The bill amends the definition of "child abuse or neglect" in Montana law by revising the criteria for what constitutes physical or psychological harm to a child. It removes specific conditions that previously defined abandonment and child abuse, such as the requirement for actual harm or substantial risk of harm, and various forms of neglect. The new language clarifies that voluntary surrender of a child to the department due to parental inability to access publicly funded services does not constitute abandonment. Furthermore, the bill emphasizes that a finding of child abuse or neglect cannot be based solely on a parent's religious beliefs regarding healthcare.

Additionally, the bill introduces new legal language that specifies factors like substance use by a parent, a child's obesity, disorderly living conditions, or other socioeconomic-related issues do not alone constitute physical or psychological harm. While it retains some existing definitions, such as "child" or "youth" as individuals under 18 years of age, it aims to provide a more nuanced understanding of child welfare. By amending Section 41-3-102 of the Montana Code Annotated, the bill seeks to refine the legal framework surrounding child welfare, ensuring that interventions are appropriate and reflective of current societal values.

Statutes affected:
LC Text: 41-3-102
SB0018_1(1): 41-3-102
SB0018_1(2): 41-3-102
SB0018_1(3): 41-3-102
SB0018_1(4): 41-3-102
SB0018_1(5): 41-3-102
SB0018_1(6): 41-3-102
SB0018_1: 41-3-102
SB0018_2: 41-3-102
SB0018_X(1): 41-3-102
SB0018_X(10): 41-3-102
SB0018_X(11): 41-3-102
SB0018_X(2): 41-3-102
SB0018_X(3): 41-3-102
SB0018_X(4): 41-3-102
SB0018_X(5): 41-3-102
SB0018_X(6): 41-3-102
SB0018_X(7): 41-3-102
SB0018_X(8): 41-3-102
SB0018_X(9): 41-3-102
SB0018_X: 41-3-102