Senate Bill No. introduced by D. Emrich seeks to revise the affidavit process utilized by the Department of Public Health and Human Services in child abuse and neglect cases. The bill requires the department to include disposition information for any referenced criminal cases in its affidavit, ensuring that the information is verified and current at the time of filing. Additionally, it eliminates the previous requirement for the department to attach certain documents to the affidavit. The amendments to sections 41-3-422 and 41-3-437 of the Montana Code Annotated aim to streamline the filing process for abuse and neglect petitions, emphasizing the inclusion of all relevant information that may contradict the allegations.

Moreover, the bill enhances the intervention rights of foster parents, preadoptive parents, and relatives in custody proceedings, allowing them to participate in court actions deemed in the child's best interests. It mandates that these caregivers receive written notice of their rights to intervene and participate in hearings. The bill also establishes a timeline for adjudication, requiring hearings to occur within 90 days of a show cause hearing, and clarifies the evidence needed for adjudication. By removing outdated language regarding the adjudication timeline and evidence requirements, the bill aims to improve the efficiency and effectiveness of the child welfare legal process while safeguarding the rights of parents and guardians.

Statutes affected:
LC Text: 41-3-422, 41-3-437
SB0231_1(1): 41-3-422, 41-3-437
SB0231_1(2): 41-3-422, 41-3-437
SB0231_1(3): 41-3-422, 41-3-437
SB0231_1(4): 41-3-422, 41-3-437
SB0231_1(5): 41-3-422, 41-3-437
SB0231_1(6): 41-3-422, 41-3-437
SB0231_1: 41-3-422, 41-3-437
SB0231_2(1): 41-3-422, 41-3-437
SB0231_2(10): 41-3-422, 41-3-437
SB0231_2(11): 41-3-422, 41-3-437
SB0231_2(12): 41-3-422, 41-3-437
SB0231_2(2): 41-3-422, 41-3-437
SB0231_2(3): 41-3-422, 41-3-437
SB0231_2(4): 41-3-422, 41-3-437
SB0231_2(5): 41-3-422, 41-3-437
SB0231_2(6): 41-3-422, 41-3-437
SB0231_2(7): 41-3-422, 41-3-437
SB0231_2(8): 41-3-422, 41-3-437
SB0231_2(9): 41-3-422, 41-3-437
SB0231_2: 41-3-422, 41-3-437