Montana

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

Published

11 months ago

February 5, 2024

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.

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.”

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.

To give them their best shot at reaching their full potential, children deserve to grow up in happy, healthy homes with loving families. Sadly, this ideal is not always realized. 1/8
— Governor Greg Gianforte (@GovGianforte) January 29, 2024

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.

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.”

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.

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.

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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Montana Lottery Powerball, Lucky For Life results for Dec. 25, 2024

Published

8 hours ago

December 26, 2024

Press Room

The Montana Lottery offers multiple draw games for those aiming to win big. Here’s a look at Dec. 25, 2024, results for each game:

Winning Powerball numbers from Dec. 25 drawing

15-26-27-30-35, Powerball: 03, Power Play: 3

Check Powerball payouts and previous drawings here.

Winning Lucky For Life numbers from Dec. 25 drawing

04-10-35-42-45, Lucky Ball: 02

Check Lucky For Life payouts and previous drawings here.

Winning Lotto America numbers from Dec. 25 drawing

04-05-40-42-52, Star Ball: 10, ASB: 03

Check Lotto America payouts and previous drawings here.

Winning Big Sky Bonus numbers from Dec. 25 drawing

09-18-19-25, Bonus: 15

Check Big Sky Bonus payouts and previous drawings here.

Winning Powerball Double Play numbers from Dec. 25 drawing

08-29-30-47-57, Powerball: 01

Check Powerball Double Play payouts and previous drawings here.

Winning Montana Cash numbers from Dec. 25 drawing

01-05-10-39-41

Check Montana Cash payouts and previous drawings here.

Feeling lucky? Explore the latest lottery news & results

When are the Montana Lottery drawings held?

Powerball: 8:59 p.m. MT on Monday, Wednesday, and Saturday.
Mega Millions: 9:00 p.m. MT on Tuesday and Friday.
Lucky For Life: 8:38 p.m. MT daily.
Lotto America: 9:00 p.m. MT on Monday, Wednesday and Saturday.
Big Sky Bonus: 7:30 p.m. MT daily.
Powerball Double Play: 8:59 p.m. MT on Monday, Wednesday, and Saturday.
Montana Cash: 8:00 p.m. MT on Wednesday and Saturday.

Missed a draw? Peek at the past week’s winning numbers.

Winning lottery numbers are sponsored by Jackpocket, the official digital lottery courier of the USA TODAY Network.

Where can you buy lottery tickets?

Tickets can be purchased in person at gas stations, convenience stores and grocery stores. Some airport terminals may also sell lottery tickets.

You can also order tickets online through Jackpocket, the official digital lottery courier of the USA TODAY Network, in these U.S. states and territories: Arizona, Arkansas, Colorado, Idaho, Maine, Massachusetts, Minnesota, Montana, Nebraska, New Hampshire, New Jersey, New Mexico, New York, Ohio, Oregon, Puerto Rico, Texas, Washington, D.C., and West Virginia. The Jackpocket app allows you to pick your lottery game and numbers, place your order, see your ticket and collect your winnings all using your phone or home computer.

Jackpocket is the official digital lottery courier of the USA TODAY Network. Gannett may earn revenue for audience referrals to Jackpocket services. GAMBLING PROBLEM? CALL 1-800-GAMBLER, Call 877-8-HOPENY/text HOPENY (467369) (NY). 18+ (19+ in NE, 21+ in AZ). Physically present where Jackpocket operates. Jackpocket is not affiliated with any State Lottery. Eligibility Restrictions apply. Void where prohibited. Terms: jackpocket.com/tos.

This results page was generated automatically using information from TinBu and a template written and reviewed by a Great Falls Tribune editor. You can send feedback using this form.

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Montana authors talk about state's 'political hell-raiser,' archaeology • Daily Montanan

Published

19 hours ago

December 25, 2024

Press Room

Montana authors talk about state's 'political hell-raiser,' archaeology • Daily Montanan

Historian and author Marc Johnson gives a book talk next month about Burton K. Wheeler, “one of the most powerful politicians Montana ever produced,” as part of the Montana Historical Society’s lecture series.

Johnson will speak from 1 p.m. to 2 p.m. Wednesday, Jan. 8, at Touchmark, 915 Saddle Dr. in Helena. He will talk about his book, “Political Hell-Raiser: The Life and Times of Senator Burton K. Wheeler of Montana.”

“(Wheeler) came of political age amid antiwar and labor unrest in Butte, Montana, during World War I, battling Montana’s powerful economic interests and championing farmers and miners as a crusading United States attorney,” said the announcement from the Montana Historical Society. “Wheeler went on to become one of the most influential, and controversial, members of the United States Senate during three of the most eventful decades in American history.”

Also in January, author and University of Montana archaeology professor Douglas MacDonald will discuss his “Land of Beginnings: The Archaeology of Montana’s First Peoples.”

The book talk takes place from 6:30 p.m. to 7:30 p.m. on Thursday, Jan. 16, at the Lewis & Clark Library, 120 S. Last Chance Gulch in Helena.

“While researchers have learned a great deal about the origins of the first people to call this region home, questions remain about which route or routes they took and when they made this journey,” said the Montana Historical Society about the book talk.

The organization also said the Original Governor’s Mansion will be open for free guided tours at noon, 1 p.m., 2 p.m. and 3 p.m. on Thursday, Dec. 26, and on Saturday, Dec. 28.

“The Queen Anne-Style mansion will be decorated for the holiday season through the weekend with surprises for visitors of all ages,” said the announcement.

For more information, contact Darby Bramble at [email protected].

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Montana Ag Network: Sleigh ride season kicks off in Montana

Published

1 day ago

December 25, 2024

Press Room

Montana Ag Network: Sleigh ride season kicks off in Montana

On a frosty morning in late December, Marce Hoffman backs two huge draft horses out of a barn at the historic 320 Ranch south of Big Sky.

“Step up, step up,” Hoffman instructs the horses as he maneuvers them toward a waiting sled. It’s time to take the animals out for a turn on a trail they’ll know well by the end of the winter season. They’ll tread the path up to seven days a week during the holidays and five days a week after that. The animals strain in their harnesses, eager to pull and run.

“They’re fresh. They won’t be fresh come New Year’s, though; they’ll be all muscled up, ready to go,” said Hoffman.

MTN News

The 320 has a long history. It was homesteaded as two separate ranches more than 125 years ago.

“1912 they combined them to form 320 acres That’s how the ranch became known as the 320,” explained Hoffman as he practiced the history lesson he gives while narrating the ride through the high, narrow valley the ranch is nestled in, just outside the boundary of Yellowstone National Park.

In 1936, Bozeman doctor Carolyn McGill purchased the ranch.

Hoffman said, “She fell in love with this area on different hunting trips, trips down into the Yellowstone Park.”

You might recognize McGill’s name from somewhere else.

“Caroline started the Museum of the Rockies in Bozeman; was actually called the McGill Museum when it first opened up,” said Hoffman.

Current owner Dave Bass purchased the ranch in 1985.

Hoffman explained that’s when the ranch really began to grow into a tourist Mecca. He said, “He (Bass) bought it up from a 20 gust capacity over 200 that we have today.” He pointed to cabins that drifted by, framed by the mountains and the Gallatin River. It’s the view guests get as they take a one-hour trail ride in the sleighs. Hoffman ticked off the sights: “You get to see Cinnamon Mountain, Burnt Top Mountain. We’ll be able to see the Spanish Peaks when we go along the Gallatin here. Looking back you’ve got a view of Monument.”

As he drives onto a flat, straight stretch of the trail, the horses get frisky. “These guys are gonna air out right here,” he cautioned, just as the horses break into a run. It demonstrated the challenge of managing big Percheron horses around guests.

“Our number one priority is keeping everybody safe. So we always have to be constantly looking at the equipment. As far as the people, probably the hardest part is herding them up and getting them on the sleighs,” Hoffman laughed as he allowed that it is probably harder to manage the passengers than the animals.

Sitting next to him, Head Wrangler Logan McDaniel said she enjoyed working at the ranch.

“I like, of course, to drive and work with the horses but also meeting people from all around the world. You get to meet people from all different parts of life, all kind of different places,” she said. “They’re here for vacation. You get to kind of realize a little bit of people’s life story. It’s pretty cool just to meet different people.”

And the horses?

Hoffman said, “We’re looking for good disposition, you know. We’re not looking for heavy pullers we’re just looking for horses that are pretty docile and easy-going horses. They’re not gonna win any pulling competitions here.”

But these workhorses are no slouches.

“We’ll pull 18 people no problem and these guys are big horses,” said Hoffman.

He said that translates to about 18 hands and nearly 2,000 pounds each. As the horses cool down after their workout, Hoffman wiped them down and explained how these animals cope with the harsh winters at the ranch.

“You know those horses are on hay, you know free choice grass hay and water. They do pretty well. We’ve got a lean-to for them to get out of the wind. But for the most part, you know, they’re pretty hearty animals,” he said.

By late afternoon, as dusk descends on the ranch, guests begin to wander toward a pair of the big sleighs. They board the blanket covered seats for a ride out to the other end of the valley where a wood-floored canvass tent awaits. It’s heated and features a bar serving snacks, hot cocoa, cider, and more. A fire crackles in a pit surrounded by seats outside. After a bit of rest, the passengers will climb back into the sleds for a ride back to the ranch restaurant.

Taking in the view around them, Hoffman and McDaniel reflected on their jobs. Hoffman said, “There’s a lot of people that never seen a horse or been around horses, so it’s a good opportunity to you know, to introduce them to the horses.”

McDaniel added, “It’s cool watching people fall in love with the horses. That’s why I kind of do this. It’s to see people fall in love with horses like I do.”

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