The bill amends the definition of "child abuse or neglect" in Montana law by refining the criteria for what constitutes physical or psychological harm to a child. It removes several previous factors from the definitions, including criteria for abandonment and the definitions of a person responsible for a child's welfare. Notably, the bill clarifies that voluntarily surrendering a child to the department due to a parent's inability to access publicly funded services does not equate to abandonment. Furthermore, it specifies that a finding of child abuse or neglect cannot be based solely on a parent's religious beliefs regarding healthcare.

In addition to these changes, the bill introduces new language that states factors such as substance use by a parent or guardian, a child's obesity, disorderly living conditions, or other economic-related factors do not alone constitute physical or psychological harm. The bill retains existing definitions related to child welfare while emphasizing the need to evaluate the overall context of a child's situation rather than relying on specific conditions that may not indicate harm. By amending Section 41-3-102 of the Montana Code Annotated, the bill aims to enhance the legal framework surrounding child protection, ensuring that interventions are appropriate and justified.

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(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