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Parents file emergency appeal at Montana Supreme Court to remove gag order – Daily Montanan

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Parents file emergency appeal at Montana Supreme Court to remove gag order – Daily Montanan


Editor’s note: This story was updated to include more information. 

A Glasgow couple would seem to be a perfectly made case for the controversial Senate Bill 99, passed by the Montana Legislature in 2023, which prohibited medical care for youth transitioning from one gender to another.

However, that couple now finds themselves looking at possible jail time, contempt, as well as losing a child to a parent in another country.

The couple, Todd Kolstad and Krista Cummins-Kolstad, filed an emergency appeal to the Montana Supreme Court on Monday morning, asking it to take control of the case, and stop — or vacate — a gag order imposed by Valley County District Court Judge Yvonne Laird after they criticized actions by the state health department.

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The parents claim the State of Montana has unfairly taken their child, imposed a gag order without just cause, and violated their rights to make medical decisions for their child. They allege public officials, including Gov. Greg Gianforte himself, have taken to a public smear campaign online to discredit them.

They agree they’ve opposed efforts to allow their 14-year-old child to transition from female to male, but contrary to statements from the governor, they argue they have never stood in the way of getting psychiatric help for suicidal thoughts.

The case began in August 2023 when  their child threatened suicide, then escalated when the couple refused to send her out of state for treatment, according to court records. 

After a third party reported the case, the state’s Child Protective Services stepped in, received temporary custody, and sent the child to a facility in Wyoming, and later a youth group home in Billings. 

Wanting their child back, the Kolstads took to Facebook in January to share their story, while criticizing the state. The Kolstads said on social media that while they support the need to get their child mental health resources, they don’t agree to let their daughter transition to a male. That drew a quick rebuke from Judge Laird, and the contempt order said that “further dissemination will result in contempt, which may result in jail and/or fine.”

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Neither Gianforte’s office nor a spokesperson for the Montana Department of Public Health and Human Services were immediately available for comment when contacted on Monday morning. However, should those departments comment, the Daily Montanan will update this story.

The story has drawn attention both nationally and internationally, especially among conservative websites. The court appeal notes that a story by Canadian online magazine Reduxx about the situation has been viewed more than 1.4 million times during the past week.

For now, the 14-year-old, who identifies as a male, is in a group home in Montana, after completing an emergency stay in a Wyoming facility after expressing suicidal thoughts. The state has granted the Montana Department of Public Health and Human Services a six-month custodial term for the youth, and has also approved a plan for him to live in Canada, with a birth parent.

Attorney Matthew Monforton represents the parents, Todd and his wife, Krista, who is the step-mother. The court brief, called a “petition for a writ of supervisory control,” is a rare motion that asks the Montana Supreme Court to take over the case and issue new decisions, including a request to stay — or set aside — the gag-order so the parents can respond and talk about the case.

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Meanwhile, Laird has set a contempt hearing in her courtroom for Feb. 21, where Monforton says in the filing that his clients likely face jail time or other punishment for speaking publicly in opposition to the state’s actions, in violation of their First Amendment rights.

While the Kolstads admitted that the child needed mental health help, they objected to sending their child to the Wyoming facilities, fearing that the state did not have protections that would allow them to stop treatment aimed at his request to transition. The Kolstads told state officials that their child was at the top of the waiting list for a treatment facility in Billings, and wanted to wait until that spot opened up, instead of going to Wyoming.

The parents relied on Senate Bill 99, which was passed, signed into law, then enjoined by the state’s courts. SB 99 would have given protection to parents who didn’t want their child to transition, as well as outlaw medical treatment of transgender patients less than the age of 18.

The parents, according to the court filings, are conservative Christians who believe that transitioning to a different gender is a sin, and said they’re just exercising their rights as a parent to determine what’s best for their child.

According to the court documents, when the parents declined to send their child to Wyoming, “approximately 15 minutes after the call ended, a Child Protective Services agent and a police officer arrived at the parents’ home and seized their daughter. She was taken to the Wyoming facility the next day.”

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The Kolstads say that kicked off a five-month fight that’s still ongoing while they’re trying to get their child back.

“A week later, Gov. Greg Gianforte, his communications director, and his allies in the press initiated a smear campaign against the parents. The parents have responded by speaking with the press,” the brief said.

In the brief, Monforton argues that the Kolstads are at a huge disadvantage because of the gag order: The governor and his staff have taken to social media, while they face possible jail time for responding.

Moreover, Monforton says the governor and state staff have smeared them, damaging their reputation, because the Kolstads say that their child was removed just because of suicidal thoughts, not for any other reason; however, social media posts, made by Gianforte, seemed to hint at other reasons.

“As stated in the state’s petition (for seizing the child, which is under seal and publicly unavailable), the sole basis for the removal (of the child) was the parents objections to being taken to Wyoming for treatment,” the court brief said.

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The Kolstads are also concerned because they say after their child was released in September from the Wyoming facility, the child has been living in a group home in Billings.

“Staff members there are addressing H.K. by her preferred male name. They allow her to use men’s toiletries and wear men’s clothes and a chest binder. (The child) attends all-boy group sessions at the group home. A therapist at the group home is counseling (the child) to reach a goal of accepting her chosen gender 80% of the time. The parents have objected to all of these messages, but to no avail,” the court brief said.

The Kolstads were told on Jan. 26, in a conference that included a county attorney, Dylan Jensen, and a child protection specialist, Crystal Whitmore, that in order to be reunified with their child, the couple would be required to “participate in marriage counseling and accept (their child’s) gender identity.”

“The parents stated their marriage was fine and they did not accept the state’s claim that (their child) was now a male,” the court brief said. “Jensen and Whitmore both laughed and told the parents, ‘You don’t understand. You have to accept the services.’”

Gianforte, as well as other members of the state, addressed the situation on social media last week. Gianforte said that he had personally charged Lt. Gov. Kristen Juras to review the case. Juras is an attorney who has taught at the University of Montana School of Law and run for the Montana Supreme Court.

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Gianforte said that Juras determined that DPHHS and the court have followed state policy and law, according to his posts on Twitter/X.

“Gov. Gianforte and his staff are publicly insinuating that (the child’s) seizure was necessitated by some horrifying fact, such as the parents’ ‘living in absolute filth,’ operating ‘meth labs,’ or being ‘dealers and addicts.’ But the parents risk jail time by responding to the governor’s lies,” the court brief said.

In the court filings, Monforton references the Child Protective Services report that found that the four-bedroom home was clean and stocked with food. Moreover, the reason for removing the Kolstads’ child was because of suicidal thoughts and the availability of the bed. However, because those documents are contained in a court filing that involves the health of a minor, they are unavailable for access.

OP 24-0071 Writ – Supervisory Control — Petition





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Tribes in Montana lose millions after USDA kills farm grants

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Tribes in Montana lose millions after USDA kills farm grants


Kim Paul, executive director of the Piikani Lodge Health Institute, a nonprofit on the Blackfeet Reservation that promotes health and well-being, saw the email notification flash across her computer screen as she was working late last week.

It was the U.S. Department of Agriculture saying a nearly $9 million grant contract with Piikani Lodge had been terminated.

“The U.S. Department of Agriculture has determined that awards under this program involved discriminatory preferences based on Diversity, Equity and Inclusion and wasteful spending that did little to further lawful agricultural land purchases,” the USDA wrote.

Paul was stunned. Piikani Lodge had planned to use the grant to improve operations for Native and non-Native farmers and ranchers in the region. The nonprofit had already separately acquired 600 acres on the Blackfeet Reservation, and planned to use the USDA funds to build a training hub for food producers and support about 300 farmers and ranchers in Glacier and Pondera counties.

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Paul said she became short of breath when she saw the email. She dreaded sharing the news with her team.

“It was horror,” she said. “The horror of losing stability for our community.”

Funded through the Biden-era American Rescue Plan Act of 2021, the Increasing Land, Capital and Market Access Program was designed to support “underserved” farmers and ranchers. It awarded about $300 million to 50 grantees in 2023. Forty-nine of those grants were terminated last week.

At least two additional projects in Montana were affected by the cancellations: a Chippewa Cree Tribe project to purchase land and train young farmers and ranchers how to manage it; and one run by South Dakota-based Four Bands Community Fund that would have trained and financially supported at least 25 low-income agricultural producers in North Dakota, South Dakota, Wyoming and Montana.

Montana-based awardees called the terminations “devastating.” They also say the grant cancellations were based on a false presumption that tribal initiatives fall under the Diversity, Equity and Inclusion (DEI) rubric, and that USDA claims of wasteful spending are baseless.

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Asked for comment, a USDA spokesperson said Thursday the agency “has worked to clean up the mess left for us by the last Administration. To no surprise, a peek behind the curtain of this Biden-era program revealed the egregious misuse of taxpayer dollars.”

Piikani Lodge Health Institute leaders say they will have to restructure budgets and reconfigure staffing to keep some semblance of their project going. The Chippewa Cree Tribal project may be halted altogether. Four Bands Community Fund did not respond to an interview request by publication deadline. Awardees say the terminations hinder economic progress, not just in their communities, but across the state.

MONTANA PROJECTS CUT

The Chippewa Cree Tribe in north-central Montana was awarded a grant of nearly $6 million for a land acquisition project.

Chippewa Cree planning director Neal Rosette said the tribe planned to purchase agricultural land on and around the reservation and train prospective farmers and ranchers how to manage it.

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Though reservation land can be used for farming and ranching, Rosette said, land prices can keep people from entering the industry. The Rocky Boy’s Reservation is home to almost 3,400 people, about 35% of whom live below the poverty line, according to U.S. Census data. The median household income on the reservation is $49,550, almost $26,000 less than the state’s average.

“We are trying to give opportunities to our young folks to make a living,” Rosette said.

Rosette said people working on the project had been trying to close on a 320-acre reservation property for months. The land costs about $400,000, but according to Rosette the tribe has received only about $50,000 of the nearly $6 million grant since 2023. The tribe, he said, asked USDA repeatedly to release the funds, but received minimal communication from the federal agency.

“They drug their feet, drug their feet, and then finally they pulled the rug out from under us,” he said.

Rosette has written many grants for the tribe in the past. He said receiving the termination letter from USDA marked “the first time I’ve ever got to the point where I felt like crying.”

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“It’s so, so, so cruel,” he said. “It’s the worst feeling in the world. It was devastating for everybody. We were so proud of this project. We were so happy that we were finally going to be able to recover some lands for the benefit of our young people. And now it’s gone.”

Micaela Young, development director at Piikani Lodge Health Institute, said the canceled grant will delay construction on the community training center on the Blackfeet Reservation.

The Piikani Lodge project included building an industrial community kitchen where agricultural producers could prepare and process products like jams and jerky.

In its termination letter to Piikani Lodge, the USDA cited a “$20,000 allocation for a barbeque smoker” as an example of funding for items “outside the program’s mission of increasing land access.” The USDA has also mentioned a “$20,000 barbeque smoker” in statements to other media outlets as an example of “inappropriate spending.”

Paul said the characterization is hurtful.

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“We did all this work, we spent so many years on this,” she said. “To say this was built on fraud? It’s a travesty. This was going to be five years of jobs for our people. Can you imagine the economic development that would come from that?”

‘DEI IS THE NEW BUZZWORD IN D.C.’

Paul and Rosette both took issue with the USDA’s assertion that programs benefiting tribes fall into the category of Diversity, Equity and Inclusion (DEI). It’s well established in federal law that tribal citizenship is a political classification, not a racial one. In a May 2025 memorandum, Secretary of Agriculture Brooke Rollins acknowledged the distinction, writing, “the Department’s unique government-to-government relationship” with tribes and their members “are legally distinct from policy-based Diversity, Equity and Inclusion programs.”

“We are a sovereign nation,” Rosette said of the Chippewa Cree Tribe. “We have a political relationship with this government.”

Democratic state Sen. Jonathan Windy Boy, a citizen of the Chippewa Cree Tribe who is running for Congress in Montana’s eastern district, called the agriculture department’s DEI reasoning “ludicrous.”

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“DEI is the new buzzword in D.C.” he said. “Why isn’t our delegation protecting the sovereign status of the tribes? The bottom line is we don’t have representation in D.C.”

Asked for comment on the grant terminations, a spokesperson for incumbent eastern district U.S. Congressman Troy Downing said his “office is aware of the rescinded grants and welcomes input from community members regarding their impact.” A spokesperson for Sen. Steve Daines said the senator “is looking into the grant cancellations and will always work to support Montana’s tribal communities.”

Sen. Tim Sheehy and Rep. Ryan Zinke did not respond to requests for comment.

Walter Schweitzer, president of the Montana Farmers Union, said that as land, livestock and equipment prices increase, and as more farms are purchased by corporate entities, it becomes increasingly hard for young people to enter the agriculture industry.

“The average age of a farmer or rancher is somewhere around 60,” he said. “We need to encourage and incentivize any way we can to get young people involved in agriculture. And having diversity in who gets into agriculture is a positive thing because they bring a diverse set of ideas.”

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Micaela Young, of Piikani Lodge Health Institute, said ag producers living on tribal land additionally face unique challenges. A patchwork of historical and sometimes conflicting federal policies have congealed over the course of more than a century into an unwieldy system of property ownership on reservations. Banks have not learned to effectively navigate the legal, bureaucratic and financial peculiarities of that system, making it difficult for prospective producers to access the capital necessary to enter the agricultural industry. Tribes, Young said, are also often located far from markets where they could sell their products.

“These kinds of projects that bring capital into Native communities can really help revitalize their main streets, increase public safety, there’s the opioid crisis, the suicide crisis in tribal communities, and people are really looking for hope,” Young said. “People are looking for jobs. Families need that income. So this kind of work really does lift up our Native communities to strengthen the overall state.”

WHAT’S NEXT?

Piikani Lodge leaders said they plan to file an appeal through the National Appeals Division, which reports directly to the Secretary of Agriculture, before the 30-day deadline.

Andrew Berger, director of agriculture and climate adaptation at Piikani Lodge, said the organization is drafting a petition urging restoration of the funds.

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“We’re still wrapping our heads around this,” he said. “[The grant] supported salaries and internships and all kinds of things. So we need to fill those gaps with other funding.”

Rosette isn’t sure whether the Chippewa Cree Tribe will file an appeal — an action he said requires time and resources. He said the tribe plans to ask the USDA to reconsider its decision.

“Whether they will listen?” he said. “Who knows.”

——-

Nora Mabie | nmabie@montanafreepress.org

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Nora Mabie covers Indigenous affairs at Montana Free Press. She previously covered Indigenous communities at the five Lee Montana newspapers: the Missoulian, Billings Gazette, Independent Record (Helena), Ravalli Republic and Montana Standard (Butte). Prior to that, she covered tribal affairs for the Great Falls Tribune. Nora’s reporting about the return of ancestral remains and disparities in Native life expectancy have received state and national journalism awards. She was a 2023 National Fellow at the USC Annenberg Center for Health Journalism and a McGraw Center for Business Journalism Fellow… More by Nora Mabie



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Montana Fouts Named to USA Softball 2026 Athlete Pool: Roll Call

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Montana Fouts Named to USA Softball 2026 Athlete Pool: Roll Call


Former Alabama softball pitcher Montana Fouts was one of 36 athletes named to the 2026 USA Softball Women’s National Team athlete pool. This group will compete at the World Baseball Softball Confederation (WBSC) World Cup Group Stage event as well as the 2026 USA Softball International Cup. These players will also be in consideration for the 2028 Olympic team.

Fouts was an all-American pitcher at Alabama from 2019 to 2023 and has represented Team USA on the international stage multiple times at the World Games in 2022 and the Pan American games in 2023. She currently plays in the AUSL for the Utah Talons.

Lexi Kilfoyl and Skylar Wallace both started their careers at Alabama before transferring to Oklahoma State and Florida respectively and were also named to the athlete pool. The WBSC World Cup group stage will be September 12-16 at Devon Park in Oklahoma City.

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Crimson Tide Roll Call: Friday, April 3, 2026

  • Former Alabama basketball player and longtime assistant Antoine Pettway was recognized as the Ben Jobe National Coach of the Year for his work at Kennesaw State this year. Pettway’s squad won the Conference USA tournament, earning a spot in the NCAA tournament.

  • After her introduction as the new women’s basketball head coach earlier in the day, Pauline Love threw out the first pitch at the Alabama softball game on Thursday night.

  • Former Alabama forward Brandon Miller has set a new franchise record for the Charlotte Hornets with 54 consecutive games with a made 3-pointer.

Alabama Crimson Tide Thursday results:

  • Women’s tennis: LSU 4, Alabama 1

  • Softball: Texas 9, Alabama 1

  • Baseball: Alabama 10, Oklahoma 7

Alabama Crimson Tide Friday schedule:

  • Track and field at Battle on the Bayou, Baton Rouge, Louisiana, All day

  • Rowing at Rocky Top Invite, Oak Ridge, Tennessee

  • Baseball at Oklahoma, Norman, Oklahoma, 1 p.m., SEC Network+

  • Gymnastics at NCAA Regional vs. Utah, Denver and Oregon State, Corvallis, Oregon, 3 p.m., ESPN+

  • Softball vs. Texas, Tuscaloosa, Alabama, 7:30 p.m., SEC Network

Countdown to Alabama Football’s A-Day Scrimmage

8 days

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On this date in Alabama Crimson Tide history:

April 3, 1985: Former Alabama quarterback Bobby Skelton was hired by the NFL as a back judge. Skelton, a long-time SEC official, joined former teammate Bobby Boylston, captain of the 1960 Alabama team, as a member of Art McNally’s NFL officiating crews. As a player, Skelton was best remembered for leading Alabama’s 16-15 win over Georgia Tech in 1960. — Bryant Museum

Alabama Crimson Tide Quote of the Day:

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“I thought Nebraska was the most football-crazed state until I came to Alabama. — James Michener in 1975 when he was writing his book, “Sports in America.”

We’ll leave you with this…

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Sign up to our free newsletter and follow us on Twitter/X, FacebookYouTubeInstagramThreads and Blue Sky for the latest news.





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Fort Missoula’s Forest Service Office Will Close As Headquarters Relocates

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Fort Missoula’s Forest Service Office Will Close As Headquarters Relocates


The Forest Service’s decision to move its headquarters back to the West is gathering some expressions of support, with the plan to shut down the agency’s headquarters in Washington, D.C., and relocate to Salt Lake as soon as next year.

But a lot of questions remain over how that will affect Region 1, the oldest of the Forest Service regions and a legacy in Western Montana for more than a century.

The transition to a “state model” will mean the closure of the regional office at Fort Missoula. However, the agency says an operations center will stay in Missoula, along with research functions, like the Fire Science Lab. Local offices for land management, recreation, and fire protection aren’t expected to see changes.

But the change has been on the minds of Missoula leaders since the proposal was first made last year. Missoula Mayor Andrea Davis told me previously that the city is concerned about losing some high-paying jobs.

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“We value our Forest Service employees in the way that that organization and agency has contributed to the culture of Montana and in Missoula and in particular.”- Missoula Mayor Andrea Davis

Mayor Andrea Davis; Dennis Bragg photo

Mayor Andrea Davis; Dennis Bragg photo

Mayor Davis says it’s also going to be critical for the Forest Service to maintain a presence in Missoula to help with fire safety concerns in a warmer climate.

“Obviously, we’re very fortunate in Missoula to be living next to the largest contiguous wilderness in the Lower 48 states,” Davis observed. “And we all know that with increasing temperatures and increasing wildfire risk, wildfire management and wildfire science are essential to the health of our communities, and we rely on the Forest Service for that.”

Bye-bye to the “Border Road”

One of the most iconic backroads in Montana is set to close this summer, with the Trump Administration announcing the short route known as the “Border Road” will be shut down in July.

The road stretches for 9 miles right along the Montana-Canadian border east of the Coutts-Sweet Grass crossing, and has served both Montana and Canadian ranchers for generations. It’s a symbol of the peaceful, “open border” and is actually maintained by Alberta’s Warner County.

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But the BBC is reporting Warner County officials are preparing to build a replacement on the northern side after learning the route will close. That’s expected to cost nearly $6 million. There’s been no comment from DHS on the decision.

Supreme Court rejects Gianforte tax suit request

The Montana State Supreme Court won’t take expedited action in that fight over property tax reform.

Last month, Governor Gianforte had asked for the justices to make an expedited ruling in the fight with some conservative GOP lawmakers, who claimed SB 542 violates the Montana Constitution.

Gianforte had said the suit could derail plans for $95 million in rebates and skew property tax rates.

But the Daily Montana is reporting all the justices ruled against the request, saying the Governor hadn’t provided proof of the urgency for stepping into the case, which is filed in Gallatin County.

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Family help as SNAP changes

While parts of Montana continue to adjust to the SNAP changes of the past year, including the state’s decision to cut off “junk food and sugary drinks” this week, JD Knite reports some families are finding that another state program is a source of help.

Montana’s Top 10 Warmest Aprils since 1895

Montana’s Top 10 Warmest Aprils since 1895 according to NOAA

Gallery Credit: Chris Wolfe

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