All Roll Calls
Yes: 296 • No: 1
MontanaHB 7769th Legislature, Regular Session (2025)House
Generally revise laws related to child abuse and neglect investigations by the department of public health and human services
Sponsored By: SJ Howell (Democrat)
Became Law
Family LawMinors
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Bill Overview
Analyzed Economic Effects
5 provisions identified: 4 benefits, 0 costs, 1 mixed.
Faster 2025 hearings with clearer rules
Beginning July 1, 2025, the court holds a show cause hearing within 20 days of filing the first petition, unless the Indian Child Welfare Act requires otherwise. The petitioner must prove probable cause for temporary investigative authority, or meet the higher ICWA standard when ICWA applies. If facts are disputed, the court may hear all evidence and let a parent testify; a child’s hearsay statements are admissible. Parents can have a lawyer and may get one appointed by law. The judge must write findings on return home, best interests, efforts to avoid placement, support, and next steps, and may adjudicate the case at the show cause hearing if legal requirements are met. Parents may also ask a citizen review board, if available, to review the case within 30 days and give a recommendation to the court.
Stronger checks before child removal
The department must file a sworn affidavit with facts and any parent statements to seek immediate protection. It must explain why staying home is riskier than removal, and meet the Indian Child Welfare Act standard when that law applies. Before removal, the judge must weigh the harm of removal against harm at home and write findings that staying home is contrary to the child’s welfare. Immediate protection orders cannot last longer than 90 days. Different proof levels apply: probable cause for immediate protection or temporary investigation, preponderance for adjudication and custody, and clear and convincing to end parental rights; ICWA standards apply for Indian children. The court can order temporary steps like removing an alleged perpetrator or requiring evaluations, and can use contempt or give the department temporary custody if orders are ignored. The department pays costs only as a last resort and only after the court finds the expense reasonable and resources available. These rules apply through June 30, 2025.
Caregivers get a voice in court
Foster, preadoptive, and relative caregivers must get legal notice of all hearings and reviews and have the right to be heard. Parents and custodians may have a support person at meetings about emergency protective services, and meetings must be reasonably scheduled to allow that. When emergency services are requested, the department must tell the court about kin options and key foster placement details like sibling togetherness, school, culture, and special needs. Courts and parties can use mediation or family meetings, and any party can object to court‑ordered ADR; the department must send someone who can settle the case. A standing master can run hearings and recommend orders, but cannot handle termination of parental rights. Abuse and neglect petitions get the highest scheduling priority. These rules last through June 30, 2025.
Clear notices and counsel for parents
For the first abuse or neglect petition, in‑state parents must be served in person at least 5 days before the hearing. Certified mail counts only with a signed return receipt or if the person appears; if service fails, publication may be allowed. With the petition, parents also get a written notice about the right to a lawyer if indigent or under ICWA, the right to contest, and all timelines. If personal service cannot be made, the court must appoint counsel when justice requires for parents or guardians; for a putative father, appointment is discretionary. Only the county attorney, attorney general, or a county‑hired attorney can file these cases, and each filing must include a department affidavit and a notice of any hearing deadline. Court orders must also warn about the 12‑month permanency deadline and the 15‑of‑22‑months presumption for termination, and that finishing a treatment plan does not guarantee return. These rules last through June 30, 2025.
State pays most district court costs
The state’s Office of Court Administrator pays most district court costs, instead of counties paying by default. If a county pays a covered cost first, the state must reimburse the county within 30 days of a claim. Some costs stay with counties: clerk office salaries and expenses, court office space, and certain charges under state law (Titles 7 or 46).
Sponsors & Cosponsors
Sponsor
SJ Howell
Democrat • House
Cosponsors
Mike Yakawich
Republican • Senate
Roll Call Votes
House vote • 3/25/2025
Do Concur
Yes: 50 • No: 0
House vote • 3/24/2025
Do Concur
Yes: 50 • No: 0
House vote • 1/17/2025
Do Pass
Yes: 98 • No: 0
House vote • 1/16/2025
Do Pass
Yes: 98 • No: 1
Actions Timeline
Chapter Number Assigned
4/7/2025HouseSigned by Governor
4/7/2025HouseTransmitted to Governor
3/31/2025HouseSigned by President
3/31/2025SenateSigned by Speaker
3/28/2025HouseReturned from Enrolling
3/27/2025HouseSent to Enrolling
3/25/2025House3rd Reading Concurred
3/25/2025Senate2nd Reading Concurred
3/24/2025SenateCommittee Report--Bill Concurred
3/20/2025SenateCommittee Executive Action--Bill Concurred
3/19/2025SenateHearing
3/14/2025SenateReferred to Committee
1/20/2025SenateFirst Reading
1/20/2025SenateTransmitted to Senate
1/17/2025House3rd Reading Passed
1/17/2025House2nd Reading Passed
1/16/2025HouseCommittee Report--Bill Passed
1/13/2025HouseCommittee Executive Action--Bill Passed
1/10/2025HouseCommittee Executive Action--Bill Passed
1/10/2025HouseHearing
1/6/2025HouseFirst Reading
1/6/2025HouseReferred to Committee
12/20/2024HouseIntroduced
12/12/2024House
Bill Text
As Amended (Version 2)
3/26/2025
Enrolled
3/26/2025
Introduced
12/12/2024