Montana Code Annotated

Mont. Code Ann. § 41-3-401 (2026)

Renumbered 41-3-422

✓ current as of May 2026

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TITLE 41. MINORS

CHAPTER 3. CHILD ABUSE AND NEGLECT

Part 4. Abuse or Neglect Proceedings

Renumbered 41-3-422

41-3-401. Renumbered 41-3-422. Sec. 17(2), Ch. 281, L. 2001.

Notes of Decisions

Cited in 56 cases, 1979–2019 · leading case: In re Declaring S.P., 786 P.2d 642 (Mont. 1990).

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In re Declaring S.P., 786 P.2d 642 (Mont. 1990). · cites it 20× “The petition was brought by the Missoula County Attorney’s office and stated, in compliance with § 41-3-401, MCA, the four children were abused, neglected or dependent or in danger of becoming abused, neglected or dependent.”

Babcock v. Wonnacott, 885 P.2d 522 (Mont. 1994). · cites it 20× “The Legislature has established the procedure under § 41-3-401, MCA, which the State must follow, and the findings the court must make, before custody of a child may be taken from a natural parent.”

In re R.A.D., 753 P.2d 862 (Mont. 1988). · cites it 13× “First, he argues that he did not receive notice that the November 22, 1985 and April, 1986 hearings were going to be combined adjudicatory and dispositional hearings and that, again, the hearing on the Section 41-3-401, MCA, petition was not held within the mandatory 20-day…”

In re M.F., 653 P.2d 1205 (Mont. 1982). · cites it 9× “The mother further argues the submission of a social worker’s “report to the court” along with the petition for permanent custody is reversible error. The section governing abuse, neglect and dependency petitions neither requires nor prohibits attaching a social worker’s report…”

Schultz v. Schultz, 602 P.2d 595 (Mont. 1979). · cites it 10× “The county attorney did not, as required by section 41-3-401(1), MCA, file the petition.”

In re M. G. M., 654 P.2d 994 (Mont. 1982). · cites it 7× “On September 23, 1980, SRS filed a petition under section 41-3-401, MCA, asking that M.G.M.”

Pierce v. Pierce, 645 P.2d 1353 (Mont. 1982). · cites it 5× “Under Montana law it is clear that the only way parental rights can be terminated judicially, absent consent of the biological parents, is under Montana’s statutes governing child abuse, neglect or dependency, under section 41-3-401 et seq., MCA. Henderson v.”

In re E.Y.R., 446 P.3d 1117 (Mont. 2019). · cites it 3× “Section 41-3-401, MCA. After the submission of the petition, a court will then hold an adjudicatory hearing to determine if the child is a "youth in need of care.”

In re Declaring M.E.M., 679 P.2d 1241 (Mont. 1984). · cites it 4× “See Sections 41-3-401, et seq., and 41-3-601, et seq.”

In Re the Custody & Parental Rights of M.W., 2001 MT 78 (Mont. 2001). · cites it 2× “The court appointed attorneys for Heather and Jeremy pursuant to § 41-3-401(12), MCA. ¶12 During the hearing held on March 2,1999, several therapists and social workers recommended that C.”

Matter of SP, 786 P.2d 642 (Mont. 1990). · cites it 20× “The petition was brought by the Missoula County Attorney's office and stated, in compliance with § 41-3-401, MCA, the four children were abused, neglected or dependent or in danger of becoming abused, neglected or dependent.”

In re B.N.Y., 2003 MT 241 (Mont. 2003). · cites it 2× “was not represented by counsel at that time, she remarkably filed a motion to dismiss the Department’s petition which correctly noted that no previous abuse and neglect proceeding had been initiated under § 41-3-401, MCA (1999), and that the court had not entered a finding of…”

Show all 56 citing cases →

— Mont. Code Ann. § 41-3-401(1) — 6 cases

Erger v. Askren, 919 P.2d 388 (Mont. 1996).

Pierce v. Pierce, 645 P.2d 1353 (Mont. 1982). “Under Montana law it is clear that the only way parental rights can be terminated judicially, absent consent of the biological parents, is under Montana’s statutes governing child abuse, neglect or dependency, under section 41-3-401 et seq., MCA. Henderson v.”

Babcock v. Wonnacott, 885 P.2d 522 (Mont. 1994). “The Legislature has established the procedure under § 41-3-401, MCA, which the State must follow, and the findings the court must make, before custody of a child may be taken from a natural parent.”

Schultz v. Schultz, 602 P.2d 595 (Mont. 1979). “The county attorney did not, as required by section 41-3-401(1), MCA, file the petition.”

Girard v. Williams, 1998 MT 231 (Mont. 1998).

— Mont. Code Ann. § 41-3-401(10) — 6 cases

In re Declaring S.P., 786 P.2d 642 (Mont. 1990). “The petition was brought by the Missoula County Attorney’s office and stated, in compliance with § 41-3-401, MCA, the four children were abused, neglected or dependent or in danger of becoming abused, neglected or dependent.”

In re Declaring M.E.M., 679 P.2d 1241 (Mont. 1984). “See Sections 41-3-401, et seq., and 41-3-601, et seq.”

Matter of SP, 786 P.2d 642 (Mont. 1990). “The petition was brought by the Missoula County Attorney's office and stated, in compliance with § 41-3-401, MCA, the four children were abused, neglected or dependent or in danger of becoming abused, neglected or dependent.”

In re Declaring B.H.M., 799 P.2d 1090 (Mont. 1990).

Matter of MEM, 679 P.2d 1241 (Mont. 1984).

— Mont. Code Ann. § 41-3-401(11) — 4 cases

In re Declaring C.L.R., 685 P.2d 926 (Mont. 1984).

Matter of CLR, 685 P.2d 926 (Mont. 1984).

— Mont. Code Ann. § 41-3-401(12) — 5 cases

In re M.F., 653 P.2d 1205 (Mont. 1982). “The mother further argues the submission of a social worker’s “report to the court” along with the petition for permanent custody is reversible error. The section governing abuse, neglect and dependency petitions neither requires nor prohibits attaching a social worker’s report…”

In Re the Custody & Parental Rights of M.W., 2001 MT 78 (Mont. 2001). “The court appointed attorneys for Heather and Jeremy pursuant to § 41-3-401(12), MCA. ¶12 During the hearing held on March 2,1999, several therapists and social workers recommended that C.”

In re A.M., 2001 MT 60 (Mont. 2001).

In Re Am, 2001 MT 60 (Mont. 2001).

Matter of MF, 653 P.2d 1205 (Mont. 1982).

— Mont. Code Ann. § 41-3-401(13) — 2 cases

In re J.W., 736 P.2d 960 (Mont. 1987).

Matter of JW, 736 P.2d 960 (Mont. 1987).

— Mont. Code Ann. § 41-3-401(2) — 9 cases

In re R.A.D., 753 P.2d 862 (Mont. 1988). “First, he argues that he did not receive notice that the November 22, 1985 and April, 1986 hearings were going to be combined adjudicatory and dispositional hearings and that, again, the hearing on the Section 41-3-401, MCA, petition was not held within the mandatory 20-day…”

In re M.O., 2003 MT 4 (Mont. 2003).

In re A.J.S., 630 P.2d 217 (Mont. 1981).

— Mont. Code Ann. § 41-3-401(3) — 4 cases

In re Declaring T.E.R., 590 P.2d 1117 (Mont. 1979).

In Re L.m.a.t, 2002 MT 163 (Mont. 2002).

Matter of TER, 590 P.2d 1117 (Mont. 1979).

In Re Lmat, 2002 MT 163 (Mont. 2002).

— Mont. Code Ann. § 41-3-401(4) — 8 cases

Schultz v. Schultz, 602 P.2d 595 (Mont. 1979). “The county attorney did not, as required by section 41-3-401(1), MCA, file the petition.”

In Re L.m.a.t, 2002 MT 163 (Mont. 2002).

In re A.E., 840 P.2d 572 (Mont. 1992).

— Mont. Code Ann. § 41-3-401(8) — 2 cases

Schultz v. Schultz, 602 P.2d 595 (Mont. 1979). “The county attorney did not, as required by section 41-3-401(1), MCA, file the petition.”

— Mont. Code Ann. § 41-3-401(9) — 2 cases

— Mont. Code Ann. § 41-3-401(9)(a) — 1 case

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