Bill > SB229

This bill modifies the temporary investigative authority of the Montana Department of Public Health and Human Services (DPHHS) in child abuse and neglect cases by explicitly prohibiting the department from removing a child under its temporary investigative authority. Currently, when the department wants to investigate allegations of child abuse, neglect, or abandonment, it can petition the court for authorization, which can last up to 90 days. The new bill clarifies that while DPHHS can still conduct investigations, it cannot remove a child during this investigative period. If the department determines that a child needs to be removed, it must now follow a separate legal process by petitioning the court for immediate protection and emergency protective services, as outlined in section 41-3-427 of Montana law. This change appears designed to add an extra layer of judicial oversight to child removal decisions and prevent removals based solely on initial investigative findings.

Health and Social Services

https://bills.legmt.gov/#/laws/bill/2/LC1830