Senate Bill No. introduced by D. Emrich aims to revise the temporary investigative authority of the Department of Public Health and Human Services in child abuse and neglect proceedings. The bill amends Section 41-3-433 of the Montana Code Annotated (MCA) to clarify that while the department can petition the court for temporary investigative authority to investigate allegations of child abuse, neglect, or abandonment, this authority does not extend to the removal of a child. The temporary investigative authority is limited to a maximum duration of 90 days.
The bill explicitly states that if the department seeks to remove a child, it must do so through a separate petition for immediate protection and emergency protective services, as outlined in existing law. This change emphasizes the protection of children by ensuring that their removal is not part of the temporary investigative process, thereby reinforcing the need for judicial oversight in such serious matters.
Statutes affected: LC Text: 41-3-433
SB0229_1(1): 41-3-433
SB0229_1(2): 41-3-433
SB0229_1(3): 41-3-433
SB0229_1(4): 41-3-433
SB0229_1: 41-3-433