Montana 2025 Regular Session

Montana Senate Bill SJ30

Introduced
4/8/25  
Refer
4/9/25  
Engrossed
4/24/25  
Refer
4/25/25  

Caption

Study the child abuse and neglect registry

Impact

The interim committee requested by SJ30 will explore several key areas, including monitoring the implementation of the expungement process established in Senate Bill 468 (2025). It will assess the notice and hearing processes for adding individuals to the registry, evaluate the time duration for listings, and consider individual rights during adjudications. This study seeks to protect both children's safety and the rights of individuals who may have been inaccurately listed in the registry. Furthermore, it aims to contribute to crafting legislation that will ensure fair treatment in the context of child abuse and neglect allegations.

Summary

Senate Joint Resolution 30 (SJ30) addresses the need for an interim study of Montana's child abuse and neglect registry. The resolution highlights that the federal Child Abuse Prevention and Treatment Act mandates states to maintain such a registry and provide a mechanism for individuals to be expunged from it. Currently, Montana's registry includes individuals without substantiated cases of abuse or neglect and lacks an effective expungement process that complies with federal requirements. This situation negatively affects job opportunities and community involvement for those listed, which underscores the need for reform.

Sentiment

The sentiment surrounding SJ30 is largely supportive, recognizing the need to update the existing child abuse registry to align with legal requirements and protect the rights of individuals. Stakeholders are concerned about the current practices that lead to the unfair stigmatization of people without substantiation, particularly regarding their employment and volunteer opportunities. The community benefits from a more accurate and just registry that allows safe individuals to contribute positively to family and community life. However, there remains a need for careful consideration to balance protective measures for children while ensuring fairness to individuals.

Contention

Notable points of contention surround the complexities of how the registry's expungement process will be managed and what legal rights individuals will retain during the process of being added to or removed from the registry. There is growing debate about the need for concurrent hearings and adequate legal representation when individuals face the possibility of being listed, which has implications for due process and fairness in these serious matters. The resolution calls for a comprehensive review and could lead to significant changes in how child abuse allegations are treated in Montana, impacting both child protection and individual rights.

Companion Bills

No companion bills found.

Previously Filed As

MT SB468

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

MT SB85

Relating to investigations of child abuse and neglect and the procedures for adding names to or removing names from the central registry of child abuse and neglect.

MT SB1195

Relating to the procedures for removing names from the central registry of child abuse and neglect.

MT HB2353

Relating To The Child Abuse And Neglect Central Registry.

MT HB694

Revise laws related to child abuse and neglect

MT SB256

Generally revise child abuse and neglect laws

MT SB463

Generally revise laws related to reporting of child abuse and neglect

MT SB50

Generally revise laws related to child abuse and neglect investigations

MT HB2601

Establishing a registry for child abuse and neglect to be maintained by the secretary for children and families, providing for registration and expungement processes that include administrative hearings and opportunities for subsequent appeals, requiring reports of abuse or neglect to include information regarding a custody dispute concerning the child who is the subject of the report and directing the secretary to submit a report to the legislature on such information.

MT SJ36

Study dependent neglect standards for prosecutors

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