MontanaSB 20669th Legislature, Regular Session (2025)SenateWALLET

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

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Bill Overview

Analyzed Economic Effects

6 provisions identified: 3 benefits, 0 costs, 3 mixed.

Faster hearings and stronger removal protections

Beginning July 1, 2025, families get stronger protections when a child is removed. Investigators cannot remove a child based only on an anonymous report unless they find corroborating facts within 48 hours. The department must tell parents the accusation and their rights, including the right to a lawyer and to refuse entry or testing without a court order. When a child is placed, parents get prompt written notice with reasons and contact info; the public defender gets a copy within 24 hours. Parents have a right to a prehearing conference within 5 days to discuss placement, in‑home safety plans, parenting time, and services. The department’s affidavit to the court must explain why removal is safer than staying home and list reasonable efforts to keep the family together. A removed child may not be placed in a jail.

Quicker abuse reporting to prosecutors

Beginning July 1, 2025, the department must immediately tell the county attorney about sexual‑abuse reports when the alleged abuser is age 12 or older. It must send the listed records to that county attorney within 5 business days. If a victim age 14 or older sought help from a provider that promises confidentiality, the department does not report names. More workers are now mandatory reporters, including investigators, reunification specialists, department staff, and contractors who serve children.

Clear permanency timelines and youth voice

Beginning July 1, 2025, courts follow clearer timelines to decide a child’s permanent plan. If reunification services are not needed, a hearing happens within 30 days. Otherwise, a hearing happens within 12 months after the first court finding or within 12 months after the child’s 60th day of removal, and at least every 12 months after. If the court holds the hearing, it issues an order within 20 days. Youth age 14 or older help plan their future, can choose up to two team members, and get services to transition to adulthood. The law also updates what counts as abandonment, including 6 months without plans, a parent unknown for 90 days after efforts to find them, and safe surrender of a newborn up to 30 days old; it does not count surrender that is only due to lack of access to public services.

More access to records and fairer assessments

Beginning July 1, 2025, families can see more of their case records. If a child’s interview was recorded, the family can review an unedited copy, subject to confidentiality limits. Copies of case records given to listed family members or their attorneys are free. Safety and risk assessment records (not medical) must be destroyed within 30 days after 3 years unless listed exceptions apply; otherwise, related records are kept for 25 years. During safety checks, investigators generally cannot ask about your finances unless needed to see if you qualify for public assistance or as required by state law.

Certification and training for child-welfare staff

Beginning July 1, 2025, only certified staff may use the titles “certified child protection specialist investigator” or “certified child reunification specialist.” New hires after October 1, 2021 must be certified within 1 year; staff hired earlier had to be certified by October 1, 2023. Applicants must complete a course, pass a competency exam, and submit fingerprints for Montana DOJ and FBI checks; people with past convictions may show rehabilitation. Certifications renew each year with at least 20 hours of approved training, including ethics and legal updates. The department works with an outside group to build the program and reviews it at least every 2 years.

Separate investigators and stronger child-protection teams

Beginning July 1, 2025, two different workers handle your case. A child protection investigator handles the investigation and any removal. A child reunification specialist manages services and placement after removal. The same person cannot do both in the same case unless the office lacks staff. Local child‑protective teams are coordinated by the CPS supervisor and must include law enforcement, medical, school, and a county attorney. If an Indian child is involved, the team includes someone knowledgeable about Indian culture, preferably an Indian person.

Sponsors & Cosponsors

Sponsor

Dennis Lenz
Republican • Senate

Cosponsors

James Reavis
Democrat • House

Roll Call Votes

All Roll Calls

Yes: 297 • No: 0

Senate vote • 3/25/2025

Do Concur

Yes: 99 • No: 0

Senate vote • 3/24/2025

Do Concur

Yes: 98 • No: 0

Senate vote • 2/21/2025

Do Pass

Yes: 50 • No: 0

Senate vote • 2/20/2025