Montana legislation · 2025 Regular Session
Montana SB231: Require department of public health and human services to file attachments to affidavit in child abuse or neglect proceedings
Status: Failed, May 23, 2025
What the bill says
A bill for an act entitled: "an act generally revising laws related to the affidavit provided by the department of public health and human services in child abuse and neglect proceedings; requiring the department to append certain attachments to its affidavit include disposition information, if available, for any criminal case referenced in its affidavit; establishing a duty on the department to obtain law enforcement reports involving adult parties named in the petition ; and amending sections 41-3-422 and 41-3-437, mca.".
From the engrossed text:
A BILL FOR AN ACT ENTITLED: "AN ACT GENERALLY REVISING LAWS RELATED TO THE AFFIDAVIT PROVIDED BY THE DEPARTMENT OF PUBLIC HEALTH AND HUMAN SERVICES IN CHILD ABUSE AND NEGLECT PROCEEDINGS; REQUIRING THE DEPARTMENT TO APPEND CERTAIN ATTACHMENTS TO ITS AFFIDAVIT INCLUDE DISPOSITION INFORMATION, IF AVAILABLE, FOR ANY CRIMINAL CASE REFERENCED IN ITS AFFIDAVIT; ESTABLISHING A DUTY ON THE DEPARTMENT TO OBTAIN LAW ENFORCEMENT REPORTS INVOLVING ADULT PARTIES NAMED IN THE PETITION ; AND AMENDING SECTIONS 41-3-422 AND 41-3-437, 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 …