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

Mont. Code Ann. § 41-3-444 (2026)

Abuse And Neglect Proceedings -- Appointment Of Guardian -- Financial Subsidies

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 41
  3. CHAPTER 3
  4. Part 4
  5. 41-3-444 Abuse and neglect proceedings -- appointment of guardian -- financial subsidies

TITLE 41. MINORS

CHAPTER 3. CHILD ABUSE AND NEGLECT

Part 4. Abuse or Neglect Proceedings

Abuse And Neglect Proceedings -- Appointment Of Guardian -- Financial Subsidies

41-3-444. Abuse and neglect proceedings -- appointment of guardian -- financial subsidies. (1) The court may, upon the petition of the department or guardian ad litem, enter an order appointing a guardian for a child who has been placed in the temporary or permanent custody of the department pursuant to 41-3-438, 41-3-445, or 41-3-607. The guardianship may be subsidized by the department under subsection (8) if the guardianship meets the department's criteria, or the guardianship may be nonsubsidized.

(2) The court may appoint a guardian for a child pursuant to this section if the following facts are found by the court:

(a) the department has given its written consent to the appointment of the guardian, whether the guardianship is to be subsidized or not;

(b) if the guardianship is to be subsidized, the department has given its written consent after the department has considered initiating or continuing financial subsidies pursuant to subsection (8);

(c) the child has been adjudicated a youth in need of care;

(d) the department has made reasonable efforts to reunite the parent and child, further efforts to reunite the parent and child by the department would likely be unproductive, and reunification of the parent and child would be contrary to the best interests of the child;

(e) the child has lived with the potential guardian in a family setting and the potential guardian is committed to providing a long-term relationship with the child;

(f) it is in the best interests of the child to remain or be placed with the potential guardian;

(g) either termination of parental rights to the child is not in the child's best interests or parental rights to the child have been terminated, but adoption is not in the child's best interests; and

(h) if the child concerning whom the petition for guardianship has been filed is an Indian child, as defined in the federal Indian Child Welfare Act, 25 U.S.C. 1901, et seq., or 41-3-1303, the Indian child's tribe has received notification from the state of the initiation of the proceedings.

(3) The entry of a decree of guardianship pursuant to this section terminates the custody of the department and the involvement of the department with the child and the child's parents except for the department's provision of a financial subsidy, if any, pursuant to subsection (8).

(4) A guardian appointed under this section may exercise the powers and has the duties provided in 72-5-231.

(5) The court may revoke a guardianship ordered pursuant to this section if the court finds, after hearing on a petition for removal of the child's guardian, that continuation of the guardianship is not in the best interests of the child. Notice of hearing on the petition must be provided by the moving party to the child's lawful guardian, the department, any court-appointed guardian ad litem, the child's parent if the rights of the parent have not been terminated, and other persons directly interested in the welfare of the child.

(6) A guardian may petition the court for permission to resign the guardianship. A petition may include a request for appointment of a successor guardian.

(7) After notice and hearing on a petition for removal or permission to resign, the court may appoint a successor guardian or may terminate the guardianship and restore temporary legal custody to the department pursuant to 41-3-438.

(8) The department may provide a financial subsidy to a guardian appointed pursuant to this section if the guardianship meets the department's criteria and if the department determines that a subsidy is in the best interests of the child. The amount of the subsidy must be determined by the department.

(9) This section does not apply to guardians appointed pursuant to Title 72, chapter 5.

History: En. Sec. 4, Ch. 428, L. 1999; amd. Sec. 5, Ch. 194, L. 2001; amd. Sec. 15, Ch. 281, L. 2001; Sec. 41-3-421, MCA 1999; redes. 41-3-444 by Sec. 17(2), Ch. 281, L. 2001; amd. Sec. 7, Ch. 674, L. 2023; amd. Sec. 39, Ch. 716, L. 2023.

Notes of Decisions
Cited in 16 cases (9 in the last 5 years), 2003–2026 · leading case: Matter of A.B., YINC, 2020 MT 64.
Sort: Relevance Newest Treatment
Matter of A.B., YINC, 2020 MT 64. · cites it 14× “3 As discussed above, the legislative history of § 41-3-421, MCA (1999), now § 41-3-444, MCA, indicates guardianship was added to promote safety, permanence, and well-being for children within the child protection system, and to this end, the Legislature also provided a means…”
State v. Richeson, 2004 MT 113, 89 P.3d 958. · cites it 6× “965 minor in a proceeding for the dissolution of marriage, legal separation, or other proceeding involving child support, custody and visitation, and delineating specific duties and authority of the guardian in subsections (2)(3) & (4)); Section 41-3-112, MCA (requiring…”
In re J.S., 2014 MT 79, 321 P.3d 103. · cites it 6× “Section 41-3-444(1), MCA. Such guardianships are authorized upon the court’s findings that: (a) the department has given its written consent to the appointment of the guardian, whether the guardianship is to be subsidized or not; (b) if the guardianship is to be subsidized, the…”
In re A.J.W., 2010 MT 42, 227 P.3d 1012. · cites it 9× “under § 41-3-445, MCA, or appointment of a guardian for her under § 41-3-444, MCA, as an alternative to termination of parental rights.”
Matter of J.T.L., YINC, 2025 MT 98. · cites it 8× “180, initially codified at § 41-3-421, MCA, and now renumbered as § 41-3-444, MCA.) A more thorough history of guardianships in Montana can be found in In re A.”
Matter of R.B., YINC, 2025 MT 6. · cites it 2× “¶22 Father argues the District Court erroneously found that further efforts by the Department to reunite him with the children would likely be unproductive, as required by § 41-3-444(2)(d), MCA. Based on the evidence above, we find that further efforts to reunify father with the…”
Matter of S.J.C., YINC, 2026 MT 80. · cites it 6× “they still love you and want a relationship with you, but don’t feel safe living with you, what would your response be?” 21 ¶43 Section 41-3-444, MCA, provides that a “court may, upon the petition of the department or guardian ad litem, enter an order appointing a guardian for a…”
In Re Ajw, 2010 MT 42, 227 P.3d 1012. · cites it 9× “under § 41-3-445, MCA, or appointment of a guardian for her under § 41-3-444, MCA, as an alternative to termination of parental rights.”
Matters of I.D., T.D., & L.D., YINC, 2025 MT 299. · cites it 18× “” ¶40 Neither § 41-3-422, MCA, nor § 41-3-444, MCA, specifies the Department’s burden of proof in guardianship cases, and we are not inclined to insert Mother’s suggested requirement.”
Matter of J.S. YINC, 2014 MT 79. · cites it 3× “Section 41-3-444(2), MCA. S.F. does not argue that the District Court’s award of guardianship to the foster family violated state law.”
Matter of K.E.R., YINC, 2021 MT 224N. · cites it 4× “We agree with Mother that a court may order guardianship as a disposition pursuant to § 41-3-444, MCA.2 We agree with Mother that adoption does not necessarily offer safer or better well-being outcomes for children when compared to children who exited into guardianship and there…”
Matter of S.C., YINC, 2023 MT 46N. · cites it 3× “¶11 Additionally, while the guardianship statute does not specifically provide for a rehearing, §§ 41-3-444 and -445, MCA, § 25-11-102, MCA, provides that the only acceptable grounds for granting a new bench trial are: 2 At the hearing, Father’s attorney related that Father had…”
Show all 16 citing cases →
Mont. Code Ann. § 41-3-444(1): 2 cases
In re J.S., 2014 MT 79, 321 P.3d 103. “Section 41-3-444(1), MCA. Such guardianships are authorized upon the court’s findings that: (a) the department has given its written consent to the appointment of the guardian, whether the guardianship is to be subsidized or not; (b) if the guardianship is to be subsidized, the…”
Matter of L.M. N.M., 2003 MT 323N.
Mont. Code Ann. § 41-3-444(2): 4 cases
In re J.S., 2014 MT 79, 321 P.3d 103. “Section 41-3-444(1), MCA. Such guardianships are authorized upon the court’s findings that: (a) the department has given its written consent to the appointment of the guardian, whether the guardianship is to be subsidized or not; (b) if the guardianship is to be subsidized, the…”
Matter of S.J.C., YINC, 2026 MT 80. “they still love you and want a relationship with you, but don’t feel safe living with you, what would your response be?” 21 ¶43 Section 41-3-444, MCA, provides that a “court may, upon the petition of the department or guardian ad litem, enter an order appointing a guardian for a…”
Matter of J.S. YINC, 2014 MT 79. “Section 41-3-444(2), MCA. S.F. does not argue that the District Court’s award of guardianship to the foster family violated state law.”
Matters of I.D., T.D., & L.D., YINC, 2025 MT 299. “” ¶40 Neither § 41-3-422, MCA, nor § 41-3-444, MCA, specifies the Department’s burden of proof in guardianship cases, and we are not inclined to insert Mother’s suggested requirement.”
Mont. Code Ann. § 41-3-444(2)(a): 2 cases
In re A.J.W., 2010 MT 42, 227 P.3d 1012. “under § 41-3-445, MCA, or appointment of a guardian for her under § 41-3-444, MCA, as an alternative to termination of parental rights.”
In Re Ajw, 2010 MT 42, 227 P.3d 1012. “under § 41-3-445, MCA, or appointment of a guardian for her under § 41-3-444, MCA, as an alternative to termination of parental rights.”
Mont. Code Ann. § 41-3-444(2)(d): 3 cases
Matter of R.B., YINC, 2025 MT 6. “¶22 Father argues the District Court erroneously found that further efforts by the Department to reunite him with the children would likely be unproductive, as required by § 41-3-444(2)(d), MCA. Based on the evidence above, we find that further efforts to reunify father with the…”
Matters of I.D., T.D., & L.D., YINC, 2025 MT 299. “” ¶40 Neither § 41-3-422, MCA, nor § 41-3-444, MCA, specifies the Department’s burden of proof in guardianship cases, and we are not inclined to insert Mother’s suggested requirement.”
Matter of S.C., YINC, 2023 MT 46N. “¶11 Additionally, while the guardianship statute does not specifically provide for a rehearing, §§ 41-3-444 and -445, MCA, § 25-11-102, MCA, provides that the only acceptable grounds for granting a new bench trial are: 2 At the hearing, Father’s attorney related that Father had…”
Mont. Code Ann. § 41-3-444(2)(g): 1 case
Matter of L.E.A.B. & E.M.G., YINC, 2023 MT 169N.
Mont. Code Ann. § 41-3-444(4): 1 case
Matter of K.S., YINC, 2026 MT 105N.
Mont. Code Ann. § 41-3-444(6): 2 cases
Matter of A.B., YINC, 2020 MT 64. “3 As discussed above, the legislative history of § 41-3-421, MCA (1999), now § 41-3-444, MCA, indicates guardianship was added to promote safety, permanence, and well-being for children within the child protection system, and to this end, the Legislature also provided a means…”
Matter of J.T.L., YINC, 2025 MT 98. “180, initially codified at § 41-3-421, MCA, and now renumbered as § 41-3-444, MCA.) A more thorough history of guardianships in Montana can be found in In re A.”
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