Montana draft would require warrants before most child removals

Officials would generally need a judge's warrant before removing a child from home. This applies to department child protection specialists, peace officers, and county attorneys removing a child from home. A judge could issue a warrant after finding probable cause that removal is needed to prevent abuse or neglect. Officials could remove a child without a warrant only if they have probable cause to believe the child is likely to face sexual or physical abuse while they seek one. The warrant rule appears in section 6, which the text schedules to take effect July 1, 2027.

A judge would weigh the risks of leaving a child at home against the harm of removal and explain removal findings in writing. These rules apply when a court considers whether to remove a child from home. The judge would consider likely emotional harm, family ties, schooling and social relationships, services and activities, and efforts to keep the family together. The text schedules this provision to take effect July 1, 2025.

The draft definition says certain circumstances alone do not count as physical or psychological harm to a child. This definition applies to child abuse and neglect proceedings under the chapter. The listed circumstances are a parent's substance use, disorderly living conditions, factors closely related to economic status, and a child's obesity. Other facts may still be considered in deciding whether a child has been harmed. The text gives this definition an effective date of July 1, 2025.