Senate Bill 402 amends Section 41-3-102 of the Montana Code Annotated to enhance the clarity and efficiency of child abuse and neglect investigations. The bill introduces the term "case determination," which categorizes the outcomes of investigations into three classifications: "substantiated," "unsubstantiated," and "unfounded." A case is deemed "substantiated" if there is a preponderance of evidence supporting the occurrence of abuse or neglect, while it is "unfounded" if no evidence exists, and "unsubstantiated" if the evidence is inconclusive. This new legal language aims to streamline the investigation process and provide clearer outcomes for reported cases.

Additionally, the bill removes specific criteria related to abandonment, the roles of individuals responsible for a child's welfare, and various forms of abuse and neglect from existing definitions. It also clarifies that findings of child abuse or neglect cannot be based solely on a parent's religious beliefs regarding healthcare. By refining these definitions and establishing a structured approach to case determinations, the legislation seeks to improve the legal framework surrounding child welfare in Montana, ensuring that the processes for investigating and determining the outcomes of such cases are well-defined and effective.

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