Montana 2023 Regular Session

Montana Senate Bill SB114

Introduced
1/4/23  

Caption

Eliminate anonymous reporting in child protective services cases

Impact

If passed, SB114 would fundamentally alter the reporting landscape for child abuse allegations in Montana. The revised reporting requirements mean that all reports must contain identifiable information about the individual making the report. Proponents of the bill argue that this change will prevent frivolous claims and allow authorities to follow up with those making reports more effectively. However, detractors express concern that eliminating anonymity may deter individuals from reporting abuse, particularly in sensitive cases where the reporter fears repercussions or retaliation.

Summary

Senate Bill 114 (SB114) aims to amend existing laws regarding the reporting of suspected child abuse and neglect in Montana. This bill specifically prohibits the investigation of anonymous reports and mandates that all reports be made by professionals and officials who have reasonable cause to suspect abuse or neglect. The amendment affects key sections of the Montana Code Annotated (MCA), particularly those that address who is required to report child abuse and the confidentiality of such reports. By eliminating the option for anonymous reporting, the bill seeks to enhance accountability and ensure that allegations can be thoroughly investigated.

Sentiment

The sentiment around SB114 is divided. Supporters, including many child protection advocates, argue that the bill's provisions will lead to more thorough investigations and greater accountability in child protection cases. Conversely, opponents fear that the changes might discourage reporting, as individuals may be reluctant to become involved in potentially damaging investigations due to fear of exposure. This debate underscores the tension between the need for effective child protection and the necessity of maintaining safe reporting environments for individuals who may be hesitant to come forward.

Contention

Main points of contention surrounding SB114 include concerns over the privacy of individuals reporting suspected abuse and the potential chilling effect on reporting rates. Critics argue that the requirement for identifiable reports could lead to a decrease in the number of cases reported, particularly in communities where stigma or fear of retaliation exists. Another contentious issue is the balance between ensuring thorough investigations and protecting the rights and anonymity of informants, which is critical in sensitive abuse cases.

Companion Bills

No companion bills found.

Previously Filed As

MT SB139

Eliminate clergy exemption in mandatory reporting of child abuse and neglect

MT SB149

Establish penalties for false reporting in child protective services cases

MT HB461

Revise laws related to reporting of child abuse and neglect

MT SB116

Revise confidentiality provisions related to child protective services cases

MT HB1149

Anonymous reporting of child abuse; remove and add penalties for false reporting of child abuse.

MT SB463

Generally revise laws related to reporting of child abuse and neglect

MT SB328

Apply ICWA concepts to all child protective services cases

MT SB230

Revise standard for emergency protective services in child abuse and neglect cases

MT SB181

Require notice of parent legal rights in child protective services cases

MT SB1437

Mandatory reporting; school employees; investigations

Similar Bills

MT HB554

Revise laws relating to confidentiality of child abuse and neglect records

MT SB468

Establish central registry for individuals who are the subject of a substantiated report of child abuse or neglect

MT SB469

Establish statewide central registry for reports of child abuse or neglect

MT SB256

Generally revise child abuse and neglect laws

MT SB116

Revise confidentiality provisions related to child protective services cases

NC H674

Child Advocacy Centers/Share Information

CA AB2616

Conservatorship and guardianship.

MT SB463

Generally revise laws related to reporting of child abuse and neglect