Child abuse is generally the mistreatment of a child by a parent or caregiver—through actions or inactions—that causes injury, death, or emotional harm to the child—or that places the child at serious risk of such injury, death, or emotional harm. Mistreatment that constitutes child abuse may take many forms, including neglect, physical abuse, sexual abuse, emotional abuse, failure to supervise, and exploitation. Child abuse laws vary from state to state and are usually located in a state’s family code and criminal or penal code.

In Montana, child abuse is addressed under both civil and criminal statutes. Civil statutes, found in the Montana Code Annotated (MCA), particularly in Title 41 (Children's Code), define child abuse and neglect and outline the procedures for reporting and investigating allegations of child abuse. The Department of Public Health and Human Services is the agency responsible for child protective services and is required to investigate reports of suspected child abuse or neglect. Criminal statutes, located in Title 45 (Crimes) of the MCA, define and penalize acts of child abuse, including assault on a minor, sexual abuse, and endangerment of a child's welfare. These laws make it a crime to cause bodily injury, substantial risk of death, or serious emotional harm to a child through any form of mistreatment. Montana law also mandates certain professionals, such as teachers and healthcare providers, to report suspected child abuse to the authorities. Failure to report can result in legal consequences. The state takes child abuse seriously, and the laws are designed to protect children from harm and to hold perpetrators accountable for their actions.