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 when the Department of Child and Family Services receives a report of child abuse or neglect, it must assess the situation and determine the necessary level of response. Notably, the bill introduces new language stating that emergency protective services may be provided if the child is in "immediate or imminent danger of harm." Additionally, it clarifies the reporting requirements for allegations of sexual abuse or exploitation, particularly when the alleged perpetrator is 12 years or older, and outlines the procedures for safety and risk assessments.

In section 41-3-301, the bill modifies the language regarding the removal of a child from a dangerous situation, replacing "apparent" with "imminent" danger of harm. The bill also emphasizes the importance of notifying parents or guardians about the reasons for removal and their rights during the process. Furthermore, it mandates that if a child is removed, an affidavit detailing the circumstances must be submitted to the county attorney and the office of the state public defender. Overall, the bill seeks to enhance the protection of children in potentially harmful situations while ensuring that families are informed and involved in the 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(4): 41-3-202, 41-3-301
SB0230_1(5): 41-3-202, 41-3-301
SB0230_1: 41-3-202, 41-3-301