Revise child abuse and neglect laws involving adjudication

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69th Legislature 2025 SB 249
- 1 - Authorized Print Version – SB 249
ENROLLED BILL
AN ACT REVISING CHILD ABUSE AND NEGLECT LAWS INVOLVING ADJUDICATION; REQUIRING THAT
A COURT HEAR ADDITIONAL EVIDENCE FROM INDIVIDUALS CARING FOR A CHILD; AMENDING
SECTION 41-3-437, MCA; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Section 41-3-437, MCA, is amended to read:
"41-3-437. (Temporary) Adjudication -- temporary disposition -- findings -- order. (1) Upon the
filing of an appropriate petition, an adjudicatory hearing must be held within 90 days of a show cause hearing
under 41-3-432. Adjudication may take place at the show cause hearing if the requirements of subsection (2)
are met or may be made by prior stipulation of the parties pursuant to 41-3-434 and order of the court.
Exceptions to the time limit may be allowed only in cases involving newly discovered evidence, unavoidable
delays, stipulation by the parties pursuant to 41-3-434, and unforeseen personal emergencies.
(2) The court may make an adjudication on a petition under 41-3-422 if the court determines by a
preponderance of the evidence, except as provided in the federal Indian Child Welfare Act or the Montana
Indian Child Welfare Act provided for in Title 41, chapter 3, part 13, if applicable, that the child is a youth in
need of care. Except as otherwise provided in this part, the Montana Rules of Civil Procedure and the Montana
Rules of Evidence apply to adjudication and to an adjudicatory hearing. Adjudication must determine the nature
of the abuse and neglect and establish facts that resulted in state intervention and upon which disposition, case
work, court review, and possible termination are based.
(3) The court shall hear evidence regarding the residence of the child, paternity, if in question, the
whereabouts of the parents, guardian, or nearest adult relative, and any other matters the court considers
relevant in determining the status of the child. Hearsay evidence of statements made by the affected youth is
admissible according to the Montana Rules of Evidence.
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ENROLLED BILL
(4) In a case in which abandonment has been alleged by the county attorney, the attorney general,
or an attorney hired by the county, the The court shall hear offered evidence, including evidence offered by a
person appearing pursuant to 41-3-422(9)(a) or (9)(b), regarding any of the following subjects:
(a) the extent to which the child has been cared for, nurtured, or supported by a person other than
the child's parents; and
(b) whether the child was placed or allowed to remain by the parents with another person for the
care of the child, and, if so, then the court shall accept evidence regarding:
(i) the intent of the parents in placing the child or allowing the child to remain with that person;
(ii) the continuity of care the person has offered the child by providing permanency or stability in
residence, schooling, and activities outside of the home; and
(iii) the circumstances under which the child was placed or allowed to remain with that other
person, including:
(A) whether a parent requesting return of the child was previously prevented from doing so as a
result of an order issued pursuant to Title 40, chapter 15, part 2, or of a conviction pursuant to 45-5-206; and
(B) whether the child was originally placed with the other person to allow the parent to seek
employment or attend school.
(5) In all civil and criminal proceedings relating to abuse or neglect, the privileges related to the
examination or treatment of the child do not apply, except the attorney-client privilege granted by 26-1-803 and
the mediation privilege granted by 26-1-813.
(6) (a) If the court determines that the child is not an abused or neglected child, the petition must
be dismissed and any order made pursuant to 41-3-427 or 41-3-432 must be vacated.
(b) If the child is adjudicated a youth in need of care, the court shall set a date for a dispositional
hearing to be conducted within 20 days, as provided in 41-3-438(1), and order any necessary or required
investigations. The court may issue a temporary dispositional order pending the dispositional hearing. The
temporary dispositional order may provide for any of the forms of relief listed in 41-3-427(2).
(7) (a) Before making an adjudication, the court may make oral findings, and following the
adjudicatory hearing, the court shall make written findings on issues, including but not limited to the following:
(i) which allegations of the petition have been proved or admitted, if any;
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ENROLLED BILL
(ii) whether there is a legal basis for continued court and department intervention; and
(iii) whether the department has made reasonable efforts to avoid protective placement of the child
or to make it possible to safely return the child to the child's home.
(b) The court may order:
(i) terms for visitation, support, and other intrafamily communication pending disposition if the
child is to be placed or to remain in temporary out-of-home care prior to disposition;
(ii) examinations, evaluations, or counseling of the child or parents in preparation for the
disposition hearing that does not require an expenditure of money by the department unless the court finds
after notice and a hearing that the expenditure is reasonable and that resources are available for payment. The
department is the payor of last resort after all family, insurance, and other resources have been examined.
(iii) the department to evaluate the noncustodial parent or relatives as possible caretakers, if not
already done;
(iv) the perpetrator of the alleged child abuse or neglect to be removed from the home to allow the
child to remain in the home; and
(v) the department to continue efforts to notify noncustodial parents.
(8) If a proceeding under this chapter involves an Indian child and is subject to the federal Indian
Child Welfare Act or the Montana Indian Child Welfare Act, a qualified expert witness is required to testify that
the continued custody of the Indian child by the parent or Indian custodian is likely to result in serious emotional
or physical damage to the Indian child. (Terminates June 30, 2025--sec. 55, Ch. 716, L. 2023.)
41-3-437. (Effective July 1, 2025) Adjudication -- temporary disposition -- findings -- order. (1)
Upon the filing of an appropriate petition, an adjudicatory hearing must be held within 90 days of a show cause
hearing under 41-3-432. Adjudication may take place at the show cause hearing if the requirements of
subsection (2) are met or may be made by prior stipulation of the parties pursuant to 41-3-434 and order of the
court. Exceptions to the time limit may be allowed only in cases involving newly discovered evidence,
unavoidable delays, stipulation by the parties pursuant to 41-3-434, and unforeseen personal emergencies.
(2) The court may make an adjudication on a petition under 41-3-422 if the court determines by a
preponderance of the evidence, except as provided in the federal Indian Child Welfare Act, if applicable, that
the child is a youth in need of care. Except as otherwise provided in this part, the Montana Rules of Civil
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ENROLLED BILL
Procedure and the Montana Rules of Evidence apply to adjudication and to an adjudicatory hearing.
Adjudication must determine the nature of the abuse and neglect and establish facts that resulted in state
intervention and upon which disposition, case work, court review, and possible termination are based.
(3) The court shall hear evidence regarding the residence of the child, paternity, if in question, the
whereabouts of the parents, guardian, or nearest adult relative, and any other matters the court considers
relevant in determining the status of the child. Hearsay evidence of statements made by the affected youth is
admissible according to the Montana Rules of Evidence.
(4) In a case in which abandonment has been alleged by the county attorney, the attorney general,
or an attorney hired by the county, the The court shall hear offered evidence, including evidence offered by a
person appearing pursuant to 41-3-422(9)(a) or (9)(b), regarding any of the following subjects:
(a) the extent to which the child has been cared for, nurtured, or supported by a person other than
the child's parents; and
(b) whether the child was placed or allowed to remain by the parents with another person for the
care of the child, and, if so, then the court shall accept evidence regarding:
(i) the intent of the parents in placing the child or allowing the child to remain with that person;
(ii) the continuity of care the person has offered the child by providing permanency or stability in
residence, schooling, and activities outside of the home; and
(iii) the circumstances under which the child was placed or allowed to remain with that other
person, including:
(A) whether a parent requesting return of the child was previously prevented from doing so as a
result of an order issued pursuant to Title 40, chapter 15, part 2, or of a conviction pursuant to 45-5-206; and
(B) whether the child was originally placed with the other person to allow the parent to seek
employment or attend school.
(5) In all civil and criminal proceedings relating to abuse or neglect, the privileges related to the
examination or treatment of the child do not apply, except the attorney-client privilege granted by 26-1-803 and
the mediation privilege granted by 26-1-813.
(6) (a) If the court determines that the child is not an abused or neglected child, the petition must
be dismissed and any order made pursuant to 41-3-427 or 41-3-432 must be vacated.
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ENROLLED BILL
(b) If the child is adjudicated a youth in need of care, the court shall set a date for a dispositional
hearing to be conducted within 20 days, as provided in 41-3-438(1), and order any necessary or required
investigations. The court may issue a temporary dispositional order pending the dispositional hearing. The
temporary dispositional order may provide for any of the forms of relief listed in 41-3-427(2).
(7) (a) Before making an adjudication, the court may make oral findings, and following the
adjudicatory hearing, the court shall make written findings on issues, including but not limited to the following:
(i) which allegations of the petition have been proved or admitted, if any;
(ii) whether there is a legal basis for continued court and department intervention; and
(iii) whether the department has made reasonable efforts to avoid protective placement of the child
or to make it possible to safely return the child to the child's home.
(b) The court may order:
(i) terms for visitation, support, and other intrafamily communication pending disposition if the
child is to be placed or to remain in temporary out-of-home care prior to disposition;
(ii) examinations, evaluations, or counseling of the child or parents in preparation for the
disposition hearing that does not require an expenditure of money by the department unless the court finds
after notice and a hearing that the expenditure is reasonable and that resources are available for payment. The
department is the payor of last resort after all family, insurance, and other resources have been examined.
(iii) the department to evaluate the noncustodial parent or relatives as possible caretakers, if not
already done;
(iv) the perpetrator of the alleged child abuse or neglect to be removed from the home to allow the
child to remain in the home; and
(v) the department to continue efforts to notify noncustodial parents.
(8) If a proceeding under this chapter involves an Indian child and is subject to the federal Indian
Child Welfare Act, a qualified expert witness is required to testify that the continued custody of the child by the
parent or Indian custodian is likely to result in serious emotional or physical damage to the child."
Section 2. Effective date. [This act] is effective on passage and approval.
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I hereby certify that the within bill,
SB 249, originated in the Senate.
___________________________________________
Secretary of the Senate
___________________________________________
President of the Senate
Signed this _______________________________day
of____________________________________, 2025.
___________________________________________
Speaker of the House
Signed this _______________________________day
of____________________________________, 2025.
SENATE BILL NO. 249
INTRODUCED BY D. LENZ
AN ACT REVISING CHILD ABUSE AND NEGLECT LAWS INVOLVING ADJUDICATION; REQUIRING THAT A
COURT HEAR ADDITIONAL EVIDENCE FROM INDIVIDUALS CARING FOR A CHILD; AMENDING SECTION
41-3-437, MCA; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE.