Bill > SB259

This bill revises Montana's child safety laws by clarifying the conditions under which child protective services and law enforcement can remove a child from their home. The bill introduces a specific definition of "imminent danger" as a certain, immediate, and impending situation where the chance of serious injury or death is highly probable. Importantly, the bill specifies that a parent's disability, parenting skills that might be considered neglect, or a positive drug test alone do not constitute imminent danger. The legislation outlines a process for child removal that prioritizes keeping families together when possible, requiring reasonable efforts to prevent removal and mandating an investigation before taking a child from their home. If removal is necessary, the bill requires notification to parents within a short timeframe, including reasons for removal and information about legal hearings. Additionally, the bill introduces a provision that if body camera footage is used during a child's removal, law enforcement must provide copies to the judge and family to prove that delaying removal would have jeopardized the child's safety. The changes aim to balance child protection with preserving family integrity and ensuring due process.

Health and Social Services

https://bills.legmt.gov/#/laws/bill/2/LC1651