Senate Bill 402 amends Section 41-3-102 of the Montana Code Annotated to clarify definitions and processes related to investigations of reported child abuse or neglect. The bill introduces the term "case determination," which categorizes findings as "substantiated," "unsubstantiated," or "unfounded." A case is deemed "substantiated" if there is a preponderance of evidence supporting the occurrence of abuse or neglect, while "unfounded" indicates a lack of evidence, and "unsubstantiated" reflects an inability to determine the occurrence based on available evidence. The bill also retains and clarifies existing definitions related to child welfare, such as "abandonment" and "adequate health care," while removing outdated language that may have caused confusion.

Furthermore, the bill emphasizes the protection of children's best interests while respecting the rights of parents and guardians. It explicitly states that findings of child abuse or neglect cannot be based solely on a parent's religious beliefs regarding health care, although state intervention is permitted when there is a substantial risk of serious harm to the child. By streamlining the investigation process and enhancing the clarity of legal definitions, SB 402 aims to improve the effectiveness of child welfare investigations and ensure that the safety and rights of children are prioritized.

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: 41-3-102