MontanaMontana proposal would require warrants before most child removals
This proposal, which died in committee, would generally require officials to get a court warrant before removing a child from home, with a narrow emergency exception.
What it does
Officials would generally need a court warrant to remove a child from home. They could act without one only if they have probable cause to believe physical or sexual abuse will occur before they can get it.
Argument forCourt review could help protect families from removal based only on an allegation, while allowing officials to act at once when likely physical or sexual abuse cannot wait.
Argument againstA child in danger that does not involve likely physical or sexual abuse before a warrant is obtained could remain at home while officials seek court approval.
More detail
A child protection specialist, peace officer, or county attorney may ask a district court for a warrant to remove a child; the court must issue it if there is probable cause. The process covers child protection specialists, peace officers, and county attorneys seeking to place a child in a protective facility. The application must be sworn and explain why removal is needed to prevent abuse or neglect. The warrant must name the child and the person who will remove them, state the facts supporting removal, and provide for the child's placement until an emergency hearing. Officials may remove a child without a warrant only if they have probable cause to believe the child will face physical or sexual abuse while they obtain one. A warrant may be served at any time, but becomes void if not served within 10 days. Only the person named in it may serve it, unless another person helps while present.
Where do you stand?
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Where it stands
- Introduced
- Died
Looking ahead
No hearings or votes scheduled.
History
- 2025
- May 23(H) Died in CommitteeDied
- Apr 10(H) Tabled in Committee - (H) AppropriationsMinor
- Vote recorded to_table. Result: pass.Lower
- Apr 10(H) Hearing - (H) Appropriations
- Apr 9(H) Rereferred to Committee - (H) AppropriationsMinor
- Vote recorded Do Concur. Result: pass.Lower
- Apr 9(H) 2nd ReadingMinor
- Apr 9(H) Scheduled for 2nd ReadingMinor
- Apr 4(H) Committee Report - (H) Judiciary
- Apr 3(H) Committee Executive Action - (H) Judiciary
- Vote recorded be_concurred_in. Result: pass.Lower
- Mar 28(H) Hearing - (H) Judiciary
- Mar 1(H) 1st Reading
- Mar 1(H) Referred to Committee - (H) JudiciaryMinor
- Feb 28(S) Transmitted to House
- Vote recorded Do Pass. Result: pass.Upper
- Feb 28(S) 3rd Reading
- Feb 28(S) Scheduled for 3rd ReadingMinor
- Feb 26(S) Committee Report - (S) Finance and Claims
- Feb 25(S) Committee Executive Action - (S) Finance and Claims
- Vote recorded do_pass. Result: pass.Upper
- Feb 21(S) Hearing - (S) Finance and Claims
- Feb 19(S) Rereferred to Committee - (S) Finance and ClaimsMinor
- Vote recorded Do Pass As Amended. Result: pass.Upper
- Vote recorded AMD-SB0050.002.001 Lenz D/PASS. Result: pass.Upper
- Feb 19(S) 2nd ReadingMinor
- Feb 19(S) 2nd Reading Motion to AmendMinor
- Feb 19(S) Scheduled for 2nd ReadingMinor
- Feb 15(S) Committee Report - (S) Public Health, Welfare and Safety
- Feb 15(S) Committee Executive Action - (S) Public Health, Welfare and Safety
- Feb 14
- Vote recorded do_pass_as_amended. Result: pass.Upper
- Jan 16(S) Hearing - (S) Public Health, Welfare and Safety
- Jan 10(S) Hearing Canceled - (S) Public Health, Welfare and Safety
- Jan 8(S) Fiscal Note Printed
- Jan 7(S) Referred to Committee - (S) Public Health, Welfare and SafetyMinor
- Jan 6(S) 1st Reading
- Jan 1(S) Fiscal Note ReceivedMinor
- 2024
- Dec 18(S) Fiscal Note Requested
- Dec 13(S) Introduced
- Dec 13(LC) Draft Delivered to Requester
- Dec 12(LC) Draft Delivered to Requester
- Dec 5(LC) Draft Ready for Delivery
- Dec 4(LC) Draft in Assembly
- Dec 3(LC) Draft in Final Drafter Review
- Dec 2(LC) Draft in Input/Proofing
- Nov 20(LC) Draft in Edit
- Nov 20(LC) Draft in Legal Review
- Nov 1(LC) Drafter AssignedIntroduced
Public SafetyCriminal Justice