Knowingly possessing or consuming alcohol at an intoxicating level under the age of 21 may result in a charge of possession of a minor. The consequences of possessing alcohol before the age of 21 differ depending on whether the person is under 18 years of age or between 18 and 21 years of age. For more details on penalties related to charges of possession of a minor, see Montana Code 45-5-624 on Montana.gov. The Montana Legal Services Association (MLSA) provides free civil legal assistance to low-income individuals. Contact us to find out if you qualify: What happens if my child or teen attends a party where other people are drinking? If they do not drink, would they still be arrested because they are under 21 and close to other people who are drinking illegally? What are the possible legal consequences if I provide alcohol to someone under the age of 21 in my home? Can I be charged? Can there be a civil action? Can I lose my home? Restrictions on night work set limits on the time at which a minor can legally work. 41-2-107. Prohibited employment of minors aged 16 and 17. Unless working as an apprentice or student-learner in accordance with the provisions of 41-2-110, a minor aged 16 or 17 may not be employed in or in connection with any of the following professions: Emancipation is a means for minors to be treated as legal adults before the age of 18. When you are emancipated, you are free to act on your own. You cannot be emancipated if you are not 16 years of age or older. What happens if I am on vacation and my child/teen throws a party at our place, am I legally responsible? When it comes to taking certain legal steps, Montana law allows a minor to sue to assert their rights — although a guardian must conduct the lawsuit on behalf of the minor. The following table outlines some of the key provisions of Montana`s age laws.
For more information, see Emancipation of minors and Basic principles of parental responsibility. Child labor regulations may include the use of labor certificates issued by the minor`s school or the state Department of Labor and/or an age certificate document confirming the minor`s age for professional purposes. This page describes Montana`s child labor law. Montana has no restrictions on maximum working hours for minors ages 16 and 17. In addition to laws requiring professional references or age checks for general employment of minors, most states have special regulations for the employment of minors in agriculture (e.g., farm work and harvesting) and entertainment industries (including child actors, models, and artists). Montana law allows for the emancipation of minors under certain circumstances. Any minor seeking emancipation in Montana court – that is, be declared an adult in the eyes of the law – must be a Montana resident, 16 years old, and able to assist and manage his or her own affairs. What if my child/teen (under 21) goes to a party at a friend`s house and their parents provide alcohol to my child/teen? Is it illegal? In Helena, for example, municipal criminal law (ordinances) holds hosts responsible for providing alcohol to minors who are not their own children. What are the consequences for a minor who consumes alcohol at a party hosted by an older sibling? No. Emancipation should be a positive step for a minor.
Parents cannot use it to avoid parental responsibility. The age certificate is mandatory for employment in Montana for minors aged 16 and over: in hazardous occupations, optional in other occupations. The minor must obtain appropriate proof of age and present it to his employer to verify his age before hiring. Montana, like many other states, recognizes 18 as the “age of majority,” with residents legally considered adults (as opposed to “minors”). But Montana`s age laws also regulate a minor`s emancipatory capacity, the legal capacity to sign a contract, or consent to medical treatment. In addition, the legal drinking age in all states is 21. In Montana, a certificate of work in a safe environment is not required at all ages. Since minors under the age of 16 are not allowed to work in hazardous occupations, certificates for this age category are not required.
Minors who are allowed to work in Montana are subject to restrictions on when they can work and how many hours they can work. The exact restrictions depend on the age of the minor and are intended to ensure that the work does not interfere with the minor`s education. Working time restrictions limit the number of hours a minor can work per day and week. Age certification is a process by which minors provide proof of age to a potential employer, ensuring that all child labor laws prescribed for their age group are respected. No. According to Montana law (45-5-624), your child/teen cannot be arrested for being around other people who drink if they have not consumed alcohol and do not possess alcohol. However, they could get a minor in possession (MIP) if they are at a party where alcohol is present. In addition, they could violate their school`s code of conduct, which would have no legal consequences, but would have consequences in the school.
Work certificates, also known as work permits, are not required for minors to work under Montana law. Employers remain responsible for complying with all restrictions and regulations on child labor in Montana. Under Montana law, the age certificate for minors is performed by the Montana Department of Labor. Note: If you have a legal guardian, all of the information in this “Parents” section also applies to the parent or guardian and to you. The child labor laws in Montana and federal level exist to prevent the exploitation of minors for labor and to ensure that education takes precedence over labor. Restrictions on child labor vary by age and may include restrictions on the type of work that can be performed, the maximum number of working hours, and restrictions on late or night work. Let`s explore underage alcohol laws in Montana and discuss scenarios you might encounter as a parent or someone in a parenting role. Please note that some places may have stricter laws (regulations), laws change and this information is not a substitute for legal advice. Note: Montana`s laws are constantly changing: contact a Montana family law attorney or do your own legal research to review the state laws you`re looking for.