Montana
Categorical Right To Counsel
Discretionary Appointment Of Counsel
Right Or Appointment Is Qualified
No Such Proceeding
No Authorization, But Relevant Materials
Other
Doesn't Affect
Abuse/Neglect/Dependency - Accused Parents
Legislation
May 16, 2025
SB468
Would have required notice, a hearing, and a right to counsel in child abuse registry matters
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May 23, 2025
SJ30
Ordering study of child abuse registry to monitor expungement implementation and consider an individual's right to counsel in registry matters
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Categorical
Abuse/Neglect/Dependency - Children
Legislation
Key Development
May 19, 2023
Montana guarantees child-directed counsel for children
A court must appoint counsel for a child in an abuse or termination matter and may assign counsel for appeals.
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Key Development
May 19, 2025
HB913
The bill would've rolled back the right to counsel for kids in neglect matters. Due to NCCRC, NACC, and others' testimony, this was removed!
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Discretionary
All Basic Human Needs
Litigation
Key Development
January 1, 2011
Trial courts have inherent power to appoint counsel, says Supreme Court of Montana
The Montana Supreme Court sent a reminder to trial courts that they have the inherent power to appoint counsel in any civil case.
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Doesn't Affect
Housing - Evictions
Miscellaneous
June 11, 2025
All about tenant RTC efforts in Bozeman MT
Bozeman tenants are calling on the city to enact a tenant RTC, and the city commissioners have said they are exploring it.
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Doesn't Affect
Termination of Parental Rights (Private) - Birth Parents
Litigation
January 3, 2019
Montana Supreme Court acts to protect parent right to counsel
The Montana Supreme Court found that a parent had not waived his right to counsel in an adoption case, and strengthened the waiver standard.
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December 2, 2014
Montana parents have constitutional right to counsel in adoptions, says high court
The Supreme Court of Montana held the state's failure to provide counsel in private adoption cases violated the state's equal protection clause.
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Categorical
Termination of Parental Rights (State) - Birth Parents
Legislation
Key Development
Right to counsel
Indigent parents have a right to representation by the public defender in termination of parental rights proceedings.
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Categorical
Termination of Parental Rights (State) - Children
Legislation
Key Development
May 19, 2023
Montana guarantees child-directed counsel for children
A court must appoint counsel for a child in an abuse or termination matter and may assign counsel for appeals.
Read More
Discretionary
Abuse/Neglect/Dependency - Accused Parents
Categorical
Abuse/Neglect/Dependency - Children
Discretionary
All Basic Human Needs
Qualified
Bypass of Parental Input into Abortion - Minor (Pre-Dobbs)
Qualified
Civil Commitment
Discretionary
Custody Disputes - Children
Qualified
Guardianship/Conservatorship of Adults - Protected Person
Qualified
Guardianship/Conservatorship of Children - Child (incomplete)
No Such Proceeding
Guardianship/Conservatorship of Children - Parent or Guardian
Discretionary
Housing - Discrimination
Categorical
Involuntary Medical Treatment (incomplete)
Categorical
Parentage - Defendant/Respondent
Categorical
Parentage - Petitioner or Child
No Such Proceeding
Sexually Dangerous Persons - Commitment
No Such Proceeding
Sterilization
Categorical
Termination of Parental Rights (Private) - Birth Parents
Categorical
Termination of Parental Rights (State) - Birth Parents
Categorical
Termination of Parental Rights (State) - Children
Categorical