Child neglect is the failure of a parent or other person with responsibility for the child to provide the food, clothing, shelter, medical care, education, and supervision necessary for the child's health, safety, and well-being. Placing the child in physically or emotionally harmful situations is also child neglect. Courts take child neglect seriously, and a parent or other person with custody of the child who is guilty of child neglect may lose custody of the child, and may face criminal charges.

In Montana, child neglect is addressed under the Montana Code Annotated (MCA) and is considered a form of child abuse. According to Montana law, specifically MCA 41-3-102, child neglect includes the failure of a parent or guardian to provide a child with adequate food, clothing, shelter, education, medical attention, or other care necessary for the child's physical and emotional well-being. The law also considers placing a child in situations that may be physically or emotionally harmful as neglect. When instances of child neglect are reported, the Montana Department of Public Health and Human Services (DPHHS) may intervene to investigate and ensure the child's safety. If neglect is substantiated, the responsible party may face legal consequences, including the potential loss of custody and criminal charges. The severity of the neglect and the circumstances surrounding the case will influence the legal outcomes. In severe cases, neglect may result in felony charges under MCA 45-5- neglect or endangerment of a child. Courts in Montana prioritize the best interests of the child when making custody determinations and addressing allegations of neglect.