MontanaSB 1769th Legislature, Regular Session (2025)Senate

Revise laws related to hearings after the emergency removal and protective placement of a child

Your PRIA Score

Score Hidden

Personalized for You

How does this bill affect your finances?

Sign up for a PRIA Policy Scan to see your personalized alignment score for this bill and every other piece of legislation we track. We analyze your financial profile against policy provisions to show you exactly what matters to your wallet.

Free to start

Bill Overview

Analyzed Economic Effects

6 provisions identified: 6 benefits, 0 costs, 0 mixed.

Faster notice and legal help after removal

If your child is removed, you get a written notice right away. It explains why, the emergency hearing within 5 working days, and the show cause hearing within 20 days. It lists contacts for the caseworker, their supervisor, and the public defender. You have rights: a copy of the affidavit, to attend and speak at hearings, to bring a support person, and to ask for kinship placement. The caseworker must send the affidavit within 2 working days and should give you a copy if possible. A petition must be filed within 5 working days, not counting weekends or holidays, unless safe care plans or a written prevention plan are in place. The worker must interview the parents first if they are reasonably available.

Safer placements and family-first options

A child removed for protection cannot be placed in jail. The department must arrange the child’s care and well-being before the court hearing. When a child is in out-of-home care, the department may find and contact extended family and share information to help with kin placement and case planning.

Stronger protection in domestic violence cases

When danger comes from partner or family assault or strangulation, the department must act to protect the child. It should avoid removing a parent who is a victim. It can remove the alleged offender from the home and block placement or unsupervised visits with that person until it is safe. Adult victims receive a referral to a domestic violence program.

Deadlines for show cause hearings

A show cause hearing happens quickly after a petition is filed. It must be within 21 days beginning July 1, 2025. Laws also reference a 20-day window; parties may agree to other timing, or the court may extend for substantial injustice. Indian Child Welfare Act rules apply when the child is an Indian child.

Early family meeting within 5 days

Within 5 working days of removal, before the emergency hearing, there is a prehearing conference. Parents, their lawyer, the county attorney, and a social worker must attend. If funding allows, an independent trained facilitator runs it. The group reviews placement options, in-home safety plans, parenting time, and family treatment services.

Law effective July 1, 2025; tribal notice

This law takes effect on July 1, 2025. The Secretary of State must send a copy to each federally recognized tribal government in Montana.

Sponsors & Cosponsors

Sponsor

Dennis Lenz
Republican • Senate

Cosponsors

Terry Nelson
Republican • House

Roll Call Votes

All Roll Calls

Yes: 293 • No: 0

Senate vote • 3/18/2025

Do Concur

Yes: 98 • No: 0

Senate vote • 3/17/2025

Do Concur

Yes: 96 • No: 0

Senate vote • 1/30/2025

Do Pass

Yes: 49 • No: 0

Senate vote • 1/29/2025