Vetoed by Governor Greg Gianforte

Vote Smart's Synopsis:

Vote to pass a bill that requires DPHHS to obtain a warrant before displacing a child from their home.

Highlights:

• Requires that a child not be removed from a family home unless there is a warrant from the court unless there is proof that the child would experience additional abuse if left where they are (Sec. 1). 

• Requires that department training is compliant with constitutional requirements (Sec. 3).

• Specifies that substance use, disorderly living conditions, other factors related to economic status, or factors relating to a child’s obesity do not contribute to a child's harm alone (Sec. 4). 

• Specifies that a child may not be removed from the home by a child protection specialists, peace officer, or a county attorney unless they have the prerequisite warrant or can prove that a child is likely to undergo physical or sexual abuse in the time that it would take to produce a warrant (Sec. 5). 

•  Specifies that a hearing will take place after the child's removal to determine if the removal should last beyond the emergency services hearing (Sec. 7).

• Specifies that the warrant to remove a child from the home does not preclude the DHHS from preventing the removal (Sec. 8). 

• Specifies that a petition to remove a child from the home can be dismissed once a hearing is commenced and the court confirms that the child is safe at home (Sec. 9). 

• Requires that this goes into effext on Jul 1, 2023 (Sec. 13).

Full Bill Text