Senate Bill No. introduced by J. Trebas aims to revise laws related to child safety by providing a clear definition of "imminent danger" and amending Section 41-3-301 of the Montana Code Annotated (MCA). The bill replaces the term "immediate or apparent danger of harm" with "imminent danger," which is defined as a situation where there is a high probability of an individual dying or being seriously injured. Additionally, the bill stipulates that if imminent danger is present and a parent cannot provide care, child protective services and law enforcement may take action to protect the child. It also emphasizes that absent imminent danger, efforts should be made to prevent the removal of the child before obtaining a court order.

Furthermore, the bill introduces several procedural requirements, including the necessity for law enforcement to provide body camera footage to the judge and family representatives during child removal cases. It mandates that parents or guardians be notified of the child's placement and their rights regarding hearings and support during the process. The bill also outlines the responsibilities of child protection specialists in cases of partner or family member assault, ensuring that appropriate steps are taken to protect the child while considering the safety of the adult victim. Overall, the bill seeks to enhance the protection of children while ensuring due process for parents and guardians involved in emergency protective services.

Statutes affected:
LC Text: 41-3-301
SB0259_1(1): 41-3-301
SB0259_1(2): 41-3-301
SB0259_1: 41-3-301