This bill aims to revise existing child abuse and neglect laws by introducing several key changes. Notably, it mandates that a warrant is required to remove a child from their home, except in exigent circumstances, thereby strengthening legal protections for families. The bill also revises the definitions of "child abuse or neglect" and "reasonable efforts," updates the timeframe for filing abuse and neglect petitions following a child's removal, and establishes a new timeframe for conducting emergency protective services hearings. Additionally, it modifies the requirements for dismissing an abuse and neglect petition, ensuring a more structured legal process.

The bill amends multiple sections of the Montana Code Annotated (MCA), specifically sections 41-3-101, 41-3-102, 41-3-301, 41-3-306, 41-3-423, 41-3-424, 41-3-425, and 41-3-427. These amendments reflect a comprehensive approach to improving the legal framework surrounding child welfare, emphasizing the importance of due process and timely intervention in cases of suspected abuse or neglect. The bill also includes provisions for effective dates and a termination date, ensuring that the changes are implemented in a timely manner.

Statutes affected:
HB0037_1.pdf: 41-3-101, 41-3-102, 41-3-205, 41-3-301, 41-3-306, 41-3-423, 41-3-424, 41-3-425, 41-3-427
HB0037_2.pdf: 41-3-101, 41-3-102, 41-3-205, 41-3-301, 41-3-306, 41-3-423, 41-3-424, 41-3-425, 41-3-427
Amended: 41-3-101, 41-3-102, 41-3-205, 41-3-301, 41-3-306, 41-3-423, 41-3-424, 41-3-425, 41-3-427
Introduced: 41-3-101, 41-3-102, 41-3-205, 41-3-301, 41-3-306, 41-3-423, 41-3-424, 41-3-425, 41-3-427