Montana Code Annotated

Mont. Code Ann. § 41-3-425 (2026)

Right To Counsel

✓ current as of May 2026

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TITLE 41. MINORS

CHAPTER 3. CHILD ABUSE AND NEGLECT

Part 4. Abuse or Neglect Proceedings

Right To Counsel

41-3-425. Right to counsel. (1) Any party involved in a petition filed pursuant to 41-3-422 has the right to counsel in all proceedings held pursuant to the petition.

(2) Except as provided in subsection (3), the court shall immediately appoint the office of state public defender to assign counsel for:

(a) any indigent parent, guardian, or other person having legal custody of a child or youth in a removal, placement, or termination proceeding pursuant to 41-3-422, pending a determination of eligibility pursuant to 47-1-111;

(b) any child or youth involved in a proceeding under a petition filed pursuant to 41-3-422;

(c) any party entitled to counsel at public expense under the federal Indian Child Welfare Act or the Montana Indian Child Welfare Act provided for in Title 41, chapter 3, part 13; and

(d) any child petitioning for reinstatement of parental rights pursuant to 41-3-615.

(3) Except as provided in the federal Indian Child Welfare Act or the Montana Indian Child Welfare Act, a court may not appoint a public defender to a putative father, as defined in 42-2-201, of a child or youth in a removal, placement, or termination proceeding pursuant to 41-3-422 until:

(a) the putative father is successfully served notice of a petition filed pursuant to 41-3-422; and

(b) the putative father makes a request to the court in writing to appoint the office of state public defender to assign counsel.

History: En. Sec. 15, Ch. 449, L. 2005; amd. Sec. 1, Ch. 511, L. 2007; amd. Sec. 1, Ch. 343, L. 2011; amd. Sec. 1, Ch. 29, L. 2013; amd. Sec. 2, Ch. 52, L. 2017; amd. Sec. 2, Ch. 295, L. 2023; amd. Sec. 1, Ch. 655, L. 2023; amd. Sec. 35, Ch. 716, L. 2023; amd. Sec. 3, Ch. 578, L. 2025.

Notes of Decisions

Cited in 33 cases (4 in the last 5 years), 2006–2025 · leading case: In re A.D.B..

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In re A.D.B. (Mont. 2013). · cites it 11× “Section 41-3-425, MCA. A G.A.L. is not required to be an attorney.”

Adoption of A.W.S. & K.R.S. (Mont. 2014). · cites it 6× “3 In abuse and neglect proceedings, the office of the state public defender is appointed and assigns counsel to represent indigent parents after determining eligibility as provided in § 47-1-111, MCA Section 41-3-425, MCA The public defender also is responsible for assigning…”

In re K.H. (Mont. 2012). · cites it 6× “Section 41-3-425, MCA, on the other hand, does include the children-along with the parents-among those who may be entitled to court-appointed legal representation in the case, a status reserved for parties whose legal interests are directly at stake in the proceedings.”

In re T.D.H. (Mont. 2015). · cites it 8× “The 2011 amendment to § 41-3-425, MCA, on this basis alone, is incompatible with our constitutional protections to be afforded a child in dependency proceedings.”

In re R.M.T. (Mont. 2011). · cites it 13× “Section 41-3-425, MCA, also requires the court to appoint an attorney for the child in abuse and neglect proceedings.”

In re J.W.C. (Mont. 2011). · cites it 6× “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 M.V.R. (Mont. 2016). · cites it 9× “The District Court properly appointed a public defender for Mother immediately upon initiation of these proceedings.”

In re A.N.W. (Mont. 2006). · cites it 2× “Consequently, I join in the Court’s refusal to address the substantive merits of Issue Three, adding a fervent hope that the enactment of § 41-3-425, MCA (providing for the right to counsel in all proceedings involving any petition filed pursuant to § 41-3-422, MCA), and the…”

Blakeney v. McRee (Miss. 2016). “462(2); Mont.Code Ann. § 41-3-425(2)(a); Neb.Rev.”

In re J.J.L. (Mont. 2010). · cites it 3× “The eighth subsection states: “any combination of the provisions of subsections (l)(a)(i) through (l)(a)(vii) or any other relief that may be required for the best interest of the child.”

In re J.D. (Mont. 2019). · cites it 7× “Section 41-3-425 (3), MCA. A Court must assign an attorney for a child in dependency and neglect proceedings where a child does not have an appointed GAL.”

In re J.B. (Mont. 2015). · cites it 10× “” Section 41-3-425(1), MCA. This statute requires a district court automatically appoint counsel for “any indigent parent, guardian, or other person having legal custody of a child or youth in a removal, placement or termination proceeding” and “any child or youth involved in a…”

Show all 33 citing cases →

— Mont. Code Ann. § 41-3-425(1) — 12 cases

In re M.V.R. (Mont. 2016). “The District Court properly appointed a public defender for Mother immediately upon initiation of these proceedings.”

In re J.D. (Mont. 2019). “Section 41-3-425 (3), MCA. A Court must assign an attorney for a child in dependency and neglect proceedings where a child does not have an appointed GAL.”

In re J.B. (Mont. 2015). “” Section 41-3-425(1), MCA. This statute requires a district court automatically appoint counsel for “any indigent parent, guardian, or other person having legal custody of a child or youth in a removal, placement or termination proceeding” and “any child or youth involved in a…”

Matter of J.B. YINC (Mont. 2015).

Matter of M.V.R. YINC (Mont. 2016).

— Mont. Code Ann. § 41-3-425(2) — 5 cases

In re R.M.T. (Mont. 2011). “Section 41-3-425, MCA, also requires the court to appoint an attorney for the child in abuse and neglect proceedings.”

Matter of J.B. YINC (Mont. 2015).

Matter of E.F., YINC (Mont. 2022).

In Re Rmt (Mont. 2011).

— Mont. Code Ann. § 41-3-425(2)(a) — 7 cases

Adoption of A.W.S. & K.R.S. (Mont. 2014). “3 In abuse and neglect proceedings, the office of the state public defender is appointed and assigns counsel to represent indigent parents after determining eligibility as provided in § 47-1-111, MCA Section 41-3-425, MCA The public defender also is responsible for assigning…”

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 M.V.R. (Mont. 2016). “The District Court properly appointed a public defender for Mother immediately upon initiation of these proceedings.”

Blakeney v. McRee (Miss. 2016). “462(2); Mont.Code Ann. § 41-3-425(2)(a); Neb.Rev.”

Matter of J.W.C. L.W.C. K.W.C. An (Mont. 2011).

— Mont. Code Ann. § 41-3-425(2)(b) — 9 cases

In re K.H. (Mont. 2012). “Section 41-3-425, MCA, on the other hand, does include the children-along with the parents-among those who may be entitled to court-appointed legal representation in the case, a status reserved for parties whose legal interests are directly at stake in the proceedings.”

In re R.M.T. (Mont. 2011). “Section 41-3-425, MCA, also requires the court to appoint an attorney for the child in abuse and neglect proceedings.”

In re T.D.H. (Mont. 2015). “The 2011 amendment to § 41-3-425, MCA, on this basis alone, is incompatible with our constitutional protections to be afforded a child in dependency proceedings.”

In re J.D. (Mont. 2019). “Section 41-3-425 (3), MCA. A Court must assign an attorney for a child in dependency and neglect proceedings where a child does not have an appointed GAL.”

— Mont. Code Ann. § 41-3-425(3) — 4 cases

In re T.D.H. (Mont. 2015). “The 2011 amendment to § 41-3-425, MCA, on this basis alone, is incompatible with our constitutional protections to be afforded a child in dependency proceedings.”

In re R.M.T. (Mont. 2011). “Section 41-3-425, MCA, also requires the court to appoint an attorney for the child in abuse and neglect proceedings.”

Matter of J.H. J.H. & T.D.H. (Mont. 2015).

In Re Rmt (Mont. 2011).

— Mont. Code Ann. § 41-3-425(3)(b) — 2 cases

In re A.D.B. (Mont. 2013). “Section 41-3-425, MCA. A G.A.L. is not required to be an attorney.”

Matter of A.D.B. YINC. (Mont. 2013).

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