Montana legislation · 2025 Regular Session
Montana SB156: Generally revise evidentiary burdens related to child abuse and neglect cases
Status: Failed, May 23, 2025
What the bill says
A bill for an act entitled: "an act generally revising evidentiary burdens related to child abuse and neglect proceedings; providing that orders of adjudication, temporary legal custody, and long-term custody may only be issued on clear and convincing evidence; providing that an order of termination may only be issued on proof beyond a reasonable doubt; and amending sections 41-3-422, 41-3-423, 41-3-434, 413-437, 41-3-442, 41-3-445, 41-3-609, and 41-3-615, mca.".
From the engrossed text:
A BILL FOR AN ACT ENTITLED: "AN ACT GENERALLY REVISING EVIDENTIARY BURDENS RELATED TO CHILD ABUSE AND NEGLECT PROCEEDINGS; PROVIDING THAT ORDERS OF ADJUDICATION, TEMPORARY LEGAL CUSTODY, AND LONG-TERM CUSTODY MAY ONLY BE ISSUED ON CLEAR AND CONVINCING EVIDENCE; PROVIDING THAT AN ORDER OF TERMINATION MAY ONLY BE ISSUED ON PROOF BEYOND A REASONABLE DOUBT; AND AMENDING SECTIONS 41-3-422, 41-3-423, 41-3-434, 413-437, 41-3-442, 41-3-445, 41-3-609, AND 41-3-615, MCA." BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA: Section 1. Section 41-3-422, MCA, is amended to read: "41-3-422. (Temporary) Abuse and neglect petitions -- burden of proof. (1) (a) Proceedings under this chapter must be initiated by the filing of a petition. A petition may request the following (ii) temporary investigative authority, as provided in 41-3-433; (iii) temporary legal custody, as provided in 41-3-442; (iv) long-term custody, as provided in 41-3-445; (v) termination of the parent-child legal relationship, as provided in 41-3-607; (vi) appointment of a guardian pursuant to 41-3-444; (vii) a determination that preservation or reunification services need not be provided; or (viii) any combination of the provisions of subsections (1)(a)(i) through (1)(a)(vii) or any other relief that may be required for the best interests of the child. (b) The petition may be modified for different relief at any time within the discretion of the court. (c) A …
Sponsors
- Emrich, Daniel (R, 11) · primary sponsor
- Mercer, Bill (R, 52)
Latest actions
- : (S) Died in Process
- : (H) Reconsidered Previous Action
- : (H) 2nd Reading
- : (H) Scheduled for 2nd Reading
- : (H) Committee Report
- : (H) Committee Executive Action
- : (H) Hearing
- : (H) 1st Reading
- : (H) Referred to Committee
- : (S) Transmitted to House
Votes
- ReconsAction - Regier (March 26, 2025): 45 yea, 53 nay, failed
- Do Concur (March 25, 2025): 44 yea, 55 nay, failed
- Do Pass (February 11, 2025): 35 yea, 15 nay, passed
- Do Pass (February 10, 2025): 30 yea, 19 nay, passed
Subjects: Minors, Courts, Family Law, Civil Procedure
Common questions
- What is SB156?
- SB156 is a bill in the Montana Legislature (2025 Regular Session): Generally revise evidentiary burdens related to child abuse and neglect cases.
- What does SB156 do?
- In its own words: A bill for an act entitled: "an act generally revising evidentiary burdens related to child abuse and neglect proceedings; providing that orders of adjudication, temporary legal custody, and long-term custody may only be issued on clear and convincing evidence; providing that an order of termination may only be issued on proof beyond a reasonable doubt; and amending sections 41-3-422, 41-3-423, 41-3-434, 413-437, 41-3-442, 41-3-445, 41-3-609, and 41-3-615, mca.".
- What is the status of SB156?
- Failed as of May 23, 2025. Latest action: (S) Died in Process (May 23, 2025).
- Who sponsored SB156?
- Emrich, Daniel (R, 11), with 1 co-sponsor.
- Where is the official record for SB156?
- On the Montana Legislature website: https://bills.legmt.gov/#/laws/bill/2/LC1982
Source: official Montana record. Tracked by Delilah, AI for legislation across all 50 states and Congress.