Criminal Justice (Children)

This bill requires that child protection specialists, peace officers, or county attorneys obtain a court warrant before removing a child from their home, except in cases of imminent risk of sexual or physical abuse where waiting for a warrant would be too dangerous. The law mandates that an abuse and neglect petition be filed within 72 hours after an emergency removal, and warrants must be executed within 10 days of issuance. Additionally, the bill establishes a voluntary registry to notify close relatives when a child is removed from their home and updates state policy to emphasize that forced removal should only occur when there is reasonable cause to suspect imminent harm.

Senate Joint Resolution 36 (SJ 36) requests an interim study on standardizing the prosecution of dependent neglect and child abuse cases in Montana. The study will evaluate the feasibility of expanding the Department of Justice's Child Protection Unit to handle these cases statewide. This aims to address inconsistencies in how these cases are currently handled across different judicial districts. The goal is to improve outcomes for children, ensure due process for all parties, and enhance the overall effectiveness and fairness of Montana's child welfare system. The final results of this study will be reported to the 70th Legislature.