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In Montana, child abuse or neglect includes physical, emotional, or sexual abuse of minors (as well as exploitation) and is taken seriously by the Montana justice system.
Adults with regular access to or communication with children who have reason to believe a child has been abused are required to report it to the authorities. Mandatory reporters in Montana include teachers, police officers, and child care workers.
You may report, by phone, any suspected child abuse case to the local Family Services
Office. You must include:
Reports must be made immediately after first suspicion of abuse.
The following chart lists the main provisions of Montana child abuse laws, including mandatory reporters and sentencing. See Child Abuse Background and History to learn more.
| Code Section | 41-3-102, 41-3-201, et seq. |
| What Constitutes Child Abuse | Harm or substantial risk of harm to child's health and welfare; or abandonment including acts or omissions of person responsible for child's welfare. Does not include self-defense, defense of others, or action taken to prevent self-harm of child. |
| Mandatory Reporting Requirement | Physician, member of hospital staff, coroner, mental health professional, dentist, Christian Science practitioner, religious healers, school teachers and officials, social workers, day care/child care workers, foster care worker, clergy (unless privileged communication), law enforcement officer, guardian ad litem or court appointed advocate. |
| Basis of Report of Abuse/Neglect | Know or have reasonable cause to suspect that a child is abused or neglected |
| Where to Report Suspected Abuse | Department of Public Health and Human Services or its local affiliate |
| Penalty for Failure to Report or False Reporting | Guilty of misdemeanor and civilly liable for proximately caused damages |
Note: State laws are constantly changing -- contact a Montana criminal attorney or conduct your own legal research to verify the state law(s) you are researching.
Contact a qualified attorney.
Get tailored advice and ask your legal questions. Many Montana attorneys offer free consultations.