This bill seeks to revise Montana's child abuse and neglect laws to enhance child protection while ensuring due process for families. A key provision requires a warrant for the removal of a child from their home, except in exigent circumstances where immediate action is necessary to prevent abuse or neglect. The bill outlines the process for obtaining such a warrant, emphasizing the need for probable cause and specific details. It also revises definitions related to child abuse and neglect, clarifying that certain conditions, such as a parent's substance use or a child's obesity, do not alone constitute harm. Additionally, the bill establishes a registry for relatives of removed children and mandates that the department's training and policies comply with constitutional standards.

Further amendments streamline the emergency protective services process, reducing the timeline for hearings and ensuring that parents are notified of the reasons for a child's removal. The bill emphasizes the department's responsibility to make reasonable efforts to prevent removals and to facilitate family reunification. It modifies the criteria for dismissing abuse and neglect petitions and requires detailed documentation for emergency protective services. The court is mandated to consider parents' statements and provide a factual basis for its findings when ordering child removal. Overall, the bill aims to balance child safety with family rights, ensuring that the legal framework supports both child welfare and parental involvement in the process.

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