Parental Substance Use as Child Abuse - Montana

Citation: Ann. Code § 41-3-201(3)

A physician or other health-care professional involved in the delivery or care of an infant shall report to the department any infant known to the professional to be affected by a dangerous drug, as defined in § 50-32-101.

Citation: Ann. Code § 45-5-622(3), (5)(b)

A person, whether or not the person is supervising the welfare of a child younger than age 18, commits the offense of endangering the welfare of children if the person, in the residence of a child; in a building, structure, conveyance, or outdoor location where a child might reasonably be expected to be present; in a room offered to the public for overnight accommodation; or in any multiple-unit residential building, knowingly:

• Produces or manufactures methamphetamine or attempts to produce or manufacture methamphetamine
• Possesses any material, compound, mixture, or preparation that contains any combination of the items listed in § 45-9-107 with intent to manufacture methamphetamine
• Causes or permits a child to inhale, be exposed to, have contact with, or ingest methamphetamine or be exposed to or have contact with methamphetamine paraphernalia

A person convicted under the subsection above is guilty of a felony and shall be imprisoned in the State prison for a term not to exceed 5 years and may be fined an amount not to exceed $10,000, or both. If a child suffers serious bodily injury, the offender shall be fined an amount not to exceed $25,000 or be imprisoned for a term not to exceed 10 years, or both. Prosecution or conviction of a violation of this subsection does not bar prosecution or conviction for any other crime committed by the offender as part of the same conduct.

Citation: Ann. Code § 45-9-132(3)

A person convicted of operation of an unlawful clandestine laboratory shall be fined an amount not to exceed $50,000, be imprisoned in a state prison for a term not to exceed 50 years, or both, if the operation of an unlawful clandestine laboratory or any phase of the operation:

• Created a substantial risk of death of or serious bodily injury to another
• Took place within 500 feet of a residence, business, church, or school
• Took place in the presence of a person younger than age 18

Citation: Ann. Code § 41-3-102(7)(b)

'Child abuse or neglect' includes 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.