Establish central registry for individuals who are the subject of a substantiated report of child abuse or neglect

- 2025
69th Legislature 2025 SB 468
- 1 - Authorized Print Version – SB 468
ENROLLED BILL
AN ACT PROVIDING FOR A STATEWIDE CENTRAL REGISTRY FOR SUBSTANTIATED REPORTS OF
CHILD ABUSE OR NEGLECT; ESTABLISHING PROCEDURES FOR EXPUNGEMENT FROM THE
CENTRAL REGISTRY; PROVIDING DEFINITIONS; ESTABLISHING REPORTING REQUIREMENTS; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the 5th and 14th Amendments to the United States Constitution prohibit governments from
depriving individuals of their liberty or property interests without due process of the law; and
WHEREAS, this state has established procedures for collecting and maintaining child abuse and
neglect investigation records in a central registry that includes the identities of individuals alleged to have
abused or neglected a child; and
WHEREAS, the names maintained in Montana's central registry may be disclosed to certain third
parties in the course of background checks related to an individual's employment, licensure, and volunteer
activities; and
WHEREAS, the disclosures may have a significant negative impact on an individual's liberty and
property interests, including the loss or denial of employment and the loss of reputation in the community; and
WHEREAS, the Legislature wishes to ensure that this state's procedures for listing individuals on the
central registry comport with constitutional due process requirements.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Central registry -- purpose -- determinations. (1) There is established a statewide
central registry to maintain information on individuals who are the subject of substantiated determinations of
child abuse or neglect. The information may be made available during a background check of an individual as
provided for in 41-3-205 and may affect the individual's ability to volunteer or obtain employment or licensure in
- 2025
69th Legislature 2025 SB 468
- 2 - Authorized Print Version – SB 468
ENROLLED BILL
areas in which the individual may have unsupervised contact with children, such as child care, foster care, or
group home care.
(2) For the purposes of [sections 1 and 2], a determination of child abuse or neglect must be
categorized according to the following definitions:
(a) (i) "Substantiated" means that the department has investigated the reported act of child abuse
or neglect and determined by a preponderance of the evidence that an act of child abuse or neglect occurred.
(ii) The subject of a substantiated determination may be added to the central registry and must be
notified of the consequences of being listed in the central registry, as well as the subject's rights and
procedures for requesting expungement from the central registry.
(b) "Unfounded" means that the department has investigated the reported act of child abuse or
neglect and there is no evidence to corroborate the report.
(c) "Unsubstantiated" means that the department has investigated the reported act of child abuse
or neglect and is unable to determine by a preponderance of the evidence that an act of child abuse or neglect
occurred.
Section 2. Expungement from central registry -- report to legislature. (1) An individual listed in
the central registry may request to have the individual's name expunged from the central registry by submitting
a written request to the department accompanied by an affidavit sworn to by a person with personal knowledge
stating facts sufficient to show that there is good cause for expungement. Good cause includes but is not
limited to:
(a) newly discovered evidence that a substantiated report of child abuse or neglect is inaccurate;
(b) evidence that the requester no longer poses a risk and that no significant public purpose is
served by continued listing of the requester in the state's central registry;
(c) evidence that the underlying case on which the substantiated determination was based was
closed or dismissed, resulting in reunification, and the requester no longer poses a risk to children;
(d) evidence that circumstances that contributed to the finding of abuse or neglect no longer exist;
or
(e) evidence that actions taken by the requester since the incident of abuse or neglect prevent the
reoccurrence of abuse or neglect.
- 2025
69th Legislature 2025 SB 468
- 3 - Authorized Print Version – SB 468
ENROLLED BILL
(2) (a) An administrator of the department shall review the request within 30 days of receiving the
request and determine whether to grant the request.
(b) If the request is granted, the department shall expunge the requester's name from the central
registry within 30 days and shall:
(i) destroy any written electronic or hardcopy records of the department related to the requester's
substantiation determination; and
(ii) notify the requester and other entities, if appropriate, that the expungement process has been
completed.
(c) If the request is denied, the department shall notify the requester in writing within 30 days and
shall notify the requester of the right to petition the district court for expungement under subsection (3).
(3) (a) An individual whose written request for expungement has been denied by the department
pursuant to subsection (2) may petition the district court in the county in which the individual resides, requesting
that the court expunge the individual's name from the central registry. The petition must name the department
as a respondent and must be accompanied by an affidavit sworn to by a person with personal knowledge
stating facts sufficient to show that there is good cause for expungement as provided in subsection (1).
(b) The court shall hold a hearing on the petition and any response provided by the department
unless a hearing is waived by agreement of the parties. At the hearing, the petitioner must be afforded an
opportunity to present evidence supporting the petitioner's request for expungement.
(c) If the court finds that the petitioner has established good cause for expunging the petitioner's
name from the central registry, the court shall grant the petition and shall order the department to:
(i) expunge the petitioner's name from the central registry within 30 days:
(ii) destroy any written, electronic, or hardcopy records of the department related to the petitioner's
substantiation determination; and
(iii) notify the petitioner, the court, and other entities, if appropriate, that the expungement process
has been completed.
(4) An individual who is listed in the central registry shall wait 2 years from the date of the original
substantiation determination before requesting expungement.
(5) If an individual's request for expungement under this section is denied, the individual shall wait
- 2025
69th Legislature 2025 SB 468
- 4 - Authorized Print Version – SB 468
ENROLLED BILL
2 years before submitting another request for expungement.
(6) (a) An individual listed in the state's central registry prior to [the effective date of this act] may
request to have the individual's name expunged from the central registry by following the procedures described
in this section.
(b) The department shall notify all individuals listed in the central registry on [the effective date of
this act] of the right to request expungement under this section.
(7) Procedures for the expungement of central registry records, as well as updated phone
numbers, addresses, and other contact information for the district court and other relevant parties, must be
accessible to the public online and posted in a place that is open for public viewing in child and family services
offices.
(8) Nothing in this section constitutes a waiver of any right or remedy otherwise available to an
individual seeking expungement under this section.
(9) By September 1 of each year, the department shall report to the children, families, health, and
human services interim committee in accordance with 5-11-210 on the following:
(a) the total number of individuals listed in the registry;
(b) the number of individuals added to the registry in the past calendar year;
(c) the number of individuals who requested expungement from the registry in the past calendar
year, including the number of:
(i) first-time expungement requests submitted pursuant to subsection (4); and
(ii) second or subsequent requests submitted pursuant to subsection (5);
(d) the number of expungement requests granted in the past calendar year, including the number
of granted expungement requests that are:
(i) first-time requests pursuant to subsection (4); and
(ii) second or subsequent requests submitted pursuant to subsection (5); and
(e) the number of expungement requests denied in the past calendar year, including:
(i) the number of denied expungement requests that are:
(A) first-time requests pursuant to subsection (4); and
(B) second or subsequent requests pursuant to subsection (5); and
- 2025
69th Legislature 2025 SB 468
- 5 - Authorized Print Version – SB 468
ENROLLED BILL
(ii) the reason for each denied expungement request.
Section 3. Codification instruction. [Sections 1 and 2] are intended to be codified as a new part in
Title 41, chapter 3, and the provisions of Title 41, chapter 3, apply to [sections 1 and 2].
Section 4. Effective date. [This act] is effective July 1, 2025.
- END -
I hereby certify that the within bill,
SB 468, 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. 468
INTRODUCED BY D. LENZ
AN ACT PROVIDING FOR A STATEWIDE CENTRAL REGISTRY FOR SUBSTANTIATED REPORTS OF
CHILD ABUSE OR NEGLECT; ESTABLISHING PROCEDURES FOR EXPUNGEMENT FROM THE CENTRAL
REGISTRY; PROVIDING DEFINITIONS; ESTABLISHING REPORTING REQUIREMENTS; AND PROVIDING
AN EFFECTIVE DATE.