MontanaSB 40269th Legislature, Regular Session (2025)Senate

Provide for case determinations of investigations of reported child abuse or neglect

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Bill Overview

Analyzed Economic Effects

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

Who is a youth in need of care

The law defines "youth in need of care." It covers a youth found after a hearing to have been abused, neglected, or abandoned. This definition guides who may enter child-welfare court cases, services, and placements. This temporary definition applies through June 30, 2025.

Clear rules on abandonment and responsible adults

The law defines abandonment and who is responsible for a child's welfare. Abandonment includes leaving a child when return is not expected; giving up custody for 6 months without a firm plan; a parent unknown for 90 days despite efforts; or safe surrender of a newborn up to 30 days old. It is not abandonment if a parent surrenders a child only because they cannot get publicly funded services. Responsible adults include parents, guardians, foster parents, adults living with the child, and day-care caregivers. These rules decide who can be investigated and what conduct triggers state action.

Rules on withholding infant medical treatment

The law explains when not giving life-saving care to an infant counts as withholding treatment. Doctors must provide nutrition, fluids, and medicine if they reasonably judge the care is most likely to help. Withholding other treatment can be allowed if the infant is in a chronic, irreversible coma; the care would only prolong dying or be ineffective; or the care would be virtually futile and inhumane. "Infant" means under age 1, and also some older children who were hospitalized since birth, were extremely premature, or have a long-term disability. Turning 1 year old alone does not justify changing or stopping care.

Standard findings after child abuse investigations

The law requires the state child-welfare agency to make one case finding after each investigation. The three findings are substantiated, unsubstantiated, or unfounded. "Unsubstantiated" means the department investigated but could not show by a preponderance of the evidence that abuse or neglect happened. These labels guide records, notices, and next steps for families.

Sponsors & Cosponsors

Sponsor

Dennis Lenz
Republican • Senate

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 271 • No: 26

Senate vote • 4/11/2025

Do Concur

Yes: 90 • No: 9

Senate vote • 4/10/2025

Do Concur

Yes: 94 • No: 5

Senate vote • 3/6/2025

Do Pass

Yes: 43 • No: 7

Senate vote • 3/5/2025