Senate Bill No. introduced by D. Emrich aims to revise the standards for providing emergency protective services in child abuse and neglect proceedings by amending sections 41-3-202 and 41-3-301 of the Montana Code Annotated (MCA). The bill specifies that upon receiving a report of child abuse or neglect, the department must assess the information and determine the necessary response and timeframe. Notably, it introduces a requirement that emergency protective services can only be provided if the child is in "immediate or imminent danger of harm." Additionally, the bill clarifies the reporting obligations when allegations of sexual abuse or exploitation are involved, particularly when the alleged perpetrator is 12 years or older, and outlines the conditions under which the department may refrain from reporting if the victim is 14 or older and has sought confidential services.

Furthermore, the bill modifies the language regarding the removal of a child from a dangerous situation, replacing "apparent" danger with "imminent" danger, thereby tightening the criteria for intervention. It also emphasizes the importance of notifying parents or guardians about the removal and the reasons behind it, as well as their rights during the process. The bill mandates that a child protection specialist must submit an affidavit regarding the circumstances of any emergency removal and ensures that a show cause hearing is held within 20 days of filing a petition for immediate protection. Overall, the bill seeks to enhance the safety and welfare of children while ensuring that families are informed and involved in the protective process.

Statutes affected:
LC Text: 41-3-202, 41-3-301
SB0230_1(1): 41-3-202, 41-3-301
SB0230_1(2): 41-3-202, 41-3-301
SB0230_1(3): 41-3-202, 41-3-301
SB0230_1: 41-3-202, 41-3-301