Montana 2025 Regular Session

Montana House Bill HB77

Introduced
12/12/24  
Refer
12/20/24  
Engrossed
1/17/25  
Refer
1/20/25  
Enrolled
3/25/25  

Caption

Generally revise laws related to child abuse and neglect investigations by the department of public health and human services

Impact

The bill introduces amendments to several sections of the Montana Code Annotated, including those that govern abuse and neglect petitions. With the emphasis on protection for children, HB 77 highlights the importance of pursuing the best interests of the child while balancing the rights and concerns of parents. By streamlining the court processes surrounding these matters, it intends to ensure quicker resolution of cases, thereby affecting the timelines for adjudications and the overall management of child welfare cases in the state.

Summary

House Bill 77 aims to revise and clarify laws relating to child abuse and neglect investigations conducted by the Department of Public Health and Human Services. A significant change proposed by this bill is the removal of the temporary investigative authority, commonly referred to as Section 41-3-433, which previously allowed the department more expansive powers in conducting investigations into allegations of child abuse or neglect. By removing this authority, the bill seeks to streamline investigative processes and safeguard the rights of parents and guardians during such inquiries.

Sentiment

The sentiment around HB 77 appears to be generally supportive in the context of ensuring child safety while also prompting discussions about the preservation of parental rights. Legislative discussions have noted the necessity of protecting children from abusive environments while ensuring that the processes involved do not undermine families unnecessarily. Advocacy groups and legal experts have been involved in debates highlighting these nuances, indicating a nuanced reception of the proposed changes.

Contention

While the removal of temporary investigative authority is positioned as a measure to enhance procedural clarity, it has drawn some concerns regarding the potential for oversight reduction in child welfare cases. Opponents argue that stripping this authority might impede timely intervention in urgent cases of child abuse or neglect. There are fears that this could lead to delays in providing necessary protective services for vulnerable children, thus generating a dialogue about the balance between child safety and parental rights.

Companion Bills

No companion bills found.

Similar Bills

MT SB231

Require department of public health and human services to file attachments to affidavit in child abuse or neglect proceedings

MT SB367

Revise citizen review boards in DN proceedings

MT SB162

Provide notice to foster parents in CPS cases

MT SB156

Generally revise evidentiary burdens related to child abuse and neglect cases

MT HB317

Provide for the Montana Indian Child Welfare Act

AZ HB2323

DCS; specialty medical evaluations

OK HB1100

Children; Oklahoma Children's Code; term; court; hearing; information; determination; immediate release; felony; court order; evidentiary standard; effective date.

CA AB976

Electronic filing and service.