MontanaSB 24869th Legislature, Regular Session (2025)Senate

Provide that legislator access to CPS records includes drug testing results

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Bill Overview

Analyzed Economic Effects

6 provisions identified: 2 benefits, 0 costs, 4 mixed.

Child protection records stay private with penalties

The law keeps child abuse and neglect records confidential. Sharing is only allowed in the situations listed in the law. Anyone who knowingly shares records without permission commits a misdemeanor. People who do get records must keep them confidential and limit further sharing. Identities of people in substance use treatment stay protected under federal law.

Press can report family statements

News organizations and reporters are not liable for reporting facts or statements from an immediate family member. They must keep the child’s identity confidential.

Families get access and free copies

The law lists who can get child protection records, including parents, the child, providers, and foster or adoptive parents. Records are shared only if they are not otherwise protected and if sharing will not harm the child or others named. Copies for a parent, grandparent, aunt, uncle, sibling, guardian, or the parent’s or guardian’s attorney are free. Some requests must be in writing.

Courts can review and share records

A judge can review child protection records in private if they matter to a case. The judge can allow public release only when needed for a fair result. Courts can share records with other state courts to speed placing a child across state lines.

Faster sharing in serious abuse cases

On a written request, the department promptly gives records to the Attorney General, the local county attorney, a local peace officer, or the child and family ombudsman. The department promptly shares records when a report shows a child died from abuse or neglect, was the victim of a sexual offense, was exposed to a violent offense, or the case involves drug manufacture or distribution. If it suspects exposure to a Schedule I or II drug or related paraphernalia, it quickly shares results with listed officials or a local child safety team. When sexual abuse or exploitation is alleged, the county attorney where the acts occurred gets records within 5 business days, with a narrow exception for confidential sexual‑assault service contractors. A school may share a student’s education records, without consent, with the department, the court, a review board, or the child’s attorney or advocate.

Lawmakers can review child case drug tests

A member of Congress or the Montana Legislature can request a child’s case records in writing after getting a written inquiry with the child’s name and information. The member must sign a form about confidentiality penalties and get an orientation. Access lasts up to 6 months. Records stay in the department office and cannot be copied, but the member may take notes to discuss with a parent or guardian. Access includes drug testing results the department holds, from field tests and lab tests.

Sponsors & Cosponsors

Sponsor

Dennis Lenz
Republican • Senate

Cosponsors

Amy Regier
Republican • House

Roll Call Votes

All Roll Calls

Yes: 201 • No: 97

Senate vote • 3/28/2025

Do Concur

Yes: 61 • No: 38

Senate vote • 3/27/2025

Do Concur

Yes: 62 • No: 37

Senate vote • 2/21/2025

Do Pass

Yes: 37 • No: 13

Senate vote • 2/20/2025