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 serious injury or death. Additionally, the bill outlines the responsibilities of child protection specialists, peace officers, and county attorneys in cases of imminent danger, including the ability to remove a child from a harmful environment and the requirement to notify parents or guardians about the removal and related hearings.

The bill also introduces several procedural changes, such as allowing child protective services and law enforcement to act in protecting a child when imminent danger is present, and requiring them to make reasonable efforts to prevent removal in the absence of imminent danger. It mandates that if body camera footage is used during a child's removal, copies must be provided to the judge and family representatives by the initial hearing. Furthermore, the bill clarifies that a parent's disability or parenting skills alone do not constitute imminent danger, ensuring that the focus remains on the child's immediate safety.

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