MontanaSB 1869th Legislature, Regular Session (2025)Senate

Revise the definition of child abuse or neglect

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Bill Overview

Analyzed Economic Effects

4 provisions identified: 3 benefits, 0 costs, 1 mixed.

Clearer rules on child abuse and neglect

The law updates what counts as child abuse or neglect. It covers real harm, a substantial risk of harm, and caregiver acts or failures. Exposure to drug distribution, drug production, or illegal drug labs counts. Sexual abuse and sexual exploitation under state law count. Physical abuse includes serious injuries like fractures, burns, or internal bleeding. Physical neglect includes failing to provide food, shelter, clothing, cleanliness, or supervision, or allowing sexual abuse. Psychological abuse must be identified by listed licensed professionals and can include violence in the home; victims are not blamed. Necessary sanitary touching of an infant’s genitals by a parent is not sexual abuse. Acts done in self‑defense or to stop self‑harm are excluded. In cases involving Indian children, the law uses ICWA’s standard for serious emotional or physical damage.

What protective services can provide

The law defines protective services the department provides. Services help a child stay safely at home, return home after removal, or reach permanency if return is not possible. Services include emergency protective help, written prevention plans, and court‑ordered services.

When leaving a child is abandonment

The law explains when leaving a child counts as abandonment. It includes leaving a child in a way that shows no intent to resume care, or surrendering custody for 6 months with no plan to resume or make permanent arrangements. A parent being unknown for 90 days after reasonable searches also counts. A newborn no more than 30 days old may be safely surrendered to an emergency services provider. Giving a child to the department only because the parent could not access publicly funded services is not abandonment. These rules guide abuse and neglect findings.

Medical care rules for infants

The law defines adequate health care for children. A parent’s refusal based only on religion is not abuse by itself. The state can still require care when the child faces imminent, serious harm. Withholding medically indicated treatment means not giving an infant life‑saving care a doctor reasonably believes will work, including needed food, fluids, and medicine. Doctors may stop other treatments when an infant is irreversibly comatose or when care only prolongs dying, is futile, or inhumane. An “infant” is under age 1, or an older child with continuous hospitalization since birth, extreme prematurity, or a long‑term disability.

Sponsors & Cosponsors

Sponsor

Dennis Lenz
Republican • Senate

Cosponsors

SJ Howell
Democrat • House

Roll Call Votes

All Roll Calls

Yes: 278 • No: 15

Senate vote • 3/18/2025

Do Concur

Yes: 91 • No: 7

Senate vote • 3/17/2025

Do Concur

Yes: 92 • No: 4

Senate vote • 1/30/2025

Do Pass

Yes: 48 • No: 1

Senate vote • 1/29/2025