Bill would require warrants for most child removals; department says emergency removals unaffected

Senate Bill 50 would generally require Child Protective Services to obtain a warrant before removing a child from a home except when exigent circumstances make a warrant impracticable. Senator Daniel Emmerich said the bill includes a definition of “imminent and apparent danger” and was drafted with input from the department.

Proponents included Senator Dennis Lenz, who said the concept arose from interim committee work, and Denise Johnson of the Montana Child Protection Alliance, who cited state statistics showing Montana’s removal rate (7.2 per 1,000) is well above the national rate (2.8 per 1,000) and argued warrants provide judicial oversight that can reduce unnecessary trauma.

Nikki Grossberg, Division Administrator for Child and Family Services, testified as an informational witness that the bill preserves the ability to remove children in emergencies and aligns with the department’s safety model; she noted the bill would require implementation work (availability of civil judges, registry processes) and the bill contains a delayed effective date (July 2026) and an implementation year to address logistical challenges.

Committee members raised concerns about rural judge availability, potential redundancy with existing protective-service filings, and the shift in language for ‘imminent’ danger; the sponsor and department said the bill aims to improve oversight while keeping emergency protections in place.

The hearing closed with the sponsor noting prior bipartisan support and pointing to further study during the implementation window.