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MT SB156

Bill

Status

Failed

5/23/2025

Primary Sponsor

Daniel Emrich

Click for details

Origin

Senate

2025 Regular Session

AI Summary

  • Orders of adjudication, temporary legal custody, and long-term custody in child abuse and neglect cases would require "clear and convincing evidence" instead of the current "preponderance of the evidence" standard

  • Termination of parental rights would require "proof beyond a reasonable doubt" instead of the current "clear and convincing evidence" standard

  • Findings that preservation or reunification services are not necessary would require "proof beyond a reasonable doubt" rather than "clear and convincing evidence"

  • The bill amends eight sections of the Montana Code Annotated (MCA) related to child welfare proceedings, effective July 1, 2025

  • Federal Indian Child Welfare Act standards continue to apply when proceedings involve an Indian child, superseding these state evidentiary standards

Legislative Description

Generally revise evidentiary burdens related to child abuse and neglect cases

Judges and Justices

Last Action

(S) Died in Process

5/23/2025

Committee Referrals

Judiciary2/12/2025
Judiciary1/17/2025

Full Bill Text

No bill text available