The proposed bill seeks to enhance Montana's child abuse and neglect laws by implementing stricter protocols for the removal of children from their homes. It requires that a warrant be obtained for child removal, except in cases of imminent risk of abuse or neglect. The bill revises definitions related to child abuse and neglect, establishes new procedures for executing warrants, and emphasizes the importance of family unity. Key amendments include the requirement for court warrants prior to removal, the introduction of specific timeframes for filing petitions and conducting hearings, and the establishment of a registry for relatives of removed children. Additionally, it mandates training for department staff to ensure compliance with constitutional requirements, thereby reinforcing the rights of children and families.

Further amendments focus on the emergency protective services process, stipulating that a child protection specialist, peace officer, or county attorney can only remove a child without a warrant if there is probable cause of immediate risk of abuse. The bill also reduces the timeframe for emergency hearings from five to three days, ensures parental representation during these hearings, and outlines the department's obligation to make reasonable efforts to prevent removals and facilitate family reunification. It modifies the criteria for dismissing abuse and neglect petitions and introduces new provisions for immediate protection petitions, including the requirement for courts to articulate the factual basis for their findings. The bill is set to take effect on July 1, 2025, with certain sections effective on July 1, 2027, and others terminating on June 30, 2027.

Statutes affected:
LC Text: 41-3-101, 41-3-102, 41-3-301, 41-3-306, 41-3-307, 41-3-423, 41-3-424, 41-3-427