Montana
Montana parents who lost custody of daughter after opposing gender transition claim 14-year-old was taken without warrant
A Montana couple who claim they lost custody of their daughter after opposing a gender transition now allege the 14-year-old was taken from them by the state’s child protective services without a warrant, according to a new lawsuit.
The teen’s father, Todd Kolstad, and stepmother, Krista, slapped the agency with a federal suit earlier this week, claiming that social workers allegedly took their child without due process by not having a judge sign off on the warrant, the Daily Montanan reported.
The couple also allege their religious freedoms were ignored and their civil rights violated when CPS opted to put the teen in a psychiatric facility in Wyoming instead of Montana — and then banned them from communicating with the child.
The legal saga first erupted when the Kolstads’ said the teen, who is only identified as “H.K.” in court papers, told them last year that he identifies as transgender and wanted to transition to a male.
The couple, however, said they refused the teen’s request because of their strong religious beliefs.
State officials were subsequently alerted last summer when H.K. expressed suicidal thoughts at school and was admitted to a hospital for in-patient psychiatric care after claiming to have ingested a mix of ibuprofen and toilet bowl cleaner.
Concerned about the risk of suicide and imminent harm, state officials argued, at the time, that they were justified in taking custody of H.K.
But the couple claim the social workers lied in an affidavit that H.K. faced “an imminent risk of physical harm” and left out any mention of their religious beliefs.
“Seizing a child without a warrant is excusable only when officials have reasonable cause to believe that the child is likely to experience serious bodily harm in the time that would be required to obtain a warrant,” the court filing states.
“(CPS) knew that H.K. was not facing an imminent substantial risk of serious harm when they seized her on Aug. 22,” the suit continued. “Defendants’ deceit of the state court made the court’s proceedings against the Kolstads a sham from start to finish.”
When they took custody of the teen, the state said they trying to find a permanent bed in a psychiatric hospital for H.K., the lawsuit notes.
The Kolstads’ argue they, too, were supportive of finding a psychiatric bed for the teen — as long as it was in Montana because they feared out-of-state medical professionals might start the transition process.
The couple believed Montana banned medical support for teens looking to transition given the issue is still being litigated in state courts, according to the suit.
They claim state officials switched the plans at the last minute and moved H.K. to a psychiatric treatment center in neighboring Wyoming against their wishes and banned them from contacting the teen.
The state agency didn’t immediately respond to The Post’s request for comment about the litigation.
The lawsuit comes after the case spilled into the public realm earlier this year when Gov. Greg Gianforte ordered Lieutenant Governor Kristen Juras to carry out a review of the case.
Gianforte, a Republican, later backed the social workers after Juras’ probe found “the court have followed state policy and law in their handling of this tragic case.”
In a statement to The Post, Gianforte’s office stressed the state doesn’t remove minors from homes to provide gender transition services or use public funds to pay for those services while a minor is in the state’s custody.
“As outlined in its statement of purpose, Child Protective Services protects children who have been or are at substantial risk of abuse, neglect or abandonment,” a spokesperson said at the time.
H.K. currently resides with his biological mother in her native Canada.
MISSOULA — Sam Forstag edged out Ryan Busse to secure the Democratic nomination in Montana’s 1st Congressional District.
Busse conceded the race to Forstag on Wednesday morning. Forstag had trailed behind Busse Tuesday evening, but he made up ground as the votes were counted into the early hours of Wednesday morning. The other two candidates in the race, Russl Cleveland and Matt Rains, are sitting at third and fourth, respectively.
Forstag leads in close race for Montana’s 1st Congressional District
Forstag spent eight years as a wildland firefighter, including four as a smokejumper, and he’s been vice president of the local National Federation of Federal Employees union. Last week, U.S. House of Representative Alexandria Ocasio-Cortez, D-New York, held a rally in Missoula to support Forstag’s campaign.
He told MTN on Tuesday that his campaign has been for the working class.
“We got a whole lot of people here that have been working their tail off to finally get some working-class representation in Washington,” Forstag noted. “So proud of everything we’ve done and so grateful.”
Forstag further noted he wants Montanans to be able to afford groceries, have universal free childcare and restore and expand Affordable Health Care Act subsidies.
“Hearing people’s stories and struggles and commonalities in the ways that we’re all fighting in the system that does not serve us so often, and the government serves corporations and the richest people in this country more than working people. It has been frustrating and saddening, but it has also inspired so much hope in me, like the fixes we can actually make,” he told MTN.
The 1st Congressional District covers much of western Montana, including Kalispell, Missoula, Butte and Bozeman. It is currently held by Rep. Ryan Zinke, R-Montana, who chose not to seek reelection.
By securing the nomination, Forstag is slated tol face off against Libertarian candidate Nick Sheedy and Republican candidate Aaron Flint in November.
Brian Miller won the Democratic primary Tuesday for the U.S. House seat in Montana’s eastern district.
The Associated Press called the race for Miller, an attorney in Helena, who fended off a challenge from state Sen. Jonathan Windy Boy, a longtime legislator from Box Elder, and Sam Lux, a farrier from Great Falls.
In the Republican and rural eastern district, any Democrat will be an underdog, and Miller will face off against incumbent Republican U.S. Rep. Troy Downing, who was unopposed Tuesday.
Libertarian Patrick McCracken is also running.
In the primary, Miller took 58% of the vote. Lux took 27% and Windy Boy took 16%, according to the Montana Secretary of State’s website.
In April, Windy Boy paused his campaign amid “serious sexual abuse” allegations raised by the Montana Democratic Party — but Windy Boy restarted his campaign and later called the allegations “political attacks.”
Miller is representing the victim of the alleged abuse and her mother, although he said he didn’t take on the role until after Windy Boy initially suspended his campaign.
The Western Montana Food and Farm Trail, a new agritourism initiative led by Farm Connect Montana, launches May 30, offering locals and visitors a new kind of food and farm adventure across Western Montana.
Running June 1 through October 31, the self-guided Trail spans more than 200 miles and features more than 100 farms, ranches, farmers markets, restaurants, breweries and food businesses across the Missoula, Bitterroot, Flathead and Mission Valleys. Along the way, participants are invited to meet growers and makers, taste what’s in season and experience the culture and care behind Western Montana’s local food community.
At the center of the experience is the passport-style Trail Field Guide, illustrated by Missoula-based artist Courtney Blazon. The guide features illustrated maps, curated itineraries, seasonal highlights and more than 100 local food destinations throughout the region. The guide also includes more than $130 in special offers from participating farms and businesses.
Participants can collect stamps at Trail stops along the way to qualify for prizes, giveaways, or simply as a way to document their journey. End-of-season prizes include raffles for three CSA memberships valued at over $600 each, as well as local food and farm gift certificates, product bundles and Courtney Blazon-designed market totes.
The Trail is a regional collaboration led by Farm Connect Montana in partnership with Land to Hand Montana, The O’Hara Commons and Sustainability Center and Abundant Montana, organizations working to strengthen local food systems across Western Montana. The project aims to support local farms and food businesses through expanded visibility and agritourism opportunities while reconnecting locals and visitors with the people, places and stories behind their food.
“In creating the Western Montana Food & Farm Trail, we hope to inspire both residents and travelers to discover the stories behind their food and connect with the people cultivating a more vibrant, resilient and locally rooted food community,” said Bonnie Buckingham, Executive Director of Farm Connect Montana. “Participation in the Trail is a win for everyone. It creates new opportunities for farms and local food businesses to reach wider audiences while encouraging participants to explore new places, support local producers and experience Western Montana in a more meaningful way.”
“Land to Hand is thrilled to partner with Farm Connect on the Food and Farm Trail to highlight the robust agricultural heritage of Western Montana,” said Gretchen Boyer, Executive Director of Land to Hand Montana. “This initiative is more than just a guide – it’s an invitation to celebrate and support the local farmers who nourish our communities every day. By connecting residents and visitors directly to the source, we’re strengthening our local food system and honoring the people and landscapes that sustain the Flathead Valley.”
To celebrate the launch, regional Trail launch parties will take place in Missoula, the Bitterroot Valley and the Flathead Valley throughout early June, featuring Field Guide distribution, local food vendors, giveaways and opportunities to learn more about the Trail.
Trail Field Guides ($10) will be available for purchase beginning May 30 both online and at participating businesses, farmers markets and community locations throughout the region. A full list of Field Guide purchase locations and details, as well as a digital map and Trail listings, special events and more information is available at farmconnectmontana.org/trail.
Funding for this project was made possible through the U.S. Department of Agriculture’s Agricultural Marketing Service.
Regional launch events
• Missoula Launch Party — LaLonde Ranch, Sun., June 7, 1-4 p.m.
• Bitterroot Launch Party — O’Hara Commons Market, Wed., June 10, 4-6 p.m.
• Flathead Launch Party — Backslope Brewing, Tue., June 16, 4-7:30 p.m.
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