Parental Substance Use as Child Maltreatment - Montana

Substance-Exposed Newborns
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 of Public Health and Human Services any infant known to the professional to be affected by a dangerous drug, as defined in § 50-32-101.

Children Exposed to Parental Substance Use
Citation: Ann. Code §§ 41-3-102(7)(b); 45-5-622(2)(a), (3), (5)(b); 45-9-132(3)  

'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.

A parent, guardian, or any person aged 18 or older who is supervising the child commits the offense of endangering the welfare of children if the parent, guardian, or other person knowingly contributes to the delinquency of a child younger than age 18 by supplying or encouraging the use of an intoxicating substance by the child.

A person, regardless of whether 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 does any of the following:

• 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 of a crime related to the manufacture of methamphetamine 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.

A person convicted of the 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 following apply to the operation of an unlawful clandestine laboratory or any phase of the operation:

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