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MontanaSB 46469th Legislature, Regular Session (2025)Senate

Revise laws related to appointment of special advocates in abuse and neglect cases

Sponsored By: Dennis Lenz (Republican)

Signed by Governor

Family LawMinors

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Bill Overview

Analyzed Economic Effects

3 provisions identified: 2 benefits, 0 costs, 1 mixed.

Every child gets a court advocate

The court appoints a special advocate in every child abuse or neglect case. Courts first seek trained volunteers; if none are available, a judge can appoint a qualified person or attorney and pay them with public funds. Advocates must be at least 21, complete training and court observation, avoid conflicts, serve at least one year, and cannot take pay or gifts. They can interview the child and others and review court, school, police, and medical records, following HIPAA. They file written reports and speak in court, and their reports can support their opinions. They track the case and ask for needed services, push to avoid needless removals and support reunification when best for the child, keep case information private, and can alert the court to problems. Any party can ask the court to replace an advocate who is not doing the job.

Quick review in therapeutic group homes

A qualified person must assess a child's therapeutic needs within 30 days after entering a therapeutic group home. The review uses an age-appropriate, evidence-based tool. It decides if needs can be met in a family or foster home and, if not, identifies the least restrictive setting that fits permanency goals. It also sets short- and long-term mental and behavior health goals.

Faster state-paid lawyers in child cases

The court immediately asks the Office of State Public Defender to assign a lawyer for indigent parents or guardians. It also assigns counsel for every child in the case. Parties covered by the Indian Child Welfare Act and children seeking to reinstate parental rights get counsel too. A court cannot appoint the defender for a putative father until he is served with the petition and asks in writing, unless ICWA applies. The law removes the prior rule that let courts pay for a lawyer for a guardian ad litem or court‑appointed special advocate. The law defines an Indian child as an unmarried person under 18 who is a tribe member or eligible and the biological child of a member.

Sponsors & Cosponsors

Sponsor

  • Dennis Lenz

    Republican • Senate

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 412 • No: 35

Senate vote • 4/15/2025

Do Pass

Yes: 48 • No: 2

Senate vote • 4/14/2025

Do Pass

Yes: 48 • No: 1

House vote • 4/11/2025

Do Concur

Yes: 90 • No: 9

House vote • 4/10/2025

Do Concur

Yes: 89 • No: 11

Senate vote • 3/6/2025

Do Pass

Yes: 40 • No: 9

Senate vote • 3/5/2025

Do Pass As Amended

Yes: 47 • No: 3

Senate vote • 3/5/2025

AMD-SB0464.001.001 Lenz D/PASS

Yes: 50 • No: 0

Actions Timeline

  1. Chapter Number Assigned

    5/13/2025Senate

  2. Signed by Governor

    5/8/2025Senate

  3. Transmitted to Governor

    5/1/2025Senate

  4. Signed by Speaker

    5/1/2025House

  5. Signed by President

    4/22/2025Senate

  6. Returned from Enrolling

    4/16/2025Senate

  7. Sent to Enrolling

    4/15/2025Senate

  8. 3rd Reading House Amendments

    4/15/2025Senate

  9. 2nd Reading House Amendments

    4/14/2025Senate

  10. Returned to Senate with Amendments

    4/11/2025House

  11. 3rd Reading

    4/11/2025House

  12. 2nd Reading

    4/10/2025House

  13. Committee Report

    4/3/2025House

  14. Revised Fiscal Note Printed

    4/3/2025Senate

  15. Fiscal Note Unsigned

    4/2/2025Senate

  16. Committee Executive Action

    3/28/2025House

  17. Hearing

    3/19/2025House

  18. 1st Reading

    3/17/2025House

  19. Referred to Committee

    3/17/2025House

  20. Transmitted to House

    3/7/2025Senate

  21. 3rd Reading

    3/6/2025Senate

  22. 2nd Reading

    3/5/2025Senate

  23. 2nd Reading Motion to Amend

    3/5/2025Senate

  24. Committee Report

    3/1/2025Senate

  25. Committee Executive Action

    2/28/2025Senate

Bill Text

  • Enrolled

    4/15/2025

    PDF

  • As Amended (Version 3)

    3/29/2025

    PDF

  • As Amended (Version 2)

    3/5/2025

    PDF

  • Introduced

    2/25/2025

    PDF

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