41-3-403. Renumbered 41-3-423. Sec. 17(2), Ch. 281, L. 2001.
Montana Code Annotated
Mont. Code Ann. § 41-3-403 (2026)
Renumbered 41-3-423
✓ 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 41-3-423
Notes of Decisions
Cited in 31
cases, 1985–2006 · leading case: In re Declaring S.P., 786 P.2d 642 (Mont. 1990).
In re Declaring S.P., 786 P.2d 642 (Mont. 1990). “Furthermore, the court granted relief in substantially the same form as provided for in subsection (2) of § 41-3-403, MCA, thus meeting all requirements of the statute.”
In re T.E., 2002 MT 195 (Mont. 2002). “to rehabilitate him and avoid removal of the children in accordance with § 41-3-403(2), MCA (1997); (5) state the reasons 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…”
In re B.P., 2000 MT 39 (Mont. 2000). “ed, in pertinent part, that “[t]he Department has presented evidence sufficient and Ronda Pavek stipulated that sufficient evidence exists to support a probably [sic] cause finding that the *290 youths are abused or neglected or are in danger of being abused or neglected, and…”
In re M.A.L., 2006 MT 299 (Mont. 2006). “This Court held that the plain language of § 41-3-403(2)(a), MCA (1999) (now § 41-3-423(2)(a), MCA), allows a court to conclude that preservation or reunification services are not required if it finds that any of the criteria in the statute are met.”
In Re L.m.a.t, 2002 MT 163 (Mont. 2002). “See § 41-3-423(1), MCA (2001) (formerly § 41-3-403(2), MCA (1999)). However, a district court “may make a finding that [DPHHS] need not make reasonable efforts to provide preservation or reunification services if the court finds that the parent has subjected a child to…”
In re A.M., 2001 MT 60 (Mont. 2001). “See also § 41-3-403(l)(c), MCA (providing that at the show cause hearing, the court shall provide an opportunity for a parent or guardian, if present, and any other person having relevant knowledge to provide relevant testimony, and may “limit testimony and evidence to only that…”
In re C.P., 2001 MT 187 (Mont. 2001). “¶17 The circumstances listed in § 41-3-403(2)(e), MCA, include those where a parent has: had parental rights to the child’s sibling or other child of the parent involuntarily terminated and the circumstances related to the termination of parental rights are relevant to the…”
In re J.W., 736 P.2d 960 (Mont. 1987). “positional order? The mother contends the November 15, 1985, District Court order should have been vacated for the following reasons: 1) the petition for temporary investigative authority was not supported by probable cause that the children were in danger of being abused or…”
In re M.P.M., 1999 MT 78 (Mont. 1999). “¶8 In compliance with § 41-3-403, MCA, Judge Barz ordered a show cause hearing at which to consider the Department’s petition.”
In Re the Marriage of Miller, 825 P.2d 189 (Mont. 1992). “Under § 41-3-403, MCA, upon the filing of that petition, the court may issue an order granting such relief as may be required for the immediate protection of the youth, and the order shall be served on the persons named in the petition, requiring that the persons appear at a…”
Matter of SP, 786 P.2d 642 (Mont. 1990). “Furthermore, the court granted relief in substantially the same form as provided for in subsection (2) of § 41-3-403, MCA, thus meeting all requirements of the statute.”
In re K.H., 701 P.2d 720 (Mont. 1985). “This order was an order for immediate protection of youth oursuant to section 41-3-403, MCA. At the second hearing, on December 17, 1984, with new petition and affidavit, the District Court found probable cause for State intervention and ordered temporary investigative authority…”
— Mont. Code Ann. § 41-3-403(1)(a) — 1 case
Matter of SP, 786 P.2d 642 (Mont. 1990). “Furthermore, the court granted relief in substantially the same form as provided for in subsection (2) of § 41-3-403, MCA, thus meeting all requirements of the statute.”
— Mont. Code Ann. § 41-3-403(1)(b) — 1 case
Matter of SP, 786 P.2d 642 (Mont. 1990). “Furthermore, the court granted relief in substantially the same form as provided for in subsection (2) of § 41-3-403, MCA, thus meeting all requirements of the statute.”
— Mont. Code Ann. § 41-3-403(1)(c) — 6 cases
In Re Am, 2001 MT 60 (Mont. 2001).
Matter of SP, 786 P.2d 642 (Mont. 1990). “Furthermore, the court granted relief in substantially the same form as provided for in subsection (2) of § 41-3-403, MCA, thus meeting all requirements of the statute.”
In Re K.B. & M.B., 1998 MT 337N (Mont. 1998).
In Re Te, 2002 MT 195 (Mont. 2002).
In Re Lmat, 2002 MT 163 (Mont. 2002).
— Mont. Code Ann. § 41-3-403(2) — 6 cases
In re T.E., 2002 MT 195 (Mont. 2002). “to rehabilitate him and avoid removal of the children in accordance with § 41-3-403(2), MCA (1997); (5) state the reasons 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…”
In Re L.m.a.t, 2002 MT 163 (Mont. 2002). “See § 41-3-423(1), MCA (2001) (formerly § 41-3-403(2), MCA (1999)). However, a district court “may make a finding that [DPHHS] need not make reasonable efforts to provide preservation or reunification services if the court finds that the parent has subjected a child to…”
In re Inquiry of S.L.T., 697 P.2d 472 (Mont. 1985).
In Re Lmat, 2002 MT 163 (Mont. 2002).
In Re Te, 2002 MT 195 (Mont. 2002).
— Mont. Code Ann. § 41-3-403(2)(a) — 4 cases
In re M.A.L., 2006 MT 299 (Mont. 2006). “This Court held that the plain language of § 41-3-403(2)(a), MCA (1999) (now § 41-3-423(2)(a), MCA), allows a court to conclude that preservation or reunification services are not required if it finds that any of the criteria in the statute are met.”
In Re L.m.a.t, 2002 MT 163 (Mont. 2002). “See § 41-3-423(1), MCA (2001) (formerly § 41-3-403(2), MCA (1999)). However, a district court “may make a finding that [DPHHS] need not make reasonable efforts to provide preservation or reunification services if the court finds that the parent has subjected a child to…”
Matter of M.A.L. D.L. & T.L., 2006 MT 299 (Mont. 2006).
In Re Lmat, 2002 MT 163 (Mont. 2002).
— Mont. Code Ann. § 41-3-403(2)(e) — 2 cases
In re C.P., 2001 MT 187 (Mont. 2001). “¶17 The circumstances listed in § 41-3-403(2)(e), MCA, include those where a parent has: had parental rights to the child’s sibling or other child of the parent involuntarily terminated and the circumstances related to the termination of parental rights are relevant to the…”
In Re Cp, 2001 MT 187 (Mont. 2001).
— Mont. Code Ann. § 41-3-403(3)(b) — 2 cases
In re B.P., 2000 MT 39 (Mont. 2000). “ed, in pertinent part, that “[t]he Department has presented evidence sufficient and Ronda Pavek stipulated that sufficient evidence exists to support a probably [sic] cause finding that the *290 youths are abused or neglected or are in danger of being abused or neglected, and…”
In Re Bp, 2000 MT 39 (Mont. 2000).
— Mont. Code Ann. § 41-3-403(3)(d) — 2 cases
In re B.P., 2000 MT 39 (Mont. 2000). “ed, in pertinent part, that “[t]he Department has presented evidence sufficient and Ronda Pavek stipulated that sufficient evidence exists to support a probably [sic] cause finding that the *290 youths are abused or neglected or are in danger of being abused or neglected, and…”
In Re Bp, 2000 MT 39 (Mont. 2000).
— Mont. Code Ann. § 41-3-403(l)(a) — 1 case
In re Declaring S.P., 786 P.2d 642 (Mont. 1990). “Furthermore, the court granted relief in substantially the same form as provided for in subsection (2) of § 41-3-403, MCA, thus meeting all requirements of the statute.”
— Mont. Code Ann. § 41-3-403(l)(b) — 1 case
In re Declaring S.P., 786 P.2d 642 (Mont. 1990). “Furthermore, the court granted relief in substantially the same form as provided for in subsection (2) of § 41-3-403, MCA, thus meeting all requirements of the statute.”
— Mont. Code Ann. § 41-3-403(l)(c) — 5 cases
In re T.E., 2002 MT 195 (Mont. 2002). “to rehabilitate him and avoid removal of the children in accordance with § 41-3-403(2), MCA (1997); (5) state the reasons 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…”
In re A.M., 2001 MT 60 (Mont. 2001). “See also § 41-3-403(l)(c), MCA (providing that at the show cause hearing, the court shall provide an opportunity for a parent or guardian, if present, and any other person having relevant knowledge to provide relevant testimony, and may “limit testimony and evidence to only that…”
In re Declaring S.P., 786 P.2d 642 (Mont. 1990). “Furthermore, the court granted relief in substantially the same form as provided for in subsection (2) of § 41-3-403, MCA, thus meeting all requirements of the statute.”
In re B.P., 2000 MT 39 (Mont. 2000). “ed, in pertinent part, that “[t]he Department has presented evidence sufficient and Ronda Pavek stipulated that sufficient evidence exists to support a probably [sic] cause finding that the *290 youths are abused or neglected or are in danger of being abused or neglected, and…”
In Re L.m.a.t, 2002 MT 163 (Mont. 2002). “See § 41-3-423(1), MCA (2001) (formerly § 41-3-403(2), MCA (1999)). However, a district court “may make a finding that [DPHHS] need not make reasonable efforts to provide preservation or reunification services if the court finds that the parent has subjected a child to…”
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