Montana Child Abuse Laws

Montana has straightforward child abuse and neglect laws. Child abuse is any physical or psychological harm, including abandonment and sexual abuse.

Anyone with knowledge of suspected abuse or neglect should report it to the Montana Department of Public Health and Human Services (DPHHS). The Child and Family Services Division (CFSD) handles all safety and welfare matters.

This article explains Montana's child abuse laws, including how the state defines abuse, mandatory reporting requirements, and the potential penalties for conviction.

If a child is in immediate danger, call 911 or local law enforcement. And if you need help navigating Montana's child abuse laws, consider contacting an attorney. A local family law attorney can answer questions about protective orders, child custody issues, and filing for divorce. If you're facing criminal charges, contact a criminal defense attorney as soon as you can. Child abuse charges come with serious penalties.

Montana Child Abuse Laws

In Montana, child abuse or neglect includes physical, emotional, or sexual abuse of minors (as well as exploitation). Montana Statute § 41-3-102 defines abuse and neglect as:

• Abandonment: Leaving a child under conditions that make it clear the parent does not intend to return or intentionally surrendering a child to the care and custody of another person without showing any intention to return.
• Abuse: Intentional physical harm, including bruising, burns, broken bones, or serious physical pain. Physical abuse can include sexual abuse or domestic violence.
• Neglect: Intentional failure to provide food, shelter, clothing, or medical care. Physical neglect can include failure to supervise a child and permitting sexual exploitation or abuse.
• Psychological abuse or neglect: Maltreatment that damages a child’s mental or emotional ability to function, including violence against other members of the household. A victim of such violence is not responsible for failing to prevent or report this abuse of the child.
• Sexual abuse or exploitation: Includes but is not limited to sexual conduct, sexual assault, allowing or permitting child prostitution, or any form of human trafficking

Abuse or neglect may also consist of any act or omission that exposes a child to substantial risk of harm. Neglect may consist of unrestricted access to dangerous drugs or firearms, depending on the child’s age.

However, the state of Montana excludes parental acts that encourage children to engage in independent activities appropriate to their age and mental abilities, such as:

• Traveling to and from school, community activities, or friends’ homes alone
• Remaining home alone if parents have made provision for emergencies

Failure to provide health care does not include withholding medical treatment when the parents and treating physician have agreed on palliative care for a terminally ill infant at birth.

Mandatory Reporting Requirements

A mandatory reporter is someone required by law to report any suspected child abuse to authorities or child protective services. Mandated reporters are typically adults whose job brings them into regular contact with children.

Mandatory reporters in Montana include:

• Doctors, nurses, dentists, and staff members
• Law enforcement, firefighters, EMTs, paramedics, and other first responders
• Teachers, administrators, child care and daycare workers, and school staff
• Clergy, religious healers, and other church personnel
• Social workers, foster care workers, court officials, and staff

Mandated reporters must notify their agency or superiors if they have reasonable cause to suspect abuse. Failing to do so can lead to serious penalties.

• Failure to report child abuse is a misdemeanor.
• Failing to report known or suspected sexual abuse is a felony, punishable by up to five years’ imprisonment and a fine of up to $10,000.

Private individuals are not required to report suspected abuse or neglect. But you can still report known or suspected child abuse to Family Services. DPHHS operates a 24-hour child abuse hotline for reports of child abuse or neglect.

To report a possible case of child abuse or neglect, call toll-free 1 (866) 820-5437. Callers can remain anonymous.

There are no criminal penalties for false or unfounded reporting, but intentionally filing a false report may result in civil liability.

Penalties

Under Montana law, most crimes against children are felonies, punishable by more than one year in prison.

Criminal assault on a child (§ 45-5-212) is knowingly or intentionally causing bodily injury to a minor under the age of 14 by an individual over the age of 18.

• If the victim is under 14, the penalty is up to five years in prison, a fine of $50,000, or both
• If the victim is under 36 months of age, the penalty for a first offense is up to ten years’ imprisonment, a fine of up to $50,000, or both.

Endangering the welfare of children (§ 45-5-622) is any intentional failure by a child’s parent or guardian to provide care, support, or protection. Endangering the welfare of a child includes:

• Providing drugs or alcohol to a minor
• Encouraging or engaging in sexual conduct
• Allowing a child to remain in proximity to the manufacture or use of narcotics.

Endangering the welfare of a child is a misdemeanor punishable by up to six months in jail and a fine of up to $500. If the offense involves the use or manufacture of methamphetamine, the offense is a felony with a penalty of up to five years in prison and a fine of up to $10,000.

Get Legal Advice from a Montana Family Law Attorney

Montana state laws protect a child’s health and welfare first. Parents should have assistance from a Montana family law attorney if CPS contacts them about their child. A family law attorney can also help if you're concerned about abuse by your child's other parent or a relative.

If you're facing criminal charges, contact a criminal defense attorney right away. They can walk you through your options and help to protect your constitutional rights.