Bill > SB50

This bill revises laws related to child abuse and neglect investigations by establishing stricter requirements for removing children from their homes. Under the new provisions, child protection specialists, peace officers, or county attorneys must generally obtain a warrant from a court before removing a child, with only limited exceptions for situations of imminent and apparent danger. The bill defines "imminent and apparent danger" as something that is immediately observable and about to happen. When a warrant is required, the application must be made in writing, by telephone, or electronically, and must provide probable cause that removing the child is necessary to prevent abuse or neglect. The warrant must identify the specific child to be removed, explain the reasons for removal, and outline the child's potential placement. If a child is removed without a warrant due to imminent danger, an abuse and neglect petition must be filed within 5 working days. The bill also emphasizes that the department must continue making reasonable efforts to prevent family separation and support reunification, even when seeking a warrant for child removal. These changes aim to provide additional legal protections for families while maintaining the paramount goal of ensuring children's safety and well-being.

Budget and Finance, Health and Social Services, Justice

https://bills.legmt.gov/#/laws/bill/2/LC0727