Senate Bill 402 amends Section 41-3-102 of the Montana Code Annotated to provide clearer definitions and processes for child abuse and neglect investigations. It introduces the term "case determination," which categorizes the department's conclusions into three classifications: substantiated, unsubstantiated, and unfounded. A "substantiated" determination indicates that child abuse or neglect occurred based on a preponderance of evidence, while "unfounded" means there is no supporting evidence, and "unsubstantiated" signifies that the evidence is inconclusive. This new legal language aims to streamline the investigation process and clarify the outcomes of such investigations.

The bill also makes several deletions to existing definitions related to abandonment, child welfare responsibilities, and the criteria for determining child abuse or neglect. These changes are intended to refine the legal framework surrounding child protection, ensuring that definitions are more precise and relevant to current practices. Additionally, the bill emphasizes family engagement in treatment plans and placement decisions, outlining the department's responsibilities in providing protective services. Overall, the goal of the bill is to enhance the effectiveness of child welfare investigations and prioritize the best interests 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