Current through the 2023 Regular Session
Section 41-3-103 - [Effective 7/1/2025] 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)(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.Amended by Laws 2023, Ch. 779,Sec. 1, eff. 10/1/2023.Amended by Laws 2023, Ch. 716,Sec. 26, eff. 7/1/2023, terminates 6/30/2025.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.This section is set out more than once due to postponed, multiple, or conflicting amendments.