Create rules of conduct for child protection specialists

- 2025
69th Legislature 2025 SB0272.2
- 1 - Authorized Print Version – SB 272
1 SENATE BILL NO. 272
2 INTRODUCED BY D. EMRICH, T. MANZELLA
3
4 A BILL FOR AN ACT ENTITLED: “AN ACT ESTABLISHING RULES OF CONDUCT FOR CHILD
5 PROTECTION SPECIALISTS; PROVIDING FOR COMPLAINTS TO BE FILED WITH THE COMMISSIONER
6 OF POLITICAL PRACTICES; AUTHORIZING THE COMMISSIONER OF POLITICAL PRACTICES TO
7 INVESTIGATE COMPLAINTS; AUTHORIZING THE DEPARTMENT OF PUBLIC HEALTH AND HUMAN
8 SERVICES TO DISCLOSE CASE INFORMATION TO THE COMMISSIONER OF POLITICAL PRACTICES
9 FOR THE PURPOSE OF INVESTIGATING COMPLAINTS; ESTABLISHING THAT AN INFORMAL
10 CONTESTED HEARING RELATED TO ALLEGED VIOLATIONS OF THE RULES OF CONDUCT IS NOT
11 OPEN TO THE PUBLIC AND CERTAIN DOCUMENTS ARE NOT PUBLIC INFORMATION; AND AMENDING
12 SECTIONS 2-2-136 AND 41-3-205, MCA.”
13
14 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
15
16 (Refer to Introduced Bill)
17 Strike everything after the enacting clause and insert:
18
19 NEW SECTION. Section 1. Rules of conduct for child protection specialists. (1) A child
20 protection specialist or applicant for certification as a child protection specialist pursuant to 41-3-127 through
21 41-3-130 may not:
22 (a) threaten a person with criminal charges to deter the person from contesting any matter in a
23 child abuse and neglect proceeding; or
24 (b) prevent a person from becoming a foster placement or guardian for a child solely because that
25 person has:
26 (i) offered advice to a parent or foster parent in opposition to the department;
27 (ii) recommended that a person being investigated by the department obtain a lawyer; or
28 (iii) offered testimony to a public body, including a legislative interim committee or standing
- 2025
69th Legislature 2025 SB0272.2
- 2 - Authorized Print Version – SB 272
1 committee.
2 (2) A child protection specialist or applicant for certification as a child protection specialist pursuant
3 to 41-3-127 through 41-3-130 shall, when coordinating services or evaluations for a parent or child, utilize
4 unbiased professionals with qualifications relevant to the needs of the parent or child.
5 (3) A violation of any rule enumerated in this section is considered a breach of public duty. If a
6 violation is alleged, the parent, guardian, or other person having physical or legal custody of a child may file a
7 complaint with the child and family ombudsman pursuant to 41-3-216.
8
9 NEW SECTION. Section 2. Codification instruction. [Section 1] is intended to be codified as an
10 integral part of Title 41, chapter 3, part 1, and the provisions of Title 41, chapter 3, part 1, apply to [section 1].
11 - END -