MontanaSB 20669th Legislature, Regular Session (2025)Senate

Generally revise laws related to child abuse and neglect proceedings and investigations

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Bill Overview

Analyzed Economic Effects

14 provisions identified: 7 benefits, 0 costs, 7 mixed.

30-day assessment for therapeutic placements

Within 30 days of placing a child in a therapeutic group home, a qualified person must do an evidence‑based assessment. The check lists strengths and needs and finds the least restrictive setting. It decides if family or foster care can meet the child’s needs. It sets short‑ and long‑term mental and behavioral health goals.

New certified child protection roles

The law creates two certified roles. A child protection investigator handles reports, investigations, and emergency removals. A child reunification specialist leads services and placements after removal. Staff must be certified before using these titles or doing these duties. The investigator replaces the old title in forms and hearings, and parents get the investigator and supervisor contact information.

Protecting kids during domestic violence

When an investigation finds partner or family assault or strangulation endangers a child, the department must act to keep the child safe. It must try to protect the child without removing a victim parent. It must try to remove the alleged perpetrator from the home when danger exists. It must limit placement or unsupervised visits with the alleged offender until it is safe. The adult victim must get a referral to a domestic violence program.

Faster, clearer permanency hearings for kids

Beginning July 1, 2025, the court holds permanency hearings, or if the court approves and no party objects, a foster care review committee or citizen review board may do so. The court may combine a permanency hearing with another timely hearing. Reviews for siblings can be joint or separate, but the court must make written findings for each child. The department must file a report at least 3 working days before the hearing with efforts, placement options, reasons higher‑priority options were not used, and timelines. The court must speak with the child in an age‑appropriate way. The court must issue its order within 20 days; if a non‑court entity held the hearing, it must send minutes and recommendations to the court within 20 days, and the court issues findings within 10 days if it agrees. A permanency hearing is not required if the case is dismissed, the child was not removed, the child returned home, or the child was adopted or placed with a legal guardian. Records must show the department’s intensive, ongoing, and unsuccessful efforts toward reunification or another permanent placement. The court may end a planned permanent living arrangement if parents or the department petition and the court finds a substantial change and that ending it is in the child’s best interest.

Faster reporting in serious abuse cases

The department must immediately tell the county attorney about sexual abuse or exploitation allegations when the alleged perpetrator is 12 or older or the claim is found during an investigation. If the victim is 14 or older and used certain confidential services, the department does not report; if a county attorney is implicated, it reports to the attorney general. For sexual allegations, key records go to the county attorney within 5 business days. The department must promptly share records with prosecutors, law enforcement, the attorney general, the ombudsman, and child‑safety teams when reports involve a child’s death, sexual offenses, violent exposure, or drug manufacture or distribution. If there is reasonable cause a child was exposed to a Schedule I or II drug or drug paraphernalia, the department must promptly share results with officials. Contractors cannot block youth over 13 from reporting crimes and must help send reports when asked.

Clear permanency timelines and plans

Beginning July 1, 2025, a permanency hearing happens within 30 days if reunification services are not needed, or by the earlier of 12 months after the initial finding or 12 months after the first 60 days of removal. The court must hold a hearing and make findings every 12 months until adoption or guardianship. The court must approve a specific plan, ask the child about goals, and make written findings on best interests and reasonable efforts. Options include reunification, placement with a noncustodial parent, adoption, guardianship, or a planned permanent living arrangement under set criteria. For youth 14+, the plan is made with the child, names an advisor, and adds services to move to adulthood. Advocates may submit a report at least 3 working days before the hearing. The court cannot force the department to spend money unless it finds expenses reasonable and resources available; the department pays last after family, insurance, and other resources.

Faster hearings and family meetings

If the department removes a child, the investigator must send an affidavit in 2 working days and file a petition in 5 working days unless acceptable care or a prevention plan is already in place. A show cause hearing happens within 20 days. Parents can join a prehearing conference within 5 days to discuss placement, in‑home safety, parenting time, and services, and may bring a support person. The department must tell the court about kin or foster options, including sibling placement and school and culture needs. Courts must weigh the harm of staying home against the harm of removal and give written reasons. Immediate‑protection orders require quick compliance and a court appearance; failure can lead to contempt or temporary custody with the department.

Know your rights during investigations

At first contact, the department must give you clear written rights. You can seek a lawyer, do not have to let staff enter or take drug or alcohol tests without a court order, and do not have to speak. You may record in‑person meetings if you tell the worker. You and certain relatives and your attorney get free copies of case records provided under this law. Schools may share a student’s records without parent consent with the department, court, or the child’s attorney for these cases. For background checks, the department only shares written, risk‑to‑children information.

More transparency in child welfare investigations

Beginning July 1, 2025, an investigation may start from an anonymous report, but a child cannot be removed based on it unless corroborated within 48 hours by attributable evidence of current harm. Investigators must complete a written safety and risk assessment within 60 days and give a copy to the family on request. Families may review unedited recordings of a child’s interview, subject to confidentiality limits. Investigators may not ask about family finances unless needed for benefit eligibility or to follow 41‑3‑446. Anyone who reported suspected abuse can ask the department to confirm receipt, response level, and response timeframe. The department must post parent‑facing information online and in offices. Many safety and risk assessment determinations must be destroyed 30 days after 3 years unless exceptions apply; other case records are kept for 25 years.

Certified child-welfare staff and clear roles

Beginning July 1, 2025, the same person may not serve as both investigator and reunification specialist in the same case unless the local office lacks enough staff. The law updates definitions and establishes statewide roles for child protection investigators and child reunification specialists. Child‑facing staff must complete a child‑protection course, pass a competency exam, and clear state and FBI background checks to be certified; the department may deny certification for unrehabilitated criminal history. Certified staff must renew each year with at least 20 hours of approved training, including ethics and legal updates. New child‑facing hires must be certified within one year, and more positions now count as child‑facing. The department must partner with an external organization to build and regularly update the certification and testing program. Investigators and reunification specialists are added to the list of mandatory reporters. Child protective teams must be led locally and include an investigator or reunification specialist, law enforcement, a medical and school representative, a county attorney, and, for Indian children, someone knowledgeable about Indian culture.

No jail and more kin placements

Beginning July 1, 2025, a child removed for protection or care cannot be placed in a jail. When a child enters out‑of‑home care, the department may search for and contact extended family and share placement information to help with kinship placement and case planning.

Most changes start July 1, 2025

This law takes effect July 1, 2025. All rules start that day unless the law names a different date.

Clear definitions for abuse and care

The law defines what a safety and risk check must cover. It lists crimes that count as sexual abuse and defines sexual exploitation. It explains who is a “youth in need of care.” It defines a treatment plan as a written agreement or court order with steps a parent must take. It also sets when withholding medically indicated treatment for an infant is neglect and when it is not.

Controlled access to child case records

Lawmakers may view certain case records in person after a written request, signing a confidentiality form, and an orientation. Records stay at the department, cannot be copied, and access ends 6 months after the request; the lawmaker may take notes to discuss with a parent or guardian. News outlets are not liable for reporting immediate family statements under the family‑disclosure rule if they keep the child’s identity confidential.

Sponsors & Cosponsors

Sponsor

Dennis Lenz
Republican • Senate

Cosponsors

James Reavis
Democrat • House

Roll Call Votes

All Roll Calls

Yes: 298 • No: 0

House vote • 3/25/2025

Do Concur

Yes: 99 • No: 0

House vote • 3/24/2025