Mont. Code Ann. § 41-3-101

(1) It is the policy of the state of Montana to:

(a) ensure that all youth are afforded an adequate physical provide for the protection of children whose health and emotional environment to promote normal development; welfare are or may be adversely affected by child abuse or neglect and further threatened by the conduct of those responsible for the children's care and protection;

(b) compel achieve these purposes in proper cases the a parent or guardian family environment of and a youth to perform preserve the moral unity and legal duty

(c) achieve these purposes in a family environment whenever possible; support the efforts of parents whose children have been removed to reunify the family, including by taking into account whether those efforts may be impeded by court-ordered support payments;

(d) preserve the unity and welfare ensure that there is no forced removal of a child from the family whenever possible; and based solely on an allegation of abuse or neglect unless the department has reasonable cause to suspect that the child is at imminent risk of harm;

(e) ensure recognize that there is a no forced removal of a child from is entitled to assert the family based solely on an unsubstantiated allegation of abuse or neglect. child's constitutional rights;

(f) ensure that all children have a right to a healthy and safe childhood in a permanent placement; and

(g) ensure that whenever removal of a child from the home is necessary, the child is entitled to maintain ethnic, cultural, and religious heritage whenever appropriate.

(2) It is intended that the policy mandatory reporting of this state to: abuse or endangerment cases by professional people and other community members to the appropriate authority will cause the protective services of the state to seek to prevent further abuses, protect and enhance the welfare of these children, and preserve family life whenever appropriate.

(a) protect, whenever possible, family unity;

(b) provide for the protection of children whose health and welfare are or may be adversely affected and further threatened by the conduct of those responsible for their care and protection;

(c) require a department social worker to interview the parents of a child to which a petition pertains, if they are reasonably available, before the state may file a petition for temporary investigative authority and protective services and to require that a judge may not issue an order granting the petition, except an order for immediate protection of the youth, until the parents, if they are reasonably available, are given the opportunity to appear before the judge or have their statements, if any, presented to the judge for consideration before an order is granted; and

(d) ensure that whenever removal of a child from the home is necessary, the child is entitled to maintain ethnic, cultural, and religious heritage whenever appropriate.

(3) It In implementing this chapter, whenever it is intended that necessary to remove a child from the mandatory reporting of child's home due to child abuse or endangerment cases by professional people and other community members to neglect, the appropriate authority will cause department shall, when it is in the protective services best interests of the state to seek to prevent further abuses, protect child, place and the enhance the welfare of these children, child in accordance with 41-3-450 and preserve family life whenever appropriate. 41-3-451. Prior to approving a placement, the department shall investigate whether anyone living in the home has been convicted of a crime involving serious harm to children.

(4) In implementing the policy of this section, whenever it is necessary to remove a child from the child's home, the department shall, when it is in the best interests of the child and when the home is approved by the department, place the child with the child's extended family, including adult siblings, grandparents, great-grandparents, aunts, and uncles, prior to placing the child in an alternative protective or residential facility. Prior to approving a home, the department shall investigate whether anyone living in the home has been convicted of a crime involving serious harm to children.

(4) (a) The department shall create a registry for voluntary registration by close relatives of a child for purposes of notifying those relatives when a child that is related has been removed from the child's home pursuant to this chapter.

(b) The registry must contain the names of the child and the child's parents and may contain the names of the child's grandparents, aunts, uncles, adult brothers, and adult sisters and must contain the contact information for the child and parents and any of the relatives whose names appear in the registry.

(5) The department shall consult the registry and notify the relatives on the registry on the first working day after placing the child in accordance with 41-3-301.

(6) The department may charge a fee commensurate with the cost of operating the registry. The fee may be charged only to those persons whose names are voluntarily entered in the registry.

(7) In implementing the policy of this section, the child's health and safety are of paramount concern.

Declaration of policy