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

Mont. Code Ann. § 41-3-440 (2026)

Limitation On Placement

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 41
  3. CHAPTER 3
  4. Part 4
  5. 41-3-440 Limitation on placement

TITLE 41. MINORS

CHAPTER 3. CHILD ABUSE AND NEGLECT

Part 4. Abuse or Neglect Proceedings

Limitation On Placement

41-3-440. Limitation on placement. Except as provided in 41-3-301(1) and in the absence of a dispute between the parties to the action regarding the appropriate placement, the department shall determine, in accordance with 41-3-450 and 41-3-451, the appropriate placement for a child alleged to be or adjudicated as a youth in need of care. The court shall settle any dispute between the parties to an action regarding the appropriate placement. The child may not be placed in a youth assessment center, youth detention facility, detention center, or other facility intended or used for the confinement of adults or youth accused or convicted of criminal offenses.

History: En. Sec. 30, Ch. 311, L. 2001; amd. Sec. 6, Ch. 674, L. 2023.

Notes of Decisions
Cited in 7 cases (3 in the last 5 years), 2002–2022 · leading case: In re H.E., 2002 MT 257 (Mont. 2002).
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In re H.E., 2002 MT 257 (Mont. 2002). · cites it 6× “She states that, when parents are unable to care for their children but guardianship placement options such as proposed by H.E.’s parents are available, those options should be reviewed prior to placing the child with foster parents willing to adopt the child.”
In re B.W.S., 386 P.3d 595 (Mont. 2016). · cites it 11× “Section 41-3-440, MCA. ¶15 The procedural posture of the instant case warrants a brief explanation.”
Matter of S.P., YINC, 2021 MT 57N (Mont. 2021). · cites it 3× “’s placement, Father’s counsel specifically stated at the October 2017 show cause hearing and the February 2018 hearing Father was not seeking placement of S.P. with him. In fact, Father did not challenge the Department’s placement of S.”
Matter of K.L.N., YINC, 2021 MT 56 (Mont. 2021). · cites it 2× “Mother’s counsel reported for the first time Mother objected to placement of the children with Grandparents, but he had not sought a contested placement hearing because he had “yet to find a way to effectively argue” Mother’s objections under § 41-3-440, MCA. The Guardian Ad…”
In Re He, 2002 MT 257 (Mont. 2002). · cites it 6× “She states that, when parents are unable to care for their children but guardianship placement options such as proposed by H.”
Matter of B.W.S. YINC, 2016 MT 340 (Mont. 2016). · cites it 11× “Section 41-3-440, MCA. ¶15 The procedural posture of the instant case warrants a brief explanation.”
Matter of D.H., YINC, 2022 MT 37 (Mont. 2022). · cites it 5× “Section 41-3-440, MCA. See also In re B.H.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.