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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)

Became Law

Family LawMinors

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Bill Overview

Analyzed Economic Effects

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

Every abused child gets a court advocate

The court appoints a special advocate (CASA) as guardian ad litem in every abuse or neglect case. The court must first seek a volunteer; if none is available, it can appoint an attorney or other qualified person and pay when needed. Government staff with a direct conflict cannot serve. Volunteers must be 21 or older, commit at least one year, pass screening, complete training, and observe court before serving. Special advocates cannot take pay, must avoid conflicts and gifts, and act only for the child’s best interests. The court may also pay for a lawyer to advise the advocate when appropriate.

What the child’s advocate can do

Advocates investigate and speak for the child’s best interests. They can interview the child and others and review court, school, medical, therapy, police, and social service records when relevant. Health records follow HIPAA privacy rules. Advocates must keep information confidential, even after the case ends. Their written reports and testimony are allowed as evidence to support their opinions. Any party can ask the court to replace an advocate who is not doing the job. Advocates can also alert the court to actions that hurt the child.

Clearer rules for abuse and neglect

The law updates key definitions. Abuse or neglect includes exposing a child to illegal drug labs or distribution and to any child sex or human trafficking. It sets clear abandonment grounds, such as surrendering custody for six months, a parent being unknown for 90 days, or surrendering a newborn under 30 days. It also defines adequate health care and says a parent’s religious refusal alone is not neglect, unless the child faces imminent, serious harm.

Immediate lawyers in child welfare cases

All parties in child‑welfare petitions have the right to a lawyer. The court assigns the State Public Defender right away for indigent parents or custodians and for children, while financial eligibility is checked. The state also assigns counsel when required by the federal or Montana Indian Child Welfare Acts; one ICWA‑related temporary clause ends June 30, 2025. A putative father gets a public defender only after he is served and asks in writing, unless ICWA rules require earlier appointment.

Sponsors & Cosponsors

Sponsor

  • Dennis Lenz

    Republican • Senate

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 406 • No: 35

Senate vote • 4/15/2025

Do Pass

Yes: 48 • No: 2

Senate vote • 4/14/2025

Do Pass

Yes: 43 • No: 1

Senate vote • 4/11/2025

Do Concur

Yes: 90 • No: 9

Senate vote • 4/10/2025

Do Concur

Yes: 88 • No: 11

Senate vote • 3/6/2025

Do Pass

Yes: 40 • No: 9

Senate vote • 3/5/2025

AMD-SB0464.001.001 Lenz D/PASS

Yes: 50 • No: 0

Senate vote • 3/5/2025

Do Pass As Amended

Yes: 47 • No: 3

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 Passed as Amended by House

    4/15/2025Senate

  9. 2nd Reading House Amendments Concurred

    4/14/2025Senate

  10. Returned to Senate with Amendments

    4/11/2025House

  11. 3rd Reading Concurred

    4/11/2025House

  12. 2nd Reading Concurred

    4/10/2025House

  13. Committee Report--Bill Concurred as Amended

    4/3/2025House

  14. Revised Fiscal Note Printed

    4/3/2025Senate

  15. Fiscal Note Unsigned

    4/2/2025Senate

  16. Committee Executive Action--Bill Concurred as Amended

    3/28/2025House

  17. Hearing

    3/19/2025House

  18. First Reading

    3/17/2025House

  19. Referred to Committee

    3/17/2025House

  20. Transmitted to House

    3/7/2025Senate

  21. 3rd Reading Passed

    3/6/2025Senate

  22. 2nd Reading Passed as Amended

    3/5/2025Senate

  23. 2nd Reading Motion to Amend Carried

    3/5/2025Senate

  24. Committee Report--Bill Passed

    3/1/2025Senate

  25. Committee Executive Action--Bill Passed

    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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