All Roll Calls
Yes: 295 • No: 0
MontanaSB 7369th Legislature, Regular Session (2025)Senate
Generally revise laws relating to protective care
Sponsored By: Mike Yakawich (Republican)
Became Law
Family LawMinors
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Bill Overview
Analyzed Economic Effects
5 provisions identified: 5 benefits, 0 costs, 0 mixed.
Emergency removal and domestic violence safety
A child protection specialist, peace officer, or county attorney can remove a child immediately when the child is in immediate or apparent danger. If the danger comes from partner or family violence against an adult in the home, the department works to keep the child safe without removing the child from a victim parent when possible. The department can seek to remove the alleged offender from the home, stop placement with or unsupervised visits by that person, and provide safety services. Any adult victim gets a referral to a domestic violence program.
Faster court review and parent voice
After an emergency removal, the agency or county attorney files an abuse and neglect petition within 5 working days, unless acceptable care is arranged or a prevention plan is in place. The court holds a show cause hearing within 20 days of filing, unless the parties agree to a later date, and except as required by the federal Indian Child Welfare Act. Before filing for immediate protection, a child protection specialist interviews the parents if they are reasonably available. Within 2 working days of an emergency removal, the specialist gives an affidavit with the facts to the county attorney, the public defender, and, if possible, the parents or guardian.
Immediate notice and rights after removal
When your child is removed, the agency must notify you as soon as possible. The notice explains why, lists the emergency hearing within 5 days and the show cause hearing within 20 days, and their purpose. It gives contact details for the caseworker, the supervisor, and the public defender’s office. It tells you your rights, including a copy of the affidavit, attending both hearings, bringing a support person to meetings, and asking for kinship foster placement.
Prehearing meeting for families within 5 days
When a child is removed, a prehearing meeting happens within 5 days and before the first court hearing. The parent or guardian may join, along with the parent's lawyer, the child's lawyer, the county attorney, and a department social worker. When funding allows, an independent trained facilitator runs the meeting. The meeting must cover placement options, in-home safety plans, parenting time, and needed services. The agency sends a copy of the placement notice to the prehearing facilitator and the public defender within 24 hours.
Safer placements and kinship options
A removed child cannot be placed in a jail. The department can find and contact extended family and share information to help with placement and case planning. Before the hearing, the department arranges for the child’s well-being, including needed care and services.
Sponsors & Cosponsors
Sponsor
Mike Yakawich
Republican • Senate
Cosponsors
SJ Howell
Democrat • House
Roll Call Votes
Senate vote • 3/19/2025
Do Concur
Yes: 98 • No: 0
Senate vote • 3/18/2025
Do Concur
Yes: 98 • No: 0
Senate vote • 1/30/2025
Do Pass
Yes: 49 • No: 0
Senate vote • 1/29/2025
Do Pass
Yes: 50 • No: 0
Actions Timeline
Chapter Number Assigned
4/3/2025SenateSigned by Governor
4/3/2025SenateTransmitted to Governor
3/27/2025SenateSigned by Speaker
3/26/2025HouseSigned by President
3/24/2025SenateReturned from Enrolling
3/21/2025SenateSent to Enrolling
3/19/2025Senate3rd Reading Concurred
3/19/2025House2nd Reading Concurred
3/18/2025HouseCommittee Report--Bill Concurred
2/12/2025HouseCommittee Executive Action--Bill Concurred
2/11/2025HouseHearing
1/31/2025HouseFirst Reading
1/31/2025HouseReferred to Committee
1/31/2025HouseTransmitted to House
1/30/2025Senate3rd Reading Passed
1/30/2025Senate2nd Reading Passed
1/29/2025SenateCommittee Report--Bill Passed
1/27/2025SenateCommittee Executive Action--Bill Passed
1/24/2025SenateHearing
1/10/2025SenateReferred to Committee
1/7/2025SenateFiscal Note Printed
1/7/2025SenateFirst Reading
1/6/2025SenateFiscal Note Signed
1/6/2025SenateFiscal Note Received
1/6/2025Senate
Bill Text
Enrolled
3/20/2025
Introduced
12/27/2024