Bill Summary – FastDemocracy

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68th Legislature 2023                                                                                               SB 113.1
                                                SENATE BILL NO. 113
                                              INTRODUCED BY D. LENZ
  3
  A BILL FOR AN ACT ENTITLED: “AN ACT REVISING CHILD ABUSE AND NEGLECT LAWS TO MAKE
  PERMANENT THE REQUIREMENT THAT ADDITIONAL NOTIFICATIONS BE PROVIDED TO A PARENT OR
  LEGAL GUARDIAN FROM WHOM A CHILD IS REMOVED; AMENDING SECTION 41-3-301, MCA; AND
  PROVIDING AN EFFECTIVE DATE.”
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  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
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          Section 1. Section 41-3-301, MCA, is amended to read:
          "41-3-301.   (Temporary) Emergency protective service. (1) Any child protection specialist of the
  department, a peace officer, or the county attorney who has reason to believe any child is in immediate or
  apparent danger of harm may immediately remove the child and place the child in a protective facility. After
  ensuring that the child is safe, the department may make a request for further assistance from the law
  enforcement agency or take appropriate legal action. The person or agency placing the child shall notify the
  parents, parent, guardian, or other person having physical or legal custody of the child of the placement at the
  time the placement is made or as soon after placement as possible. Notification under this subsection must:
          (a)      include the reason for removal;
          (b)      include information regarding the option for an emergency protective services hearing within 5
  days under 41-3-306, the required show cause hearing within 20 days, and the purpose of the hearings;
          (c)      provide contact information for the child protection specialist, the child protection specialist's
  supervisor, and the office of state public defender; and
          (d)      advise the parents, parent, guardian, or other person having physical or legal custody of the
  child that the parents, parent, guardian, or other person:
          (i)      has the right to receive a copy of the affidavit as provided in subsection (6);
          (ii)     has the right to attend and participate in an emergency protective services hearing, if one is
  requested, and the show cause hearing, including providing statements to the judge;
                                                                -1-                      Authorized Print Version – SB 113
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68th Legislature 2023                                                                                                  SB 113.1
             (iii)   may have a support person present during any in-person meeting with the child protection
  specialist concerning emergency protective services; and
             (iv)    may request that the child be placed in a kinship foster home as defined in 52-2-602.
             (2)     If a child protection specialist, a peace officer, or the county attorney determines in an
  investigation of abuse or neglect of a child that the child is in danger because of the occurrence of partner or
  family member assault, as provided for in 45-5-206, or strangulation of a partner or family member, as provided
  for in 45-5-215, against an adult member of the household or that the child needs protection as a result of the
  occurrence of partner or family member assault or strangulation of a partner or family member against an adult
  member of the household, the department shall take appropriate steps for the protection of the child, which may
  include:
             (a)     making reasonable efforts to protect the child and prevent the removal of the child from the
  parent or guardian who is a victim of alleged partner or family member assault or strangulation of a partner or
  family member;
             (b)     making reasonable efforts to remove the person who allegedly committed the partner or family
  member assault or strangulation of a partner or family member from the child's residence if it is determined that
  the child or another family or household member is in danger of partner or family member assault or
  strangulation of a partner or family member; and
             (c)     providing services to help protect the child from being placed with or having unsupervised
  visitation with the person alleged to have committed partner or family member assault or strangulation of a
  partner or family member until the department determines that the alleged offender has met conditions
  considered necessary to protect the safety of the child.
             (3)     If the department determines that an adult member of the household is the victim of partner or
  family member assault or strangulation of a partner or family member, the department shall provide the adult
  victim with a referral to a domestic violence program.
             (4)     A child who has been removed from the child's home or any other place for the child's
  protection or care may not be placed in a jail.
             (5)     The department may locate and contact extended family members upon placement of a child in
  out-of-home care. The department may share information with extended family members for placement and
                                                                 -2-                      Authorized Print Version – SB 113
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68th Legislature 2023                                                                                               SB 113.1
  case planning purposes.
           (6)     If a child is removed from the child's home by the department, a child protection specialist shall
  submit an affidavit regarding the circumstances of the emergency removal to the county attorney and provide a
  copy of the affidavit to the parents or guardian, if possible, within 2 working days of the emergency removal. An
  abuse and neglect petition must be filed within 5 working days, excluding weekends and holidays, of the
  emergency removal of a child unless arrangements acceptable to the agency for the care of the child have
  been made by the parents or a written prevention plan has been entered into pursuant to 41-3-302.
           (7)     Except as provided in the federal Indian Child Welfare Act, if applicable, a show cause hearing
  must be held within 20 days of the filing of the petition unless otherwise stipulated by the parties pursuant to 41-
  3-434.
           (8)     If the department determines that a petition for immediate protection and emergency protective
  services must be filed to protect the safety of the child, the child protection specialist shall interview the parents
  of the child to whom the petition pertains, if the parents are reasonably available, before the petition may be
  filed. The district court may immediately issue an order for immediate protection of the child.
           (9)     The department shall make the necessary arrangements for the child's well-being as are
  required prior to the court hearing. (Terminates June 30, 2023--sec. 8, Ch. 529, L. 2021.)
           41-3-301. (Effective July 1, 2023) Emergency protective service. (1) Any child protection specialist
  of the department, a peace officer, or the county attorney who has reason to believe any child is in immediate
  or apparent danger of harm may immediately remove the child and place the child in a protective facility. After
  ensuring that the child is safe, the department may make a request for further assistance from the law
  enforcement agency or take appropriate legal action. The person or agency placing the child shall notify the
  parents, parent, guardian, or other person having physical or legal custody of the child of the placement at the
  time the placement is made or as soon after placement as possible. Notification under this subsection must:
           (a)     include the reason for removal;
           (b)     include information regarding the emergency protective services and show cause hearings
  emergency protective services hearing within 5 days under 41-3-306, the required show cause hearing within
  20 days, and the purpose of the hearings; and
           (c)     provide contact information for the child protection specialist, the child protection specialist's
                                                                -3-                      Authorized Print Version – SB 113
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68th Legislature 2023                                                                                                   SB 113.1
  supervisor, and the office of state public defender; and
             (c)(d)   advise the parents, parent, guardian, or other person having physical or legal custody of the
  child that the parents, parent, guardian, or other person:
             (i)      has the right to receive a copy of the affidavit as provided in subsection (6);
             (ii)     has the right to attend and participate in the emergency protective services hearing and the
  show cause hearing, including providing statements to the judge;
             (iii)    may have a support person present during any in-person meeting with the child protection
  specialist concerning emergency protective services; and
             (iv)     may request that the child be placed in a kinship foster home as defined in 52-2-602.
             (2)      If a child protection specialist, a peace officer, or the county attorney determines in an
  investigation of abuse or neglect of a child that the child is in danger because of the occurrence of partner or
  family member assault, as provided for in 45-5-206, or strangulation of a partner or family member, as provided
  for in 45-5-215, against an adult member of the household or that the child needs protection as a result of the
  occurrence of partner or family member assault or strangulation of a partner or family member against an adult
  member of the household, the department shall take appropriate steps for the protection of the child, which may
  include:
             (a)      making reasonable efforts to protect the child and prevent the removal of the child from the
  parent or guardian who is a victim of alleged partner or family member assault or strangulation of a partner or
  family member;
             (b)      making reasonable efforts to remove the person who allegedly committed the partner or family
  member assault or strangulation of a partner or family member from the child's residence if it is determined that
  the child or another family or household member is in danger of partner or family member assault or
  strangulation of a partner or family member; and
             (c)      providing services to help protect the child from being placed with or having unsupervised
  visitation with the person alleged to have committed partner or family member assault or strangulation of a
  partner or family member until the department determines that the alleged offender has met conditions
  considered necessary to protect the safety of the child.
             (3)      If the department determines that an adult member of the household is the victim of partner or
                                                                  -4-                      Authorized Print Version – SB 113
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68th Legislature 2023                                                                                               SB 113.1
  family member assault or strangulation of a partner or family member, the department shall provide the adult
  victim with a referral to a domestic violence program.
           (4)     A child who has been removed from the child's home or any other place for the child's
  protection or care may not be placed in a jail.
           (5)     The department may locate and contact extended family members upon placement of a child in
  out-of-home care. The department may share information with extended family members for placement and
  case planning purposes.
           (6)     If a child is removed from the child's home by the department, a child protection specialist shall
  submit an affidavit regarding the circumstances of the emergency removal to the county attorney and provide a
  copy of the affidavit to the parents or guardian, if possible, within 2 working days of the emergency removal. An
  abuse and neglect petition must be filed in accordance with 41-3-422 within 5 working days, excluding
  weekends and holidays, of the emergency removal of a child unless arrangements acceptable to the agency for
  the care of the child have been made by the parents or a written prevention plan has been entered into
  pursuant to 41-3-302.
           (7)     Except as provided in the federal Indian Child Welfare Act, if applicable, a show cause hearing
  must be held within 20 days of the filing of the petition unless otherwise stipulated by the parties pursuant to 41-
  3-434.
           (8)     If the department determines that a petition for immediate protection and emergency protective
  services must be filed to protect the safety of the child, the child protection specialist shall interview the parents
  of the child to whom the petition pertains, if the parents are reasonably available, before the petition may be
  filed. The district court may immediately issue an order for immediate protection of the child.
           (9)     The department shall make the necessary arrangements for the child's well-being as are
  required prior to the court hearing."
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           NEW SECTION. Section 2.        Effective date. [This act] is effective July 1, 2023.
                                                         - END -
                                                                -5-                      Authorized Print Version – SB 113
Statutes affected: 
SB0113_1.pdf: 41-3-301
SB0113_X.pdf: 41-3-301
Enrolled: 41-3-301
Introduced: 41-3-301