Montana Code Annotated

Mont. Code Ann. § 41-3-424 (2026)

Dismissal

✓ current as of May 2026

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TITLE 41. MINORS

CHAPTER 3. CHILD ABUSE AND NEGLECT

Part 4. Abuse or Neglect Proceedings

Dismissal

41-3-424. Dismissal. Unless the petition has been previously dismissed, the court shall dismiss an abuse and neglect petition on the motion of a party, or on its own motion, in any case in which all of the following criteria are met:

(1) a child who has been placed in foster care is reunited with the child's parents and returned home;

(2) the child remains in the home for a minimum of 6 months with no additional confirmed reports of child abuse or neglect; and

(3) the department determines and informs the court that the issues that led to department intervention have been resolved and that no reason exists for further department intervention or monitoring.

History: En. Sec. 6, Ch. 555, L. 2003.

Notes of Decisions

Cited in 13 cases (1 in the last 5 years), 2008–2023 · leading case: In re L.V.-B., 2014 MT 13 (Mont. 2014).

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In re L.V.-B., 2014 MT 13 (Mont. 2014). · cites it 18× “Whether § 41-3-424, MCA, and the placement of L.V.”

In re A.K., 2015 MT 116 (Mont. 2015). · cites it 7× “¶24 Under § 41-3-424, MCA, dismissal is appropriate when all of the following criteria are met: (1) a child who has been placed in foster case is reunited with the child’s parents and returned home; (2) the child remains in the home for a minimum of 6 months with no additional…”

In re D.B., 2008 MT 272 (Mont. 2008). · cites it 9× “Section 41-3-424, MCA, provides the circumstances under which an abuse/neglect petition can be dismissed: Unless the petition has been previously dismissed, the court shall dismiss an abuse and neglect petition on the motion of a party, or *230 on its own motion, in any case in…”

In re K.A., 2016 MT 27 (Mont. 2016). · cites it 6× “Section 41-3-424, MCA, provides, in pertinent part, that the court shall dismiss an abuse and neglect petition if all the following criteria are met: (1) a child who has been placed in foster care is reunited with the child’s parents and returned home; (2) the child remains in…”

Matter of L.V-B., 2014 MT 13 (Mont. 2014). · cites it 18× “Whether § 41-3-424, MCA, and the placement of L.V.”

In re J.A.S., 2008 MT 269 (Mont. 2008). · cites it 6× “filed an objection to DPHHS’s motion to dismiss, arguing that this action could not be dismissed as provided in § 41-3-424, MCA. E.S. also argued that this action could not be dismissed before the children were returned to him as the provisions of the ICPC had not been followed.”

In re K.B., 437 P.3d 1042 (Mont. 2019). · cites it 3× “¶16 We turn now to consider the District Court's use of Mother's conditional relinquishment from a closed and dismissed earlier proceeding to effectuate a termination of Mother's parental rights in a subsequent proceeding.”

In Re Db, 2008 MT 272 (Mont. 2008). · cites it 9× “Section 41-3-424, MCA, provides the circumstances under which an abuse/neglect petition can be dismissed: *1076 Unless the petition has been previously dismissed, the court shall dismiss an abuse and neglect petition on the motion of a party, or on its own motion, in any case in…”

In Re Jas, 2008 MT 269 (Mont. 2008). · cites it 6× “filed an objection to DPHHS's motion to dismiss, arguing that this action could not be dismissed as provided in § 41-3-424, MCA. E.S. also argued that this action could not be dismissed before the children were returned to him as the provisions of the ICPC had not been followed.”

Matter of K.A. A.A. A.A. YINCs, 2016 MT 27 (Mont. 2016). · cites it 6× “Section 41-3-424, MCA, provides, in pertinent part, that the court shall dismiss an abuse and neglect petition if all the following criteria are met: (1) a child who has been placed in foster care is reunited with the child’s parents and returned home; (2) the child remains in…”

Matter of J.A.S. E.R.S., 2008 MT 269 (Mont. 2008). · cites it 6× “filed an objection to DPHHS’s motion to dismiss, arguing that this action could not be dismissed as provided in § 41-3-424, MCA. E.S. also argued that this action could not be dismissed before the children were returned to him as the provisions of the ICPC had not been followed.”

Matter of A.K. & K.G. YINC, 2015 MT 116 (Mont. 2015). · cites it 6× “¶24 Under § 41-3-424, MCA, dismissal is appropriate when all of the following criteria are met: (1) a child who has been placed in foster case is reunited with the child’s parents and returned home; (2) the child remains in the home for a minimum of 6 months with no additional…”

Show all 13 citing cases →

— Mont. Code Ann. § 41-3-424(1) — 2 cases

In re D.B., 2008 MT 272 (Mont. 2008). “Section 41-3-424, MCA, provides the circumstances under which an abuse/neglect petition can be dismissed: Unless the petition has been previously dismissed, the court shall dismiss an abuse and neglect petition on the motion of a party, or *230 on its own motion, in any case in…”

In Re Db, 2008 MT 272 (Mont. 2008). “Section 41-3-424, MCA, provides the circumstances under which an abuse/neglect petition can be dismissed: *1076 Unless the petition has been previously dismissed, the court shall dismiss an abuse and neglect petition on the motion of a party, or on its own motion, in any case in…”

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