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  • 41-3-301 Emergency protective service.

    Statutes | 41-3-301, MCA

    (1) Any child protective social worker of the department, a peace officer, or the county attorney who has reason to believe any child is in immediate or apparent danger of harm may immediately remove the child and place the child in a protective facility. After ensuring that the child is...

  • 41-3-103 Jurisdiction and venue.

    Statutes | 41-3-103, MCA

    (1) Except as provided in the federal Indian Child Welfare Act, in all matters arising under this chapter, a person is subject to a proceeding under this chapter and the district court has jurisdiction over:(a) a youth who is within the state of Montana for any purpose(b) a youth or other person...

  • 41-3-102 Definitions.

    Statutes | 41-3-102, MCA

    As used in this chapter, the following definitions apply:(1) (a) "Abandon", "abandoned", and "abandonment" mean:(i) leaving a child under circumstances that make reasonable the belief that the parent does not intend to resume care of the child in the future(ii) willfully...

  • 41-3-101 Declaration of policy.

    Statutes | 41-3-101, MCA

    (1) It is the policy of the state of Montana to: (a) provide for the protection of children whose health and welfare are or may be adversely affected and further threatened by the conduct of those responsible for the children's care and protection (b) achieve these purposes in a family...

  • 40-15-408 Uniformity of application and construction.

    Statutes | 40-15-408, MCA

    In applying and construing this part, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.

  • 40-15-407 Other remedies.

    Statutes | 40-15-407, MCA

    A protected individual who pursues remedies under this part is not precluded from pursuing other legal or equitable remedies against the respondent.

  • 40-15-406 Immunity.

    Statutes | 40-15-406, MCA

    This state or a local governmental agency or a law enforcement officer, prosecuting attorney, clerk of court, or any state or local governmental official acting in an official capacity is immune from civil liability for an act or omission arising out of the registration or enforcement of a foreign...

  • 40-15-405 Registration of order.

    Statutes | 40-15-405, MCA

    (1) Any individual may register a foreign protection order in this state. To register a foreign protection order, an individual shall: (a) present a certified copy of the order to the department of justice or (b) present a certified copy of the order to a clerk of any court or to any local law...

  • 40-15-404 Nonjudicial enforcement of order.

    Statutes | 40-15-404, MCA

    (1) A law enforcement officer of this state, upon determining that there is probable cause to believe that a valid foreign protection order exists and that the order has been violated, shall enforce the order as if it were the order of a court of this state. Presentation of a protection order that...

  • 40-15-403 Judicial enforcement of order.

    Statutes | 40-15-403, MCA

    (1) A person authorized by the law of this state to seek enforcement of a protection order may seek enforcement of a valid foreign protection order in a court of this state. The court shall enforce the terms of the order, including terms that provide relief that a court of this state would lack...