Montana

How does state law define child abuse and neglect for reporting purposes?

• Mandated reporters must report a child who has been abused or neglected as defined by Montana statute 41-3-102 and legal guidance interpreting the statute.
  • "Child abuse or neglect" means actual physical or psychological harm to a child; Substantial risk of physical or psychological harm to a child; or Abandonment.
    • The term includes:
    • Actual physical or psychological harm to a child or substantial risk of physical or psychological harm to a child by the acts or omissions of a person responsible for the child's welfare; or
    • Exposing a child to the criminal distribution of dangerous drugs, as prohibited by 45-9-101, the criminal production or manufacture of dangerous drugs, as prohibited by 45-9-110, or the operation of an unlawful clandestine laboratory, as prohibited by 45-9-132.
    • For the purposes of this definition, "dangerous drugs" means the compounds and substances described as dangerous drugs in Schedules I through IV in Title 50, chapter 32, part 2.
    • In proceedings under this chapter in which the federal Indian Child Welfare Act is applicable, this term has the same meaning as "serious emotional or physical damage to the child" as used in 25 U.S.C. 1912(f).
    • The term does not include self-defense, defense of others, or action taken to prevent the child from self-harm that does not constitute physical or psychological harm to a child.
  • "Physical or psychological harm to a child" means the harm that occurs whenever the parent or other person responsible for the child's welfare:
    • Inflicts or allows to be inflicted upon the child physical abuse, physical neglect, or psychological abuse or neglect;
    • Commits or allows sexual abuse or exploitation of the child;
    • Induces or attempts to induce a child to give untrue testimony that the child or another child was abused or neglected by a parent or other person responsible for the child's welfare;
    • Causes malnutrition or a failure to thrive or otherwise fails to supply the child with adequate food or fails to supply clothing, shelter, education, or adequate health care, though financially able to do so or offered financial or other reasonable means to do so;
    • Exposes or allows the child to be exposed to an unreasonable risk to the child's health or welfare by failing to intervene or eliminate the risk; or
    • Abandons the child.
  • The term does not include a youth not receiving supervision solely because of parental inability to control the youth's behavior.

Are child molestation, sexual abuse, rape, statutory rape, incest, intimate partner violence, sexual exploitation and/or trafficking of a minor reportable as child abuse or neglect and if so, how are they defined and what is reportable?

For the most current definitions of these terms, refer to Montana Code Annotated 2017 at the Montana Legislature website.