Montana SB 181: Require notice of parent legal rights in child protective services cases

Bill Text

Amendment - Reference-white - Requested by: Governor - (S) Committee of Whole
- 2023
68th Legislature 2023 Drafter: Todd Everts, 406-444-4023 SB0181.003.001

- 1 - Authorized Print Version – SB 181

SENATE BILL NO. 181 1
INTRODUCED BY D. LENZ 2
3
A BILL FOR AN ACT ENTITLED: “AN ACT PROVIDING FOR THE PROVISION OF CERTAIN INFORMATION 4
ON INITIAL CONTACT WITH TO A PARENT, GUARDIAN, OR OTHER PERSON HAVING PHYSICAL OR 5
LEGAL CUSTODY OF A CHILD WHO IS THE SUBJECT OF A CHILD ABUSE OR NEGLECT 6
INVESTIGATION.” 7
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA: 9
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NEW SECTION. Section 1. Provision of information about investigation procedure and rights 11
to parents. (1) On first contact with a parent, guardian, or other person having physical or legal custody of a 12
child who is the subject of an investigation under 41-3-202 ON REMOVAL OF A CHILD, the department shall 13
verbally advise the parent, guardian, or other person having physical or legal custody of a child: 14
(a) of the specific complaint or allegation made against the parent, guardian, or other person 15
having physical or legal custody of a child; 16
(b) of the fundamental rights of parents under 40-6-701 and 40-4-227 to direct the upbringing, 17
education, health care, and mental health of their children without government interference, but this right should 18
yield to the best interests of the child when the parent's conduct is contrary to the child-parent relationship; 19
(c) of the right to seek counsel at any time and to consult with counsel before signing any 20
documents; AND 21
(d) that the parent, guardian, or other person having physical or legal custody of a child is not 22
required to permit an investigator from the department to enter the home or submit to a drug or alcohol test, 23
unless ordered to do so by the court; 24
(e) that the parent, guardian, or other person having physical or legal custody of a child is not 25
required to speak with the investigator and any statements may be used in an administrative or court 26
proceeding; and 27
(f) that the parent, guardian, or other person having physical or legal custody of a child may 28

Amendment - Reference-white - Requested by: Governor - (S) Committee of Whole
- 2023
68th Legislature 2023 Drafter: Todd Everts, 406-444-4023 SB0181.003.001

- 2 - Authorized Print Version – SB 181

record any interactions with a department employee if the parent, guardian, or other person having physical or 1
legal custody of a child informs the department employee that the interaction is being recorded 2
(D) THAT THE PARENT, GUARDIAN, OR OTHER PERSON HAVING PHYSICAL OR LEGAL CUSTODY OF A CHILD: 3
(I) IS NOT REQUIRED TO PERMIT AN INVESTIGATOR FROM THE DEPARTMENT TO ENTER THE HOME OR 4
SUBMIT TO A DRUG OR ALCOHOL TEST, UNLESS ORDERED TO DO SO BY THE COURT; 5
(II) IS NOT REQUIRED TO SPEAK WITH THE INVESTIGATOR AND ANY STATEMENTS MAY BE USED IN AN 6
ADMINISTRATIVE OR COURT PROCEEDING; AND 7
(III) MAY RECORD ANY INTERACTIONS WITH A DEPARTMENT EMPLOYEE IF THE PARENT, GUARDIAN, OR 8
OTHER PERSON HAVING PHYSICAL OR LEGAL CUSTODY OF A CHILD INFORMS THE DEPARTMENT EMPLOYEE THAT THE 9
INTERACTION IS BEING RECORDED. 10
(d) that during any removal of a child, the parent, guardian, or other person having physical or 11
legal custody of a child may record any interactions with a department employee if the parent, guardian, or 12
other person having physical or legal custody of a child informs the department employee that the interaction is 13
being recorded. The act of recording may not obstruct the department employee or others responsible for 14
removal of a child, and the recording may not be published in any manner without the express written consent 15
of any department employee or other individuals recorded unless court ordered. 16
(2) On first contact DURING INITIAL INTERACTIONS with the parent, guardian, or other person having 17
physical or legal custody of a child who is the subject of an investigation under 41-3-202 Upon initiation of an 18
investigation of alleged abuse or neglect conducted pursuant to 41-3-202(1)(c), but no later than 48 hours 19
thereafter, the department shall provide the parent, guardian, or other person having physical or legal custody 20
of a child with a brief and easily understood CLEAR written description of: 21
(a) the allegation that prompted the investigation; 22
(b) the investigation process that includes: 23
(i) a statement that the department is undertaking the investigation pursuant to 41-3-202 in 24
response to a report of child abuse or neglect; 25
(A) OF THE RIGHT TO SEEK COUNSEL AT ANY TIME AND TO CONSULT WITH COUNSEL BEFORE SIGNING ANY 26
DOCUMENTS; 27
(B) THAT THE PARENT, GUARDIAN, OR OTHER PERSON HAVING PHYSICAL OR LEGAL CUSTODY OF A CHILD IS 28

Amendment - Reference-white - Requested by: Governor - (S) Committee of Whole
- 2023
68th Legislature 2023 Drafter: Todd Everts, 406-444-4023 SB0181.003.001

- 3 - Authorized Print Version – SB 181

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