When police respond to a domestic incident and children live in the home, the Child and Family Services Division of the Montana Department of Public Health and Human Services may open its own inquiry. Most people call it CPS. It is a civil process, separate from the criminal charge, with its own definitions and deadlines. This page explains what triggers it and what it can lead to. It is part of our Montana Domestic Violence Guide.
Why a Domestic Call Can Lead to a Report
Montana requires certain professionals to report "promptly to the department" when they "know or have reasonable cause to suspect, as a result of information they receive in their professional or official capacity, that a child is abused or neglected by anyone" (MCA § 41-3-201(1)). The list includes "a peace officer or other law enforcement official," along with medical staff, mental health professionals, teachers and school employees, licensed social workers, and child care workers (MCA § 41-3-201(2)).
So the report might come from the responding officer. It might also come later from an emergency room, a counselor, or a school. Any other person may report as well (MCA § 41-3-201(4)).
How Exposure to Violence Fits the Definitions
"Child abuse or neglect" means actual physical or psychological harm to a child, substantial risk of that harm, or abandonment (MCA § 41-3-102(8)(a)). Physical or psychological harm in turn includes "psychological abuse or neglect," and that is the term that reaches domestic violence between adults. The definition in MCA § 41-3-102(27) has three parts worth reading closely:
- The core: "severe maltreatment, through acts or omissions, that is injurious to the child's intellectual or psychological capacity to function and that is identified as psychological abuse or neglect by" a licensed psychologist, professional counselor, clinical social worker, psychiatrist, pediatrician, or advanced practice registered nurse with a focused practice in psychiatry.
- The domestic violence clause: "The term includes but is not limited to the commission of acts of violence against another person residing in the child's home."
- The protection for the adult who was harmed: "The term may not be construed to hold a victim responsible for failing to prevent the crime against the victim."
Read together, violence against another household member can be psychological abuse of a child, but the statute sets a high bar (severe maltreatment, injurious to the child's capacity to function) and requires identification by a listed professional. A child who was physically hurt or put at unreasonable risk during an incident raises different definitions, such as physical abuse and physical neglect (MCA § 41-3-102(23) and (24)).
What an Investigation Looks Like
On receiving a report, the department assesses it and decides the level of response and the timeframe (MCA § 41-3-202(1)(a)). If it decides an investigation is required, a child protection investigator conducts it and performs a safety and risk assessment "to determine whether the living arrangement presents an unsafe environment for the child." That may include a visit to the home, the child's school or day care, or anywhere else the child is (MCA § 41-3-202(1)(c)).
The investigator may interview the child, and the interview may be conducted in the presence of a parent, guardian, or school employee (MCA § 41-3-202(3)). The investigator must furnish a written safety and risk assessment to the department within 60 days of starting, and to the family on request (MCA § 41-3-202(6)). The investigation ends in one of three determinations.
| Determination | What the statute says it means |
|---|---|
| Substantiated | The department investigated and determined by a preponderance of the evidence that an act of child abuse or neglect occurred (41-3-102(36)). |
| Unsubstantiated | The department investigated and is unable to determine by a preponderance of the evidence that an act occurred (41-3-102(40)). |
| Unfounded | The department investigated and there is no evidence to corroborate the report (41-3-102(39)). |
Department records are confidential, with exceptions listed in MCA § 41-3-205. That statute allows disclosure to a court for inspection if relevant to an issue before it, so confidentiality is not a guarantee that nothing you say will be seen elsewhere.
The Special Rule for Domestic Violence Cases
Montana addresses this situation directly. If the investigator, a peace officer, or the county attorney determines that a child is in danger or needs protection because of PFMA or strangulation of a partner or family member against an adult in the household, the department "shall take appropriate steps for the protection of the child" (MCA § 41-3-301(2)). Those steps may include:
- reasonable efforts to protect the child and prevent removal from the parent or guardian who is the alleged victim, and
- reasonable efforts to remove the person who allegedly committed the offense from the child's residence, if the child or another household member is in danger.
For the person accused, this means the department may work to keep you out of the home, which a no contact order may already require. See where can I live.
Prevention Plans and Emergency Removal
The department may offer a written prevention plan, which is voluntary. You may have a person of your choice present whenever its terms are discussed, and either side may end the plan at any time, although ending it does not stop the department from filing a petition (MCA § 41-3-302(3) and (5)). A plan can include a parent temporarily relocating so the child can stay home.
If a child is removed in an emergency, the parents must be told the reason, and a district court must hold a hearing within 5 business days of the removal to decide whether there is probable cause to continue it (MCA § 41-3-306(1)(a)). Parents must be represented by counsel at that hearing (MCA § 41-3-306(3)).
How This Connects to Your Criminal Case
The investigator is not your lawyer and is not bound by the rules that protect conversations with one. An affidavit supporting a court petition must include information about statements made by the parents about the facts of the case (MCA § 41-3-427(1)(c)(i)). Anything you say about the incident can end up in a court file. Talk to your defense lawyer before an interview, and tell the lawyer about any plan the department asks you to sign.
A&M Law defends the criminal charge. If the department files a court petition, you will need a lawyer for that proceeding, and the court can appoint one if you qualify. Related reading: PFMA in front of children, termination of parental rights risk, and PFMA and child custody.
If a child is in danger, call 911. The National Domestic Violence Hotline is 1-800-799-7233.
This page explains Montana law in general as of the 2025 Montana Code Annotated. It is not legal advice about your specific case.