Mont. Code Ann. » TITLE 41. MINORS · CHAPTER 3. CHILD ABUSE AND NEGLECT · Part 4. Abuse or Neglect Proceedings
Montana Code Annotated

Mont. Code Ann. § 41-3-432 (2026)

Show Cause Hearing -- Order

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 41
  3. CHAPTER 3
  4. Part 4
  5. 41-3-432 Show cause hearing -- order

TITLE 41. MINORS

CHAPTER 3. CHILD ABUSE AND NEGLECT

Part 4. Abuse or Neglect Proceedings

Show Cause Hearing -- Order

41-3-432. Show cause hearing -- order. (1) (a) Except as provided in the federal Indian Child Welfare Act or the Montana Indian Child Welfare Act provided for in Title 41, chapter 3, part 13, a show cause hearing must be conducted within 21 days of the filing of an initial child abuse and neglect petition unless otherwise stipulated by the parties pursuant to 41-3-434 or unless an extension of time is granted by the court. A separate notice to the court stating the statutory time deadline for a hearing must accompany any petition to which the time deadline applies.

(b) If a proceeding under this chapter involves an Indian child and is subject to the federal Indian Child Welfare Act or the Montana Indian Child Welfare Act, a qualified expert witness is required to testify that the continued custody of the Indian child by the parent or Indian custodian is likely to result in serious emotional or physical damage to the Indian child.

(c) The court may grant an extension of time for a show cause hearing only upon a showing of substantial injustice and shall order an appropriate remedy that considers the best interests of the child.

(2) If a contested show cause hearing is requested pursuant to 41-3-427 based upon a disputed issue of material fact or a dispute regarding the veracity of the affidavit of the department, the court may consider all evidence and shall provide an opportunity for a parent, guardian, or other person having physical or legal custody of the child to provide testimony regarding the disputed issues. Hearsay evidence of statements made by the affected child is admissible at the hearing. The parent, guardian, or other person may be represented by legal counsel and may be appointed or assigned counsel as provided for in 41-3-425.

(3) At the show cause hearing, the court shall explain the procedures to be followed in the case and explain the parties' rights, including the right to request appointment or assignment of counsel if indigent or if appointment or assignment of counsel is required under the federal Indian Child Welfare Act or the Montana Indian Child Welfare Act, if applicable, and the right to challenge the allegations contained in the petition. The parent, guardian, or other person having physical or legal custody of the child must be given the opportunity to admit or deny the allegations contained in the petition at the show cause hearing. Inquiry must be made to determine whether the notice requirements of the federal Indian Child Welfare Act or 41-3-1311, if applicable, have been met.

(4) Except as provided in the federal Indian Child Welfare Act or the Montana Indian Child Welfare Act, if applicable, the court shall make written findings on issues including but not limited to the following:

(a) whether the child should be returned home immediately if there has been an emergency removal or remain in temporary out-of-home care or be removed from the home;

(b) if removal is ordered or continuation of removal is ordered, why continuation of the child in the home would be contrary to the child's best interests and welfare;

(c) whether the department has made reasonable efforts to avoid protective placement of the child or to make it possible to safely return the child to the child's home;

(d) financial support of the child, including inquiry into the financial ability of the parents, guardian, or other person having physical or legal custody of the child to contribute to the costs for the care, custody, and treatment of the child and requirements of a contribution for those costs pursuant to 41-3-446; and

(e) whether another hearing is needed and, if so, the date and time of the next hearing.

(5) The court may consider:

(a) terms and conditions for parental visitation; and

(b) whether orders for examinations, evaluations, counseling, immediate services, or protection are needed.

(6) Following the show cause hearing, the court may enter an order for the relief requested or amend a previous order for immediate protection of the child if one has been entered. The order must be in writing.

(7) If a child who has been removed from the child's home is not returned home after the show cause hearing or if removal is ordered, the parents or parent, guardian, or other person or agency having physical or legal custody of the child named in the petition may request that a citizen review board, if available pursuant to part 10 of this chapter, review the case within 30 days of the show cause hearing and make a recommendation to the district court, as provided in 41-3-1010.

(8) Adjudication of a child as a youth in need of care may be made at the show cause hearing if the requirements of 41-3-437(2) are met. If not made at the show cause hearing, adjudication under 41-3-437 must be made within the time limits required by 41-3-437 unless adjudication occurs earlier by stipulation of the parties pursuant to 41-3-434 and order of the court.

History: En. Sec. 6, Ch. 281, L. 2001; amd. Sec. 2, Ch. 189, L. 2003; amd. Sec. 9, Ch. 504, L. 2003; amd. Sec. 3, Ch. 349, L. 2005; amd. Sec. 32, Ch. 449, L. 2005; amd. Sec. 7, Ch. 166, L. 2007; amd. Sec. 5, Ch. 223, L. 2011; amd. Sec. 37, Ch. 716, L. 2023; amd. Sec. 3, Ch. 57, L. 2025; amd. Sec. 4, Ch. 79, L. 2025.

Notes of Decisions
Cited in 31 cases (3 in the last 5 years), 2002–2025 · leading case: In re D.B.J., 2012 MT 220 (Mont. 2012).
Sort: Relevance Newest Treatment
In re D.B.J., 2012 MT 220 (Mont. 2012). · cites it 38× “We hold that the District Court complied with the 20 day show cause hearing timeline contained within § 41-3-432, MCA. ¶39 First, C.R. claims that either the District Court “nullified” the May 18, 2010, hearing or the hearing should be considered a “nullity” *331 because of his…”
In re L.N., 2014 MT 187 (Mont. 2014). · cites it 12× “Section 41-3-432(7), MCA. ¶16 The Department removed L.”
In re R.J.F., 443 P.3d 387 (Mont. 2019). · cites it 4× “Section 41-3-432, MCA, emphasizes the importance in expeditiously addressing child dependency cases.”
In re H.T., 2015 MT 41 (Mont. 2015). · cites it 4× “At the November 15,2012 show cause hearing, although Mother could have required qualified expert testimony of “serious emotional or physical damage” under § 41-3-432(l)(b), MCA, she did not contest the Department’s request for emergency protective services or H.”
Matter of L.H., YINC, 2021 MT 199 (Mont. 2021). · cites it 3× “3 See § 41-3-432, MCA(YINC show cause hearing).”
In Re L.m.a.t, 2002 MT 163 (Mont. 2002). · cites it 11× “*431 Issue 3 ¶25 Did the District Court fail to conduct a timely show cause hearing? ¶26 Donald argues that under § 41-3-432, MCA (2001), the District Court was required to conduct a show cause hearing within ten days of September 18, 2001, the day the State filed its Petition…”
In re B.S., 2009 MT 98 (Mont. 2009). · cites it 2× “Finally, § 41-3-432(9), MCA, allows a court to adjudicate a child a youth in need of care at the show cause hearing for immediate protection and emergency protective services.”
In re O.A.W., 2007 MT 13 (Mont. 2007). · cites it 3× “” Section 41-3-432(3), MCA. The District Court did not err in admitting the statements of the children at the show cause hearing.”
In re C. R. O., 2002 MT 50 (Mont. 2002). “e following scenario could occur: the Department could remove a child from its parents at birth; petition on the same day for temporary legal custody and protective services based on “previous involvement” with one or both of the parents; obtain an adjudication that the child is…”
In re A.H., 2015 MT 75 (Mont. 2015). · cites it 7× “Sections 41-3-432(9), -434(1), -437(1), MCA. A dispositional hearing must be held within 20 days after the entry of an adjudicatory order, unless otherwise stipulated by the parties or ordered by the court.”
In re K.L., 2014 MT 28 (Mont. 2014). · cites it 2× “The show cause hearing was delinquent and not in compliance with § 41-3-432, MCA, but counsel for parents did not file an objection.”
In re M.C., 403 P.3d 1266 (Mont. 2017). · cites it 3× “Section 41-3-432, MCA. Either at the show cause hearing or pursuant to § 41-3-437(1), MCA, the court will adjudicate a child as a youth in need of care if necessary.”
Show all 31 citing cases →
Mont. Code Ann. § 41-3-432(1): 1 case
Matter of K.F. & A.F., YINC, 2020 MT 134N (Mont. 2020).
Mont. Code Ann. § 41-3-432(1)(a): 5 cases
In re R.J.F., 443 P.3d 387 (Mont. 2019). “Section 41-3-432, MCA, emphasizes the importance in expeditiously addressing child dependency cases.”
Matter of D.B.J. YINC, 2012 MT 220 (Mont. 2012).
Matter of S.W. & D.W., YINC, 2025 MT 178 (Mont. 2025).
In Re Lmat, 2002 MT 163 (Mont. 2002).
Matter of A.h L.M. J.M. Yinc, 2015 MT 75 (Mont. 2015).
Mont. Code Ann. § 41-3-432(1)(b): 1 case
Matter of H.T. YINC, 2015 MT 41 (Mont. 2015).
Mont. Code Ann. § 41-3-432(1)(c): 3 cases
Matter of T.N., YINC, 2020 MT 307N (Mont. 2020).
Matter of L.S.A., YINC, 2025 MT 44N (Mont. 2025).
Matter of A.h L.M. J.M. Yinc, 2015 MT 75 (Mont. 2015).
Mont. Code Ann. § 41-3-432(2): 2 cases
A.C. v. Montana Tenth Jud. Dist. Court, 2012 MT 110 (Mont. 2012).
Matter of S.W. & D.W., YINC, 2025 MT 178 (Mont. 2025).
Mont. Code Ann. § 41-3-432(2)(a): 1 case
Matter of S.W. & D.W., YINC, 2025 MT 178 (Mont. 2025).
Mont. Code Ann. § 41-3-432(3): 4 cases
In re D.B.J., 2012 MT 220 (Mont. 2012). “We hold that the District Court complied with the 20 day show cause hearing timeline contained within § 41-3-432, MCA. ¶39 First, C.R. claims that either the District Court “nullified” the May 18, 2010, hearing or the hearing should be considered a “nullity” *331 because of his…”
In re O.A.W., 2007 MT 13 (Mont. 2007). “” Section 41-3-432(3), MCA. The District Court did not err in admitting the statements of the children at the show cause hearing.”
In Re Oaw, 2007 MT 13 (Mont. 2007).
Matter of D.B.J. YINC, 2012 MT 220 (Mont. 2012).
Mont. Code Ann. § 41-3-432(4): 3 cases
Matter of T.a-k. J.a-k., 2008 MT 438N (Mont. 2008).
In the Matter of T.A-K. & J.A-K., 2008 MT 438N (Mont. 2008).
A.C. v. Montana Tenth Jud. Dist. Court, 2012 MT 110 (Mont. 2012).
Mont. Code Ann. § 41-3-432(5)(a): 2 cases
In re D.B.J., 2012 MT 220 (Mont. 2012). “We hold that the District Court complied with the 20 day show cause hearing timeline contained within § 41-3-432, MCA. ¶39 First, C.R. claims that either the District Court “nullified” the May 18, 2010, hearing or the hearing should be considered a “nullity” *331 because of his…”
Matter of D.B.J. YINC, 2012 MT 220 (Mont. 2012).
Mont. Code Ann. § 41-3-432(5)(e): 2 cases
In re D.B.J., 2012 MT 220 (Mont. 2012). “We hold that the District Court complied with the 20 day show cause hearing timeline contained within § 41-3-432, MCA. ¶39 First, C.R. claims that either the District Court “nullified” the May 18, 2010, hearing or the hearing should be considered a “nullity” *331 because of his…”
Matter of D.B.J. YINC, 2012 MT 220 (Mont. 2012).
Mont. Code Ann. § 41-3-432(7): 1 case
In re L.N., 2014 MT 187 (Mont. 2014). “Section 41-3-432(7), MCA. ¶16 The Department removed L.”
Mont. Code Ann. § 41-3-432(9): 4 cases
In re B.S., 2009 MT 98 (Mont. 2009). “Finally, § 41-3-432(9), MCA, allows a court to adjudicate a child a youth in need of care at the show cause hearing for immediate protection and emergency protective services.”
Matter of L.H., YINC, 2021 MT 199 (Mont. 2021). “3 See § 41-3-432, MCA(YINC show cause hearing).”
In re A.H., 2015 MT 75 (Mont. 2015). “Sections 41-3-432(9), -434(1), -437(1), MCA. A dispositional hearing must be held within 20 days after the entry of an adjudicatory order, unless otherwise stipulated by the parties or ordered by the court.”
In the Matter of Bs, 2009 MT 98 (Mont. 2009).
Mont. Code Ann. § 41-3-432(l)(a): 4 cases
In re D.B.J., 2012 MT 220 (Mont. 2012). “We hold that the District Court complied with the 20 day show cause hearing timeline contained within § 41-3-432, MCA. ¶39 First, C.R. claims that either the District Court “nullified” the May 18, 2010, hearing or the hearing should be considered a “nullity” *331 because of his…”
In re L.N., 2014 MT 187 (Mont. 2014). “Section 41-3-432(7), MCA. ¶16 The Department removed L.”
In Re L.m.a.t, 2002 MT 163 (Mont. 2002). “*431 Issue 3 ¶25 Did the District Court fail to conduct a timely show cause hearing? ¶26 Donald argues that under § 41-3-432, MCA (2001), the District Court was required to conduct a show cause hearing within ten days of September 18, 2001, the day the State filed its Petition…”
In re A.H., 2015 MT 75 (Mont. 2015). “Sections 41-3-432(9), -434(1), -437(1), MCA. A dispositional hearing must be held within 20 days after the entry of an adjudicatory order, unless otherwise stipulated by the parties or ordered by the court.”
Mont. Code Ann. § 41-3-432(l)(b): 1 case
In re H.T., 2015 MT 41 (Mont. 2015). “At the November 15,2012 show cause hearing, although Mother could have required qualified expert testimony of “serious emotional or physical damage” under § 41-3-432(l)(b), MCA, she did not contest the Department’s request for emergency protective services or H.”
Mont. Code Ann. § 41-3-432(l)(c): 1 case
In re A.H., 2015 MT 75 (Mont. 2015). “Sections 41-3-432(9), -434(1), -437(1), MCA. A dispositional hearing must be held within 20 days after the entry of an adjudicatory order, unless otherwise stipulated by the parties or ordered by the court.”
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