Senate Bill 402 amends Section 41-3-102 of the Montana Code Annotated to enhance the clarity and effectiveness of child abuse and neglect investigations. The bill introduces the term "case determination," categorizing findings into three classifications: substantiated, unsubstantiated, and unfounded. A "substantiated" case indicates that child abuse or neglect occurred based on a preponderance of evidence, while "unfounded" signifies a lack of supporting evidence, and "unsubstantiated" refers to cases where evidence is insufficient for a determination. The bill retains existing definitions but removes outdated language concerning abandonment and child welfare responsibilities.

Furthermore, the bill maintains the definitions of "adequate health care" and "best interests of the child," ensuring that the state's authority to intervene in cases posing imminent risk to a child's health is preserved. By clarifying definitions related to child abuse and neglect, as well as outlining the roles of child protection specialists, the legislation aims to streamline the legal framework surrounding child welfare. This will facilitate more effective responses to allegations of abuse or neglect while prioritizing the safety and well-being of children.

Statutes affected:
LC Text: 41-3-102
SB0402_1(1): 41-3-102
SB0402_1(2): 41-3-102
SB0402_1(3): 41-3-102
SB0402_1(4): 41-3-102
SB0402_1: 41-3-102
SB0402_X(1): 41-3-102
SB0402_X(2): 41-3-102
SB0402_X: 41-3-102