Montana legislation · 2025 Regular Session
Montana SB50: Generally revise laws related to child abuse and neglect investigations
Status: Failed, May 23, 2025
What the bill says
A bill for an act entitled: "an act revising laws related to the removal of a child from the child's home; requiring a warrant to remove a child from the child's home except in exigent circumstances; requiring an abuse and neglect petition to be filed within 72 hours 5 working days of the emergency removal of a child; and amending sections 41-3-101, 41-3-102, 41-3-301, and 41-3-423, mca; and providing a delayed effective date.".
From the engrossed text:
A BILL FOR AN ACT ENTITLED: "AN ACT REVISING LAWS RELATED TO THE REMOVAL OF A CHILD FROM THE CHILD'S HOME; REQUIRING A WARRANT TO REMOVE A CHILD FROM THE CHILD'S HOME EXCEPT IN EXIGENT CIRCUMSTANCES; REQUIRING AN ABUSE AND NEGLECT PETITION TO BE FILED WITHIN 72 HOURS 5 WORKING DAYS OF THE EMERGENCY REMOVAL OF A CHILD; AND AMENDING SECTIONS 41-3-101, 41-3-102, 41-3-301, AND 41-3-423, MCA; AND PROVIDING A DELAYED EFFECTIVE DATE." BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA: NEW SECTION. Section 1. Warrant to remove child. (1) A child protection specialist of the department, a peace officer, or a county attorney may apply, in writing, by telephone, or electronically, on oath or affirmation, to a district court within the state for the issuance of a warrant to remove a child from the child's home and place the child in a protective facility if necessary to prevent the child from being abused or neglected. (2) A warrant may be issued in writing, by telephone, or electronically. (3) If the court finds from the application that there is probable cause that removal is necessary to prevent the child from being abused or neglected, the court shall issue a warrant to remove the child. The warrant (b) recite the facts on which the conclusion that the child …
Sponsors
- Emrich, Daniel (R, 11) · primary sponsor
- Howell, SJ (D, 100)
Latest actions
- : (H) Died in Committee
- : (H) Tabled in Committee
- : (H) Hearing
- : (H) Rereferred to Committee
- : (H) 2nd Reading
- : (H) Scheduled for 2nd Reading
- : (H) Committee Report
- : (H) Committee Executive Action
- : (H) Hearing
- : (H) 1st Reading
Votes
- Do Concur (April 9, 2025): 93 yea, 3 nay, passed
- Do Pass (February 28, 2025): 48 yea, 1 nay, passed
- Do Pass As Amended (February 19, 2025): 45 yea, 4 nay, passed
- AMD-SB0050.002.001 Lenz D/PASS (February 19, 2025): 48 yea, 1 nay, passed
Subjects: Minors, Courts, Family Law
Common questions
- What is SB50?
- SB50 is a bill in the Montana Legislature (2025 Regular Session): Generally revise laws related to child abuse and neglect investigations.
- What does SB50 do?
- In its own words: A bill for an act entitled: "an act revising laws related to the removal of a child from the child's home; requiring a warrant to remove a child from the child's home except in exigent circumstances; requiring an abuse and neglect petition to be filed within 72 hours 5 working days of the emergency removal of a child; and amending sections 41-3-101, 41-3-102, 41-3-301, and 41-3-423, mca; and providing a delayed effective date.".
- What is the status of SB50?
- Failed as of May 23, 2025. Latest action: (H) Died in Committee (May 23, 2025).
- Who sponsored SB50?
- Emrich, Daniel (R, 11), with 1 co-sponsor.
- Where is the official record for SB50?
- On the Montana Legislature website: https://bills.legmt.gov/#/laws/bill/2/LC0727
Source: official Montana record. Tracked by Delilah, AI for legislation across all 50 states and Congress.