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Committee weighs bill requiring warrant before child removal except in emergencies; department says emergencies covered
Summary
Senate Bill 50 would require Child Protective Services to obtain a court warrant before removing a child from a home except when the child faces imminent and apparent danger that cannot be averted while obtaining a warrant, the sponsor told the House Judiciary Committee.
Sen. Daniel Emmerich, R‑Great Falls, opened the House Judiciary hearing on Senate Bill 50, a bill that would require child‑protective services to obtain a court warrant before removing a child from a home except in exigent circumstances and would require an abuse and neglect petition to be filed within a specified timeframe.
The sponsor said the bill, as amended in the Senate, defines “imminent and apparent danger” as “immediately observable and about to happen” and codifies that CPS may not remove a child without a warrant unless the child is likely to experience that danger in the time required to obtain a warrant. Emmerich said he worked with the department on the definition so the department retained latitude to protect children in emergency situations.
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