This bill seeks to enhance the protection of children in Montana by revising child abuse and neglect laws, particularly focusing on the removal of children from their homes. A key provision requires a warrant for such removals, except in exigent circumstances where immediate action is necessary to prevent harm. The bill outlines the process for obtaining a warrant, emphasizing the need for probable cause and specific details regarding the child and the circumstances. It also revises definitions related to child abuse and neglect, ensuring alignment with constitutional standards, and mandates that the Department of Public Health and Human Services comply with these legal requirements in their training and policies.

Additionally, the bill modifies existing laws concerning emergency protective services and the provision of preservation and reunification services for families. It specifies that a child protection specialist, peace officer, or county attorney cannot remove a child without a warrant unless there is probable cause of imminent risk of abuse. The bill also streamlines the notification process for parents or guardians regarding their child's removal and outlines the department's responsibilities to make reasonable efforts to prevent such removals. Furthermore, it introduces new legal language requiring courts to articulate the factual basis for child removal decisions and establishes timelines for hearings related to emergency protective services. The act is set to take effect on July 1, 2025, with certain provisions 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