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 a requirement that emergency protective services can only be provided if the child is in "immediate or imminent danger of harm." Additionally, it clarifies the reporting obligations when allegations of sexual abuse or exploitation are involved, particularly when the alleged perpetrator is 12 years of age or older.

In section 41-3-301, the bill modifies the language regarding the removal of a child from a dangerous situation, replacing "apparent" with "imminent" to emphasize the urgency of the child's safety. The bill also outlines the notification process for parents or guardians when a child is removed, ensuring they are informed of the reasons for removal and their rights regarding hearings. Furthermore, it mandates that the department must provide services to protect the child from potential harm due to partner or family member assault within the household. Overall, the bill seeks to enhance the protective measures for children in potentially harmful situations while ensuring that families are kept 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