Child Endangerment Laws in Montana

Endangering the welfare of children covers a parent or supervisor who knowingly endangers a child under 18 by violating a duty of care, an adult who contributes to delinquency (for example supplying intoxicants or marijuana to a child, or encouraging a child under 16 to run away or engage in sexual conduct), and committing domestic assault in front of a child. It is a misdemeanor with up to $500 and/or six months in jail (up to $1,000 for a second offense); making dangerous drugs where children may be present is a felony with up to five years and $10,000, or up to ten years and $25,000 if a child is seriously injured. Criminal child endangerment, a separate felony, covers causing a substantial risk of death or serious injury to a child under 14 (for example denying urgent medical care, or driving under the influence with the child in the car), with up to ten years and/or $50,000. The statute says letting a child walk to school, play outside or stay home alone at a mature age is not neglect.

Montana's rule on court-appointed lawyers: The Office of State Public Defender assigns counsel to eligible applicants; eligibility determinations are subject to the review and approval of the court. An applicant is indigent if 'the applicant's gross household income is at or less than 133% of the poverty level' (federal poverty guidelines) or if disposable income and assets are 'insufficient to retain competent private counsel without substantial hardship to the applicant.' The applicant must provide a detailed financial statement and sign an affidavit on a prescribed form; false statements may be prosecuted. The section does not set an application fee. MCA § 47-1-111

Lawyers set their own fees, and Montana has rules on how they may charge. See hiring a criminal defense lawyer in Montana for fee rules, how to check a lawyer's license and free help.

How release before trial works in Montana: Before a verdict, the court must either authorize release 'upon reasonable conditions that ensure the appearance of the defendant' and protect the safety of the community or any person, or detain the defendant when there is probable cause to believe the defendant committed an offense for which death is a possible punishment and adequate safeguards are unavailable (§ 46-9-106). The amount of bail must be sufficient to ensure the defendant's presence and compliance with bail conditions and to protect any person from bodily injury; 'not oppressive'; commensurate with the nature of the offense; and considerate of the financial ability of the accused, prior record, history of abscondence, length of residence and community ties, family ties, mental health status and treatment, and employment status (§ 46-9-301). MCA §§ 46-9-106, 46-9-301 What happens after an arrest.

Each state sets its own rules for sealing or expunging records. See Montana expungement and record sealing rules.