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

Mont. Code Ann. § 41-3-442 (2026)

Temporary Legal Custody

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 41
  3. CHAPTER 3
  4. Part 4
  5. 41-3-442 Temporary legal custody

TITLE 41. MINORS

CHAPTER 3. CHILD ABUSE AND NEGLECT

Part 4. Abuse or Neglect Proceedings

Temporary Legal Custody

41-3-442. Temporary legal custody. (1) If a child is found to be a youth in need of care under 41-3-437, the court may grant temporary legal custody under 41-3-438 if the court determines by a preponderance of the evidence that:

(a) dismissing the petition would create a substantial risk of harm to the child or would be a detriment to the child's physical or psychological well-being; and

(b) unless there is a finding that reasonable efforts are not required pursuant to 41-3-423, reasonable services have been provided to the parent or guardian to prevent the removal of the child from the home or to make it possible for the child to safely return home.

(2) An order for temporary legal custody may be in effect for no longer than 6 months.

(3) The granting of temporary legal custody to the department allows the department to place a child in care provided by a custodial or noncustodial parent, kinship foster home, youth foster home, youth group home, youth shelter care facility, or institution.

(4) Before the expiration of the order for temporary legal custody, the county attorney, the attorney general, or an attorney hired by the county shall petition for one of the following:

(a) an extension of temporary legal custody, not to exceed 6 months, upon a showing that:

(i) additional time is necessary for the parent or guardian to successfully complete a treatment plan; or

(ii) continuation of temporary legal custody is necessary because of the child's individual circumstances;

(b) continued temporary placement of the child with the noncustodial parent, superseding any existing custodial order;

(c) termination of the parent-child legal relationship and:

(i) permanent legal custody with the right of adoption;

(ii) permanent placement of the child with the noncustodial parent, superseding any existing custodial order; or

(iii) appointment of a guardian pursuant to 41-3-607;

(d) long-term custody when the child is in a planned permanent living arrangement pursuant to 41-3-445;

(e) appointment of a guardian pursuant to 41-3-444; or

(f) dismissal.

(5) The court may continue an order for temporary legal custody pending a hearing on a petition provided for in subsection (2).

(6) If an extension of temporary legal custody is granted to the department, the court shall state the reasons why the child was not returned home and the conditions upon which the child may be returned home and shall specifically find that an extension is in the child's best interests.

(7) If the time limitations of this section are not met, the court shall review the reasons for the failure and order an appropriate remedy that considers the best interests of the child.

(8) In implementing the policy of this section, the child's health and safety are of paramount concern.

(9) A petition requesting temporary legal custody must be served as provided in 41-3-422.

History: En. Sec. 11, Ch. 281, L. 2001; amd. Sec. 13, Ch. 504, L. 2003; amd. Sec. 2, Ch. 73, L. 2007.

Notes of Decisions
Cited in 35 cases (7 in the last 5 years), 2003–2025 · leading case: In re A.D.B., 2013 MT 167 (Mont. 2013).
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In re A.D.B., 2013 MT 167 (Mont. 2013). · cites it 12× “¶55 Father argues that pursuant to § 41-3-442, MCA, if DPHHS does not request an extension of temporary legal custody, the District Court has no discretion but to dismiss the case as its dispositional order for temporary legal custody cannot be in effect for longer than six…”
In re D.A., 2003 MT 109 (Mont. 2003). · cites it 11× “See § 41-3-442(1), MCA. To make this determination, the court must make written findings on issues, including but not limited to: (i) which allegations of the petition have been proved or admitted, if any; (ii) whether there is a legal basis for continued court and department…”
In re M.N., 2011 MT 245 (Mont. 2011). · cites it 6× “Section 41-3-442, MCA. The issue in such a proceeding is whether additional time is necessary for completion of the treatment plan or continuation of temporary legal custody is necessary because of the child’s individual circumstances.”
In re C.W.E., 2016 MT 2 (Mont. 2016). · cites it 5× “” Section 41-3-442(3), MCA. DPHHS may pursue these forms of foster care placement because it has legal custody of the child.”
In re H.T., 2015 MT 41 (Mont. 2015). · cites it 2× “¶39 At the hearing on April 25, 2013, Mother stipulated to temporary legal custody, allowing the Department to maintain the child’s kinship foster care placement without demanding the additional findings required for such an order by § 41-3-442(1), MCA. Mother did not contest…”
In re K.L., 2014 MT 28 (Mont. 2014). · cites it 6× “to successfully complete a treatment plan.” Section 41-3-442(4)(a)(i), MCA. Father did not challenge the original granting of TLC but challenges the District Court’s June 2012 extension of TLC.”
In re A.N.W., 2006 MT 42 (Mont. 2006). · cites it 2× “See § 41-3-442(1), MCA. Additionally, a youth in need of care adjudication is a threshold requirement for a court to terminate parental rights pursuant to § 41-3-609(l)(f), MCA, which is the most common basis on which the Department petitions for termination of parental rights.”
Matter of C.W.E. & C.M.E. YINC, 2016 MT 2 (Mont. 2016). · cites it 5× “” Section 41-3-442(3), MCA. DPHHS may pursue these forms of foster care placement because it has legal custody of the child.”
In the Matter of JC, 2008 MT 127 (Mont. 2008). · cites it 2× “" Here, the parents admitted their children had been abused or neglected on four occasions in the treatment plans they entered into with DPHHS. See ¶¶ 7, 20, 23, 28. Thus, the treatment plans and TIA were proper, irrespective of an YINC adjudication.”
Matter of L.H., YINC, 2021 MT 199 (Mont. 2021). “6 See § 41-3-442(2)-(4), MCA(TLC grant may not exceed six months unless specifically extended by court-order upon timely motion of the Department).”
In re J.C., 2008 MT 127 (Mont. 2008). · cites it 2× “” Here, the parents admitted their children had been abused or neglected on four occasions in the treatment plans they entered into with DPHHS. See ¶¶ 7,20,23,28. Thus, the treatment plans and TIA were proper, irrespective of an YINC adjudication.”
In re D.B., 2008 MT 272 (Mont. 2008). · cites it 2× “The court further stated that § 41-3-442(5), MCA, authorizes a district court to continue orders for temporary legal custody (TLC) pending hearings on a petition for termination.”
Show all 35 citing cases →
Mont. Code Ann. § 41-3-442(1): 10 cases
In re D.A., 2003 MT 109 (Mont. 2003). “See § 41-3-442(1), MCA. To make this determination, the court must make written findings on issues, including but not limited to: (i) which allegations of the petition have been proved or admitted, if any; (ii) whether there is a legal basis for continued court and department…”
In re H.T., 2015 MT 41 (Mont. 2015). “¶39 At the hearing on April 25, 2013, Mother stipulated to temporary legal custody, allowing the Department to maintain the child’s kinship foster care placement without demanding the additional findings required for such an order by § 41-3-442(1), MCA. Mother did not contest…”
In re A.N.W., 2006 MT 42 (Mont. 2006). “See § 41-3-442(1), MCA. Additionally, a youth in need of care adjudication is a threshold requirement for a court to terminate parental rights pursuant to § 41-3-609(l)(f), MCA, which is the most common basis on which the Department petitions for termination of parental rights.”
In the Matter of JC, 2008 MT 127 (Mont. 2008). “" Here, the parents admitted their children had been abused or neglected on four occasions in the treatment plans they entered into with DPHHS. See ¶¶ 7, 20, 23, 28. Thus, the treatment plans and TIA were proper, irrespective of an YINC adjudication.”
In re J.C., 2008 MT 127 (Mont. 2008). “” Here, the parents admitted their children had been abused or neglected on four occasions in the treatment plans they entered into with DPHHS. See ¶¶ 7,20,23,28. Thus, the treatment plans and TIA were proper, irrespective of an YINC adjudication.”
Mont. Code Ann. § 41-3-442(1)(b): 1 case
In Re Da, 2003 MT 109 (Mont. 2003).
Mont. Code Ann. § 41-3-442(2): 8 cases
In re A.D.B., 2013 MT 167 (Mont. 2013). “¶55 Father argues that pursuant to § 41-3-442, MCA, if DPHHS does not request an extension of temporary legal custody, the District Court has no discretion but to dismiss the case as its dispositional order for temporary legal custody cannot be in effect for longer than six…”
In re D.A., 2003 MT 109 (Mont. 2003). “See § 41-3-442(1), MCA. To make this determination, the court must make written findings on issues, including but not limited to: (i) which allegations of the petition have been proved or admitted, if any; (ii) whether there is a legal basis for continued court and department…”
Matter of L.H., YINC, 2021 MT 199 (Mont. 2021). “6 See § 41-3-442(2)-(4), MCA(TLC grant may not exceed six months unless specifically extended by court-order upon timely motion of the Department).”
Matter of A.D.B. YINC., 2013 MT 167 (Mont. 2013).
In Re Da, 2003 MT 109 (Mont. 2003).
Mont. Code Ann. § 41-3-442(2)(a): 2 cases
In re D.A., 2003 MT 109 (Mont. 2003). “See § 41-3-442(1), MCA. To make this determination, the court must make written findings on issues, including but not limited to: (i) which allegations of the petition have been proved or admitted, if any; (ii) whether there is a legal basis for continued court and department…”
In Re Da, 2003 MT 109 (Mont. 2003).
Mont. Code Ann. § 41-3-442(3): 3 cases
In re C.W.E., 2016 MT 2 (Mont. 2016). “” Section 41-3-442(3), MCA. DPHHS may pursue these forms of foster care placement because it has legal custody of the child.”
Matter of C.W.E. & C.M.E. YINC, 2016 MT 2 (Mont. 2016). “” Section 41-3-442(3), MCA. DPHHS may pursue these forms of foster care placement because it has legal custody of the child.”
Matter of K.B., YINC, 2025 MT 164N (Mont. 2025).
Mont. Code Ann. § 41-3-442(4): 2 cases
Matter of B.F., YINC, 2020 MT 223 (Mont. 2020).
Matter of K.F. & A.F., YINC, 2020 MT 134N (Mont. 2020).
Mont. Code Ann. § 41-3-442(4)(a): 3 cases
In re M.N., 2011 MT 245 (Mont. 2011). “Section 41-3-442, MCA. The issue in such a proceeding is whether additional time is necessary for completion of the treatment plan or continuation of temporary legal custody is necessary because of the child’s individual circumstances.”
In Re Mn, 2011 MT 245 (Mont. 2011).
Matter of S.C., YINC, 2022 MT 167N (Mont. 2022).
Mont. Code Ann. § 41-3-442(4)(a)(i): 5 cases
In re K.L., 2014 MT 28 (Mont. 2014). “to successfully complete a treatment plan.” Section 41-3-442(4)(a)(i), MCA. Father did not challenge the original granting of TLC but challenges the District Court’s June 2012 extension of TLC.”
In re C.M., 2015 MT 292 (Mont. 2015).
Matter of M.A.W. M.L.W. K.R.T., 2016 MT 40N (Mont. 2016).
Matter of K.L., 214 MT 28 (Mont. 2014).
Matter of C.M. B.M. A.M. E.M D., 2015 MT 292 (Mont. 2015).
Mont. Code Ann. § 41-3-442(4)(c)(i): 1 case
Matter of L.E.A.B. & E.M.G., YINC, 2023 MT 169N (Mont. 2023).
Mont. Code Ann. § 41-3-442(4)(c)(iii): 1 case
Matter of L.E.A.B. & E.M.G., YINC, 2023 MT 169N (Mont. 2023).
Mont. Code Ann. § 41-3-442(4)(e): 4 cases
In re J.A.S., 2008 MT 269 (Mont. 2008).
Matter of L.E.A.B. & E.M.G., YINC, 2023 MT 169N (Mont. 2023).
In Re Jas, 2008 MT 269 (Mont. 2008).
Matter of J.A.S. E.R.S., 2008 MT 269 (Mont. 2008).
Mont. Code Ann. § 41-3-442(5): 5 cases
In re A.D.B., 2013 MT 167 (Mont. 2013). “¶55 Father argues that pursuant to § 41-3-442, MCA, if DPHHS does not request an extension of temporary legal custody, the District Court has no discretion but to dismiss the case as its dispositional order for temporary legal custody cannot be in effect for longer than six…”
In re D.B., 2008 MT 272 (Mont. 2008). “The court further stated that § 41-3-442(5), MCA, authorizes a district court to continue orders for temporary legal custody (TLC) pending hearings on a petition for termination.”
Matter of S.C., YINC, 2022 MT 167N (Mont. 2022).
Matter of A.D.B. YINC., 2013 MT 167 (Mont. 2013).
In Re Db, 2008 MT 272 (Mont. 2008).
Mont. Code Ann. § 41-3-442(7): 2 cases
Matter of N.J., YINC, 2025 MT 165N (Mont. 2025).
Matter of S.C., YINC, 2022 MT 167N (Mont. 2022).
Mont. Code Ann. § 41-3-442(8): 2 cases
Matter of S.C., YINC, 2022 MT 167N (Mont. 2022).
Matter of N.J., YINC, 2025 MT 165N (Mont. 2025).
Mont. Code Ann. § 41-3-442(l)(b): 1 case
In re D.A., 2003 MT 109 (Mont. 2003). “See § 41-3-442(1), MCA. To make this determination, the court must make written findings on issues, including but not limited to: (i) which allegations of the petition have been proved or admitted, if any; (ii) whether there is a legal basis for continued court and department…”
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