41-3-103. Jurisdiction and venue. (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 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) 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.
History: En. 10-1302 by Sec. 3, Ch. 328, L. 1974; R.C.M. 1947, 10-1302; amd. Sec. 7, Ch. 458, L. 1995; amd. Sec. 1, Ch. 114, L. 2001; amd. Sec. 3, Ch. 504, L. 2003; amd. Sec. 1, Ch. 223, L. 2011.
Structure Montana Code Annotated
Chapter 3. Child Abuse and Neglect
41-3-101. Declaration of policy
41-3-103. Jurisdiction and venue
41-3-104. Renumbered 41-3-1122
41-3-105. Renumbered 41-3-1125
41-3-106. Prosecution of offenders
41-3-107. Interagency cooperation
41-3-108. Child protective teams
41-3-109. Proceedings subject to Indian Child Welfare Act
41-3-110. Audio or video testimony allowed
41-3-112. Appointment of court-appointed special advocate -- guardian ad litem
41-3-115. Foster care review committee -- foster care reviews -- permanency hearings
41-3-116. and 41-3-117 reserved
41-3-119. Foster parent counseling services
41-3-120. Liability insurance for foster parents
41-3-124. through 41-3-126 reserved
41-3-127. Certification required for use of title -- exceptions
41-3-128. Certificate requirements -- supervision -- fees
41-3-129. Certificate renewal -- continuing education
41-3-130. Implementation of certification requirement for child protection specialists