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

Mont. Code Ann. § 41-3-443 (2026)

Treatment Plan -- Contents -- Changes

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 41
  3. CHAPTER 3
  4. Part 4
  5. 41-3-443 Treatment plan -- contents -- changes

TITLE 41. MINORS

CHAPTER 3. CHILD ABUSE AND NEGLECT

Part 4. Abuse or Neglect Proceedings

Treatment Plan -- Contents -- Changes

41-3-443. Treatment plan -- contents -- changes. (1) The court may order a treatment plan if:

(a) the parent or parents admit the allegations of an abuse and neglect petition;

(b) the parent or parents stipulate to the allegations of abuse or neglect pursuant to 41-3-434; or

(c) the court has made an adjudication under 41-3-437 that the child is a youth in need of care.

(2) Every treatment plan must contain the following information:

(a) the identification of the problems or conditions that resulted in the abuse or neglect of a child;

(b) the treatment goals and objectives for each condition or requirement established in the plan. If the child has been removed from the home, the treatment plan must include but is not limited to the conditions or requirements that must be established for the safe return of the child to the family.

(c) the projected time necessary to complete each of the treatment objectives;

(d) the specific treatment objectives that clearly identify the separate roles and responsibilities of all parties addressed in the treatment plan; and

(e) the signature of the parent or parents or guardian, unless the plan is ordered by the court.

(3) A treatment plan may include but is not limited to any of the following remedies, requirements, or conditions:

(a) the right of entry into the child's home for the purpose of assessing compliance with the terms and conditions of a treatment plan;

(b) the requirement of either the child or the child's parent or guardian to obtain medical or psychiatric diagnosis and treatment through a physician or psychiatrist licensed in the state of Montana;

(c) the requirement of either the child or the child's parent or guardian to obtain psychological treatment or counseling;

(d) the requirement of either the child or the child's parent or guardian to obtain and follow through with alcohol or substance abuse evaluation and counseling, if necessary;

(e) the requirement that either the child or the child's parent or guardian be restricted from associating with or contacting any individual who may be the subject of a department investigation;

(f) the requirement that the child be placed in temporary medical or out-of-home care;

(g) the requirement that the parent, guardian, or other person having physical or legal custody furnish services that the court may designate.

(4) A treatment plan may not include a drug testing requirement unless the court finds the substance use of the parent or guardian contributed to the removal of the child from the home or contributes to the child remaining out of the home.

(5) A treatment plan may not be altered, amended, continued, or terminated without the approval of the parent or parents or guardian pursuant to a stipulation and order or order of the court.

(6) A treatment plan must contain a notice provision advising parents:

(a) of timelines for hearings and determinations required under this chapter;

(b) that the state is required by federal and state laws to hold a permanency hearing to determine the permanent placement of a child no later than 12 months after a judge determines that the child has been abused or neglected or 12 months after the first 60 days that the child has been removed from the child's home;

(c) that if a child has been in foster care for 15 of the last 22 months, state law presumes that termination of parental rights is in the best interests of the child and the state is required to file a petition to terminate parental rights; and

(d) that completion of a treatment plan does not guarantee the return of a child and that completion of the plan without a change in behavior that caused removal in the first instance may result in termination of parental rights.

(7) A treatment plan must be ordered by no later than 30 days after the date of the dispositional hearing held pursuant to 41-3-438, except for good cause shown.

History: En. Sec. 15, Ch. 566, L. 1999; amd. Sec. 13, Ch. 281, L. 2001; amd. Sec. 15, Ch. 311, L. 2001; Sec. 41-3-420, MCA 1999; redes. 41-3-443 by Sec. 17(2), Ch. 281, L. 2001; amd. Sec. 6, Ch. 382, L. 2005; amd. Sec. 1, Ch. 131, L. 2017; amd. Sec. 1, Ch. 429, L. 2023.

Notes of Decisions
Cited in 36 cases (5 in the last 5 years), 2003–2025 · leading case: In re K.C.H., 2003 MT 125 (Mont. 2003).
Sort: Relevance Newest Treatment
In re K.C.H., 2003 MT 125 (Mont. 2003). · cites it 12× “See § 41-3-443, MCA. Appellant argues that neither of his treatment plans were appropriate and, therefore, the District Court erred in terminating his parental rights to K.”
In re D.V., 2003 MT 160 (Mont. 2003). · cites it 9× “Section 41-3-443(2), MCA, lists the mandatory information every treatment plan must contain: (a) the identification of the problems or conditions that resulted in the abuse or neglect of a child; (b) the treatment goals and objectives for each condition or requirement…”
In re T.N.-S., 2015 MT 117 (Mont. 2015). · cites it 8× “Section 41-3-443(2), MCA. The particular problems facing both the parent and the child should also be considered in determining the appropriateness of a treatment plan.”
In re K.B., 2016 MT 73 (Mont. 2016). · cites it 3× “” Section 41-3-443(l)(c), MCA. A treatment plan is a “written agreement between the department and the parent or guardian .”
In re C.M.C., 2009 MT 153 (Mont. 2009). · cites it 7× “” The argument is that there were no statements in the treatment plan explaining why the State “believed” that various parts of the plan were applicable to her and that those statements were required by § 41-3-443, MCA. The mother specifically agreed to the treatment plan.”
In the Matter of JC, 2008 MT 127 (Mont. 2008). · cites it 4× “Similarly, under § 41-3-443(1), MCA (2005), "[t]he court may order a treatment plan if: (a) the parent or parents admit the allegations of an abuse and neglect petition; (b) the parent or parents stipulate to the allegations of abuse or neglect pursuant to 41-3-434; or (c) the…”
In re T.D.H., 2015 MT 244 (Mont. 2015). · cites it 2× “See §41-3-443(2)(b), MCA. The Department and the District Court clearly were concerned that factors beyond Mother’s inability to protect made her unfit to be a parent.”
In Re Kch, 2003 MT 125 (Mont. 2003). · cites it 12× “See § 41-3-443, MCA. Appellant argues that neither of his treatment plans were appropriate and, therefore, the District Court erred in terminating his parental rights to K.”
In re A.N.W., 2006 MT 42 (Mont. 2006). · cites it 2× “See § 41-3-443(l)(c), MCA. Such an adjudication is a prerequisite for granting the Department TLC.”
In re J.C., 2008 MT 127 (Mont. 2008). · cites it 4× “Similarly, under § 41-3-443(1), MCA (2005), “[t]he court may order a treatment plan if: (a) the parent or parents admit the allegations of an abuse and neglect petition; (b) the parent or parents stipulate to the allegations of abuse or neglect pursuant to 41-3-434; or (c) the…”
In re J.G., 2004 MT 104 (Mont. 2004). · cites it 2× “” Under § 41-3-443, MCA, treatment plans must identify “the problems or conditions that resulted in the abuse or neglect of a child.”
In re D.A., 2013 MT 191 (Mont. 2013). · cites it 5× “” The District Court issued an order that stated that Mother had stipulated to a treatment plan three months before any treatment plan had been presented to Mother. The District Court’s order further determined the treatment plan to be reasonable and appropriate without having…”
Show all 36 citing cases →
— Mont. Code Ann. § 41-3-443(1) — 4 cases
In the Matter of JC, 2008 MT 127 (Mont. 2008). “Similarly, under § 41-3-443(1), MCA (2005), "[t]he court may order a treatment plan if: (a) the parent or parents admit the allegations of an abuse and neglect petition; (b) the parent or parents stipulate to the allegations of abuse or neglect pursuant to 41-3-434; or (c) the…”
In re J.C., 2008 MT 127 (Mont. 2008). “Similarly, under § 41-3-443(1), MCA (2005), “[t]he court may order a treatment plan if: (a) the parent or parents admit the allegations of an abuse and neglect petition; (b) the parent or parents stipulate to the allegations of abuse or neglect pursuant to 41-3-434; or (c) the…”
In re A.J.C., 427 P.3d 59 (Mont. 2018).
Matter of K.B., YINC, 2025 MT 164N (Mont. 2025).
— Mont. Code Ann. § 41-3-443(1)(c) — 3 cases
Matter of K. B. YINC, 2016 MT 73 (Mont. 2016).
In Re Anw, 2006 MT 42 (Mont. 2006).
Matter of K. B. YINC, 2016 MT 73 (Mont. 2016).
— Mont. Code Ann. § 41-3-443(2) — 10 cases
In re D.V., 2003 MT 160 (Mont. 2003). “Section 41-3-443(2), MCA, lists the mandatory information every treatment plan must contain: (a) the identification of the problems or conditions that resulted in the abuse or neglect of a child; (b) the treatment goals and objectives for each condition or requirement…”
In re K.C.H., 2003 MT 125 (Mont. 2003). “See § 41-3-443, MCA. Appellant argues that neither of his treatment plans were appropriate and, therefore, the District Court erred in terminating his parental rights to K.”
In re T.N.-S., 2015 MT 117 (Mont. 2015). “Section 41-3-443(2), MCA. The particular problems facing both the parent and the child should also be considered in determining the appropriateness of a treatment plan.”
In Re Kch, 2003 MT 125 (Mont. 2003). “See § 41-3-443, MCA. Appellant argues that neither of his treatment plans were appropriate and, therefore, the District Court erred in terminating his parental rights to K.”
In re A.J.C., 427 P.3d 59 (Mont. 2018).
— Mont. Code Ann. § 41-3-443(2)(a) — 7 cases
In re D.V., 2003 MT 160 (Mont. 2003). “Section 41-3-443(2), MCA, lists the mandatory information every treatment plan must contain: (a) the identification of the problems or conditions that resulted in the abuse or neglect of a child; (b) the treatment goals and objectives for each condition or requirement…”
In re C.M.C., 2009 MT 153 (Mont. 2009). “” The argument is that there were no statements in the treatment plan explaining why the State “believed” that various parts of the plan were applicable to her and that those statements were required by § 41-3-443, MCA. The mother specifically agreed to the treatment plan.”
Matter of D.V., 2003 MT 160 (Mont. 2003).
Matter of C.C. C.J. C.M.C., 2009 MT 153 (Mont. 2009).
In Re Cmc, 2009 MT 153 (Mont. 2009).
— Mont. Code Ann. § 41-3-443(2)(b) — 4 cases
In re D.V., 2003 MT 160 (Mont. 2003). “Section 41-3-443(2), MCA, lists the mandatory information every treatment plan must contain: (a) the identification of the problems or conditions that resulted in the abuse or neglect of a child; (b) the treatment goals and objectives for each condition or requirement…”
In re T.D.H., 2015 MT 244 (Mont. 2015). “See §41-3-443(2)(b), MCA. The Department and the District Court clearly were concerned that factors beyond Mother’s inability to protect made her unfit to be a parent.”
Matter of D.V., 2003 MT 160 (Mont. 2003).
Matter of J.H. J.H. & T.D.H., 2015 MT 244 (Mont. 2015).
— Mont. Code Ann. § 41-3-443(2)(e) — 2 cases
In re D.A., 2013 MT 191 (Mont. 2013). “” The District Court issued an order that stated that Mother had stipulated to a treatment plan three months before any treatment plan had been presented to Mother. The District Court’s order further determined the treatment plan to be reasonable and appropriate without having…”
Matter of D.A. & M.A., 2013 MT 191 (Mont. 2013).
— Mont. Code Ann. § 41-3-443(3)(b) — 2 cases
In re M.C., 403 P.3d 1266 (Mont. 2017).
Matter of M.C. YINC, 2017 MT 252 (Mont. 2017).
— Mont. Code Ann. § 41-3-443(3)(d) — 3 cases
In re T.N.-S., 2015 MT 117 (Mont. 2015). “Section 41-3-443(2), MCA. The particular problems facing both the parent and the child should also be considered in determining the appropriateness of a treatment plan.”
Matter of T.N.-S. N.N.-S. E.N., 2015 MT 117 (Mont. 2015).
Matter of D.L.W., YINC, 2023 MT 39N (Mont. 2023).
— Mont. Code Ann. § 41-3-443(3Xd) — 1 case
In re T.N.-S., 2015 MT 117 (Mont. 2015). “Section 41-3-443(2), MCA. The particular problems facing both the parent and the child should also be considered in determining the appropriateness of a treatment plan.”
— Mont. Code Ann. § 41-3-443(4) — 2 cases
In Re B.J.T.H., 2013 MT 366 (Mont. 2013).
Matter of B.J.T.H. & B.H.T.H., 2013 MT 366 (Mont. 2013).
— Mont. Code Ann. § 41-3-443(6) — 1 case
Matter of S.C., YINC, 2022 MT 167N (Mont. 2022).
— Mont. Code Ann. § 41-3-443(7) — 1 case
Matter of K.B., YINC, 2025 MT 164N (Mont. 2025).
— Mont. Code Ann. § 41-3-443(l)(c) — 2 cases
In re K.B., 2016 MT 73 (Mont. 2016). “” Section 41-3-443(l)(c), MCA. A treatment plan is a “written agreement between the department and the parent or guardian .”
In re A.N.W., 2006 MT 42 (Mont. 2006). “See § 41-3-443(l)(c), MCA. Such an adjudication is a prerequisite for granting the Department TLC.”
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