MontanaSB 25669th Legislature, Regular Session (2025)SenateWALLET

Generally revise child abuse and neglect laws

Sponsored By: Dennis Lenz (Republican)

Became Law

Family LawMinorsSocial ServicesCourtsCivil Procedure

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Bill Overview

Analyzed Economic Effects

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

Parents get broader case discovery

If you are a parent in a Title 40 or 41 case, the department must let you see and copy its case materials. You get witness names and statements; reports, notes, interviews, expert opinions; photos, videos, and other items; and anything that helps your case. This duty includes materials held by department staff and anyone who took part in the investigation. The department can set reasonable rules to protect physical evidence, including chain of custody. If you show you need more and cannot get it elsewhere, the judge must order it. Courts can penalize a party who does not follow discovery rules. The department must promptly add any new materials it later finds. Reporter identities stay confidential, and attorneys may not release discovery to the public.

Faster record sharing in serious cases

The department must quickly give records to the attorney general, county attorney, local police, or the child and family ombudsman when they ask in writing. It must also share records fast when reports show a child died from abuse or neglect, a sexual offense, exposure to real violence, or drug manufacture or distribution tied to the case. If there is reasonable cause to suspect a child was exposed to a Schedule I or II drug or drug paraphernalia, the department must promptly share investigation results with designated officials or child-safety teams. A child is exposed if caused or allowed to inhale, touch, or ingest those drugs, or to touch drug paraphernalia. When a report alleges sexual abuse or sexual exploitation, the department must send records to the county attorney within 5 business days. Confidential sexual-assault service contractors must report to the department but may omit the victim’s and alleged perpetrator’s names. For youth over age 13, those contractors may not block reporting and must help the youth report to law enforcement or the county attorney when asked.

Who can see child welfare records

The law lists who may get child abuse and neglect records when needed for care, placement, safety, or oversight. This includes parents or guardians, the child and a representative, licensed care and placing agencies, health and mental health providers, schools and school safety teams, and many named public agencies and review teams. The department may share records with its own staff or other agency staff when needed to run programs that help the child. Tribal agencies, qualified experts, and relatives may get records needed to follow the Indian Child Welfare Act. A legislator may view a named child’s records at the department office after a written request, signing confidentiality forms, and an orientation; no copies are allowed and access lasts up to six months. One bracketed clause in this access section ends on June 30, 2025.

Fairer background checks for child-care work

Employers and volunteer programs must ask in writing for records when screening people who may be alone with children. The department releases only substantiated findings that show a risk to children. Licensing agencies may use only substantiated findings about the applicant and may not rely on unrelated or unsubstantiated allegations.

Stronger privacy and limited public release

Child abuse and neglect case records are confidential. Sharing them without legal permission is a misdemeanor. A judge can review records in private and may allow public release only if needed to decide the case fairly. The department may give the news media only limited facts about how a case was handled, and only if the child’s and family’s privacy is protected.

Sponsors & Cosponsors

Sponsor

  • Dennis Lenz

    Republican • Senate

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 348 • No: 43

Senate vote 3/28/2025

Do Pass

Yes: 48 • No: 0

Senate vote 3/27/2025

Do Pass

Yes: 47 • No: 1

Senate vote 3/25/2025

Do Concur

Yes: 99 • No: 0

Senate vote 3/24/2025

Do Concur

Yes: 96 • No: 0

Senate vote 2/21/2025

Do Pass

Yes: 27 • No: 23

Senate vote 2/20/2025

Do Pass

Yes: 31 • No: 19

Actions Timeline

  1. Chapter Number Assigned

    4/17/2025Senate
  2. Signed by Governor

    4/16/2025Senate
  3. Transmitted to Governor

    4/8/2025Senate
  4. Signed by Speaker

    4/8/2025House
  5. Signed by President

    4/2/2025Senate
  6. Returned from Enrolling

    3/30/2025Senate
  7. Sent to Enrolling

    3/28/2025Senate
  8. 3rd Reading Passed as Amended by House

    3/28/2025Senate
  9. 2nd Reading House Amendments Concurred

    3/27/2025Senate
  10. Returned to Senate with Amendments

    3/25/2025House
  11. 3rd Reading Concurred

    3/25/2025House
  12. 2nd Reading Concurred

    3/24/2025House
  13. Committee Report--Bill Concurred as Amended

    3/19/2025House
  14. Committee Executive Action--Bill Concurred as Amended

    3/18/2025House
  15. Hearing

    3/5/2025House
  16. Fiscal Note Printed

    2/24/2025Senate
  17. First Reading

    2/22/2025House
  18. Referred to Committee

    2/22/2025House
  19. Fiscal Note Signed

    2/21/2025Senate
  20. Transmitted to House

    2/21/2025Senate
  21. 3rd Reading Passed

    2/21/2025Senate
  22. Fiscal Note Received

    2/21/2025Senate
  23. 2nd Reading Passed

    2/20/2025Senate
  24. Fiscal Note Requested

    2/20/2025Senate
  25. Committee Report--Bill Passed

    2/15/2025Senate

Bill Text

  • Enrolled

    4/15/2025

  • As Amended (Version 2)

    3/19/2025

  • Introduced

    2/3/2025

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