3-303, MCA. She asserts that the court erred when it awarded custody without such information from the guardian ad litem.”
In re B.P., 2000 MT 39 (Mont. 2000). · cites it 5× “Section 41-3-303(2), MCA (1997). ¶42 Ronda has presented no evidence that Brown was not performing the duties of her appointment pursuant to § 41-3-303(2), MCA (1997).”
In Re Custody of JMD, 857 P.2d 708 (Mont. 1993). · cites it 6× “Eva argues that Randi Hood, the attorney representing Joey in this case, did not conduct an investigation or produce the information required by *714 § 41-3-303, MCA. She asserts that the court erred when it awarded custody without such information from the guardian ad litem.”
In re T.S., 801 P.2d 77 (Mont. 1990). · cites it 2× “These proceedings require the appointment of a guardian ad litem under § 41-3-303, MCA, to represent the child’s interests.”
In re B.P., 2001 MT 219 (Mont. 2001). · cites it 4× “¶21 Under § 41-3-303(2), MCA (1997), a guardian ad litem is charged with representing the child’s best interests and has the following general duties: (a) to conduct investigations that the guardian ad litem considers necessary to ascertain the facts constituting the alleged…”
In re Declaring M.W., 2002 MT 126 (Mont. 2002). · cites it 7× “challenged the constitutionality of § 41-3-303(3), MCA (1999), as a violation of his right to confront the expert witnesses on whom the guardian had based her opinions.”
In re E.A.T., 1999 MT 281 (Mont. 1999). · cites it 2× “Additionally, based upon this same statutory language, as well as § 41-3-303(2), MCA, which describes the role of the guardian ad litem as: “charged with the representation of the child’s best interests,” we conclude that Nicki does not have standing to assert a violation of E.”
Matter of A.W. D.G. M.G., 1999 MT 42 (Mont. 1999). · cites it 11× “The District Court concluded that § 41-3-303, MCA, requires parents to pay the fees and costs of the court-appointed guardian ad litem if they have the financial resources to do so.”
In re F.H., 901 P.2d 96 (Mont. 1995). · cites it 3× “) Section 41-3-303, MCA. The Chases argue that Black’s Law Dictionary defines a guardian ad litem as an attorney appointed for a child at a particular hearing.”
Matter of I.M. O.G. A.D. Yinc, 2018 MT 61 (Mont. 2018). · cites it 6× “¶18 Section 41-3-112(4), MCA, originated in 1999 when the Legislature added subsection 3 to § 41-3-303, MCA (1999). HB 366, 56th Leg.”
Show all 18 citing cases →
Mont. Code Ann. § 41-3-303(1): 2 cases
In re Inquiry into A.W., 1999 MT 42 (Mont. 1999). “DISCUSSION ¶5 Does the District Court have statutory authority to order parents who are the subject of a parental neglect or abuse investigation to reimburse the county for costs and fees of the guardian ad litem? ¶6 The District Court concluded that § 41-3-303, MCA, requires…”
Matter of A.W. D.G. M.G., 1999 MT 42 (Mont. 1999). “The District Court concluded that § 41-3-303, MCA, requires parents to pay the fees and costs of the court-appointed guardian ad litem if they have the financial resources to do so.”
Mont. Code Ann. § 41-3-303(2): 8 cases
In re B.P., 2000 MT 39 (Mont. 2000). “Section 41-3-303(2), MCA (1997). ¶42 Ronda has presented no evidence that Brown was not performing the duties of her appointment pursuant to § 41-3-303(2), MCA (1997).”
Fitzgerald v. Brown, 857 P.2d 708 (Mont. 1993). “Eva argues that Randi Hood, the attorney representing Joey in this case, did not conduct an investigation or produce the information required by § 41-3-303, MCA. She asserts that the court erred when it awarded custody without such information from the guardian ad litem.”
In re B.P., 2001 MT 219 (Mont. 2001). “¶21 Under § 41-3-303(2), MCA (1997), a guardian ad litem is charged with representing the child’s best interests and has the following general duties: (a) to conduct investigations that the guardian ad litem considers necessary to ascertain the facts constituting the alleged…”
In Re Custody of JMD, 857 P.2d 708 (Mont. 1993). “Eva argues that Randi Hood, the attorney representing Joey in this case, did not conduct an investigation or produce the information required by *714 § 41-3-303, MCA. She asserts that the court erred when it awarded custody without such information from the guardian ad litem.”
In re E.A.T., 1999 MT 281 (Mont. 1999). “Additionally, based upon this same statutory language, as well as § 41-3-303(2), MCA, which describes the role of the guardian ad litem as: “charged with the representation of the child’s best interests,” we conclude that Nicki does not have standing to assert a violation of E.”
Mont. Code Ann. § 41-3-303(3): 4 cases
In re I.M., 414 P.3d 797 (Mont. 2018). “¶ 18 Section 41-3-112(4), MCA, originated in 1999 when the Legislature added subsection 3 to § 41-3-303, MCA (1999). HB 366, 56th Leg.”
In re Declaring M.W., 2002 MT 126 (Mont. 2002). “challenged the constitutionality of § 41-3-303(3), MCA (1999), as a violation of his right to confront the expert witnesses on whom the guardian had based her opinions.”
Matter of I.M. O.G. A.D. Yinc, 2018 MT 61 (Mont. 2018). “¶18 Section 41-3-112(4), MCA, originated in 1999 when the Legislature added subsection 3 to § 41-3-303, MCA (1999). HB 366, 56th Leg.”
In Re Mw, 2002 MT 126 (Mont. 2002).
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.