Montana Code 41-3-103. Jurisdiction and venue
41-3-103. (Temporary) Jurisdiction and venue. (1) Except as provided in the federal Indian Child Welfare Act or the Montana Indian Child Welfare Act provided for in Title 41, chapter 3, part 13, in all matters arising under this chapter, a person is subject to a proceeding under this chapter and the district court has jurisdiction over:
Terms Used In Montana Code 41-3-103
- Abused or neglected: means the state or condition of a child who has suffered child abuse or neglect. See Montana Code 41-3-102
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Indian child: has the meaning provided in 41-3-1303. See Montana Code 41-3-102
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Parent: means a biological or adoptive parent or stepparent. See Montana Code 41-3-102
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
- Venue: The geographical location in which a case is tried.
- youth: means any person under 18 years of age. See Montana Code 41-3-102
(a)a youth who is within the state of Montana for any purpose;
(b)a youth or other person subject to this chapter who under a temporary or permanent order of the court has voluntarily or involuntarily left the state or the jurisdiction of the court;
(c)a person who is alleged to have abused or neglected a youth who is in the state of Montana for any purpose;
(d)a youth or youth’s parent or guardian who resides in Montana;
(e)a youth or youth’s parent or guardian who resided in Montana within 180 days before the filing of a petition under this chapter if the alleged abuse and neglect is alleged to have occurred in whole or in part in Montana.
(2)(a) Venue is proper in the county where a youth is located or has resided within 180 days before the filing of a petition under this part or a county where the youth’s parent or guardian resides or has resided within 180 days before the filing of a petition under this part.
(b)Unless a case is approved for transfer to a tribal court or treatment court, a court may deny a motion to change venue either for good cause or if transferring venue will result in delaying a child’s permanency. (Terminates June 30, 2025–sec. 55, Ch. 716, L. 2023.)