SB 156 Montana Senate · 2025 Regular Session

Generally revise evidentiary burdens related to child abuse and neglect cases

SB 156 would change the required proof standards in Montana child abuse and neglect cases. It raises the evidence needed for temporary legal custody and long-term custody from "preponderance of the evidence" to "clear and convincing evidence," and increases the standard for terminating parental rights from "clear and convincing evidence" to "proof beyond a reasonable doubt." These changes directly affect child welfare cases involving custody decisions, the state (which files petitions), parents, and guardians. The bill amends Montana Code Annotated sections governing these proceedings to implement these revised standards.

Bill status died 3 of 5 stages cleared

Introduction

Jan 2025

Committee Review

Mar 2025

Senate Passage

Feb 2025

House Failed

Mar 2025

Governor

Introduced Jan 15, 2025 Last action May 23, 2025

Maddy AI version diff · 1 comparison

What changed between versions

LC1982.pdf → SB0156_1.pdf · 5 edits

MODERATE

This bill reorganizes and clarifies the types of relief available in child abuse and neglect petitions, expanding the list to include long-term custody, termination of parent-child relationships, and guardian appointments. It establishes specific burdens of proof for different stages of the case, such as requiring 'clear and convincing evidence' for terminating parental rights. The bill also strengthens procedural protections by mandating personal service of petitions on parents at least five days before a hearing and ensuring legal representation for unavailable parties.

Scope change

The bill expands the scope of relief available in abuse and neglect petitions to explicitly include long-term custody, termination of parental rights, and guardianship, whereas the previous version only listed immediate protection and temporary investigative authority.

REQUIREMENT

Added specific burdens of proof for different outcomes, including 'clear and convincing evidence' required to terminate a parent-child legal relationship.

Mandated that initial petitions and termination petitions be served personally on parents at least five days before a hearing.

Expanded the list of available petition reliefs to include long-term custody, termination of parental rights, and appointment of guardians.

Clarified that petitions can be modified for different relief at any time within the court's discretion.

Added provisions ensuring legal notice and the right to be heard for foster parents, preadoptive parents, and relatives caring for the child.

Floor votes · Senate Feb 11, 2025 · House Mar 26, 2025

How they voted

35–15

Passed

Total votes 50

Feb 11, 2025

D Democratic18

4 Yea 14 Nay

77% Nay

R Republican32

31 Yea 1 Nay

96% Yea

Vote distribution

All Yea All Nay Mixed No data

Full legislative history

Actions timeline

Total actions

Key actions

Committee

Mar 26, 2025

Vote failed

House Vote: fail (45-53-2)

house

Mar 20, 2025

Lower · Passed

(H) Committee Report - (H) Judiciary

lower

Mar 19, 2025

Lower · Passed

(H) Committee Executive Action - (H) Judiciary

lower

Feb 12, 2025

Committee

(H) Referred to Committee - (H) Judiciary

lower

Feb 11, 2025

Senate · Passed

Senate Vote: pass (35-15)

senate

Feb 3, 2025

Upper · Passed

(S) Committee Report - (S) Judiciary

upper

Feb 3, 2025

Upper · Passed

(S) Committee Executive Action - (S) Judiciary

upper

Jan 17, 2025

Committee

(S) Referred to Committee - (S) Judiciary

upper

Jan 15, 2025

Introduced

(S) Introduced

upper

1 primary · 0 co-sponsors