[{"_1":2,"_100":-5,"_101":-5},"loaderData",{"_3":4,"_26":27},"root",{"_5":6,"_17":10,"_18":19,"_20":21,"_22":10,"_23":-5,"_24":-5,"_25":10},"user",{"_7":8,"_9":10,"_11":10,"_12":-5,"_13":-5,"_14":15,"_16":-5},"roles",[],"isAuthenticated",false,"isPremium","planName","subscriptionStatus","featureFlags",{},"insightsBudget","isDevelopmentHost","userPreferences",{},"recaptchaSiteKey","6LcvOJcUAAAAAHsB-gPGfGktcRlKpH7OTIU_dMTD","isImpersonating","impersonation","affiliateStatus","isFreedomPortal","routes/v2/article/layout",{"_28":29,"_30":31},"notFound",true,"relatedArticles",[32,76,88],{"_33":34,"_35":36,"_37":38,"_39":40,"_41":42,"_43":44,"_45":46,"_47":48,"_49":50,"_51":52,"_53":54,"_55":56,"_57":58,"_59":60,"_61":62,"_63":64,"_65":66,"_67":68,"_69":70,"_71":72,"_73":74,"_75":74},"mediaId",6621356,"mediaKeyId","2802937-dfd9f2565565fc9134a64c71b37a614c","parentId",2802937,"title","Sponsor: require child-welfare affidavits to show criminal-case dispositions; DPHHS warns timing, discovery issues","audioSeconds",559,"startMs",5176000,"endMs",5735000,"viewUrl","/Search/View?dp=1&key=2802937-dfd9f2565565fc9134a64c71b37a614c&start=5176&end=5735","thumbnailUrl","https://assets.pipeline.soar.com/2802937-dfd9f2565565fc9134a64c71b37a614c/thumbnail_5176000.jpg","articleUrl","/articles/6621356/Montana/Sponsor-require-child-welfare-affidavits-to-show-criminal-case-dispositions-DPHHS-warns-timing-discovery-issues","mediaUrl","https://secure.pipeline.soar.com/6621356-a3ea143c6b3c9de80ba0f5558427af24/orig.mp4?Expires=1775446453&Signature=IKa3DOPaCyxCDwGv2YNnBKcF4RaKmkeWNesn1gTpV9jpHH4~lj27ZtH0GSh2CJ8JBdPmRJ6mSIKVHGmW~-x5AjahW-rxgK5uDSBylU9nHv0giHu6WNv2y~Uu9~WTtU-2kpc-~n7bSeyha9UxpKathrG~Bkm2ydUnQR-DfeFcF61ZfFI3CKWeEfOOMr0LO8zF9kZlnhS~HQL-rfcAvyQd8Z53WcmFvQtflwQfNp4WA66R7zQJNCApF1DMs2p9Ph9a1hmcUgtZYW-fYTqmf0Kn6Jz1aBHpYEbzuKD6FndJSXrBMZshp0ACs2KWPKwjcLjlc3AuQphzRuaTviJ6bqU5Mg__&Key-Pair-Id=KUT5TJCACFTXG","author","Montana Legislature","date","2025-03-27T00:00:00Z","article","Sen. Daniel Emmerich of Great Falls introduced Senate Bill 231 to the House Committee on Human Services, proposing that affidavits filed by the Department of Public Health and Human Services in child abuse and neglect proceedings should include disposition information, if available, for any criminal case referenced.

Purpose and sponsor's rationale: Emmerich told the committee the bill is intended to make the facts in affidavits more accurate and current. He said prior cases show affidavits sometimes include allegations from prior CPS contacts that have since been disproven or changed and that misleading prior allegations can affect removal decisions. ‘‘This affidavit is what they use to state their reasons for removal,’’ he said.

Agency response: Nikki Grossberg, Division Administrator for Child and Family Services at DPHHS, opposed the bill. She told the committee the department cannot control when attorneys file an affidavit and noted facts can change between the time a report is written and when an affidavit is filed. Grossberg said factual updates are addressed in court through testimony and discovery and that an attorney opposing the affidavit can cross-examine the affiant. She also said disposition information for criminal matters is typically available through discovery and other existing processes.

Committee exchange: Committee members asked questions about the bill's original language and whether the measure would reinsert language requiring affidavits to include information that contradicts or disproves allegations. The sponsor said the original draft was simplified after discussion with stakeholders and indicated members could amend to restore additional language if desired.

Outcome: The hearing record shows debate between the sponsor and agency staff, but it does not record votes or committee action. The bill remains under committee consideration.

","mediaType","Video","parentTitle","House Human Services - Mar 27, 2025 16:00 - 19:00","oneSentenceSummary","Sen. Daniel Emmerich of Great Falls introduced Senate Bill 231 to require the Department of Public Health and Human Services to include disposition information in child-welfare affidavits for any criminal cases referenced, if available.","taxTitle","2025 Legislature MT, Montana","taxId",77694,"location","Montana","headline","","shortSummary",{"_33":77,"_35":36,"_37":38,"_39":78,"_41":79,"_43":80,"_45":81,"_47":82,"_49":83,"_51":84,"_53":85,"_55":56,"_57":58,"_59":86,"_61":62,"_63":64,"_65":87,"_67":68,"_69":70,"_71":72,"_73":74,"_75":74},6621359,"Montana hearing draws broad tribal, legal and health support to remove sunset on state Indian Child Welfare law",4760,310000,5070000,"/Search/View?dp=1&key=2802937-dfd9f2565565fc9134a64c71b37a614c&start=310&end=5070","https://assets.pipeline.soar.com/2802937-dfd9f2565565fc9134a64c71b37a614c/thumbnail_310000.jpg","/articles/6621359/Montana/Montana-hearing-draws-broad-tribal-legal-and-health-support-to-remove-sunset-on-state-Indian-Child-Welfare-law","https://secure.pipeline.soar.com/6621359-c50845107e15b88e13ddea88573ef8bb/orig.mp4?Expires=1775446453&Signature=Jg96kAHxjXMVWbvuP9652GAdw4CqpCDVG0nx1aiHSy4r-I9T4IQY9VjXL0ftvqTBgBX8wPVV3AvySpvwD6gN6IU1SPy1rA2G~6qyOsCLkgL83SM1s~lXfLnT~0UF6TsLOx9BvSShqN7Ts5kShK~aWQBywg0mWYsA53Dh8zhZK6GqFpBBOjEkG03ZQCysP7Q2W3HtNX9nbNC22fhZJZg11SEGFUTKEGvLjMhP93jVd3fPMIekuOvbF1l~MBU1F6g0EiEwpE-a80Q1E5Jlv9ygTnkCaue~iRJBRtexcknTVzwIUa4WwpLMOcqhqFRexnMesifFZTADEzObUem8mfHlrg__&Key-Pair-Id=KUT5TJCACFTXG","Sen. Jonathan Windiboy, sponsor and a member of the Senate from District 16, opened a hearing in the House Committee on Human Services on Senate Bill 147 seeking to remove the 2025 sunset from the Montana Indian Child Welfare Act and to make related statutory refinements.

Proponents representing multiple tribal governments, legal organizations and health providers urged the committee to give SB 147 a due pass. Alissa Snow, representing the Blackfeet Tribe, Fort Belknap Indian Community and Chippewa Cree Tribe of Rocky Boy, told the committee the tribes ‘‘stand here today in strong support of Senate Bill 147’’ and said the law requires state child and family services to consult with tribal nations on placement of Indigenous children. Marci McLean of the ACLU of Montana summarized state data in the hearing record, saying that ‘‘Indian children represent 12% of the population but constitute over 30% of the children in foster care’’ and are removed ‘‘3.2 times higher than non-native children.’’

Why the bill matters: supporters said Montana-specific statutory language is needed in addition to the federal Indian Child Welfare Act (ICWA) to provide detailed guidance for social workers, assure tribal consultation and preserve children's cultural identity. Several witnesses described ‘‘heritage guidance plans’’ and annual guardianship reports as mechanisms to keep Indian children connected to tribal culture, elders, language and ceremonies even when they live off-reservation.

Legal and practice changes discussed: attorneys and court practitioners detailed provisions they said are central to the bill. Kelly Driscoll, bureau chief for OPD's Family Defense Bureau and a drafter of the legislation, highlighted the bill's active-efforts section, which she said ‘‘gives specific guidance to the department's social workers on the steps that they need to take to help a family’’ to prevent separation and to support reunification. Brooke Barker Taylor, an assistant attorney general who has worked in ICWA courts, described proposed guardianship-report language as a tool for tribes and guardians to maintain communication and monitor a child's ongoing access to cultural resources.

Unique or new provisions: witnesses emphasized aspects of the Montana law that go beyond federal ICWA, including (as described in testimony) tribe-invited designation of qualified expert witnesses (QEW) to advise courts on tribe-specific child-rearing practices, and heritage guidance plans that are intended to be nonbinding but durable mechanisms to preserve tribal ties. Skeeter He Does It, described in the record as a designated QEW for the Crow Tribe, asked the committee to consider a narrow amendment allowing prosecutors to provide an offer of proof of QEW testimony when parties stipulate, to limit hearing time when witnesses are scarce.

Agency concerns and suggested fixes: Nikki Grossberg, Division Administrator for Child and Family Services at the Department of Public Health and Human Services, said she supports removing the sunset but asked for two technical changes in the amendment packet the department provided. She requested (1) clarifying statutory alignment with existing law on conditional relinquishments and adoption/visitation provisions (to avoid unintended conflicts with Title 40 provisions governing consents and conditional relinquishments) and (2) that language in section 4 regarding courts' authority to require guardianship reports be discretionary (\"may\" rather than \"shall\") and include a process for a guardian or prospective guardian to be heard before the court makes a compliance determination.

Drafting errors and procedural clarifications: those who helped draft SB 147 acknowledged one drafting mistake: an unintended deletion of the transfer-of-jurisdiction language. Brooke Barker Taylor said a scrivener's error removed language about vacating transfer orders and that the committee should restore the earlier text so that when a tribe declines jurisdiction the state court retains the case rather than vacating the prior order.

Fiscal and implementation notes: Senator Windiboy noted a fiscal note referenced in testimony and comments, quoting an approximate figure of $210,000 being discussed in internal materials. Witnesses repeatedly framed SB 147 as state legislation that complements federal ICWA and provides clear, Montana-specific direction for social workers, courts and tribes.

Hearing outcome and next steps: the committee heard more than two dozen proponents in person and online and one department representative who offered technical edits. No committee vote or final action was recorded in the hearing transcript. The bill remains before the House Committee on Human Services pending amendments and future committee action.

","Sen. Jonathan Windiboy, sponsor and a member of the Senate from District 16, opened a hearing in the House Committee on Human Services on Senate Bill 147 seeking to remove the 2025 sunset from the Montana Indian Child Welfare Act and to make related statutory refinements.",{"_33":89,"_35":36,"_37":38,"_39":90,"_41":91,"_43":92,"_45":93,"_47":94,"_49":95,"_51":96,"_53":97,"_55":56,"_57":58,"_59":98,"_61":62,"_63":64,"_65":99,"_67":68,"_69":70,"_71":72,"_73":74,"_75":74},6621352,"Representative proposes statewide study of guardianship and conservatorship oversight after fraud and inconsistency concerns",799,5831000,6630000,"/Search/View?dp=1&key=2802937-dfd9f2565565fc9134a64c71b37a614c&start=5831&end=6630","https://assets.pipeline.soar.com/2802937-dfd9f2565565fc9134a64c71b37a614c/thumbnail_5831000.jpg","/articles/6621352/Montana/Representative-proposes-statewide-study-of-guardianship-and-conservatorship-oversight-after-fraud-and-inconsistency-concerns","https://secure.pipeline.soar.com/6621352-34a182682aeb1934092d8f28407b008a/orig.mp4?Expires=1775446453&Signature=Rq6e0DBbRXYMWVXHCw-QRJqjhJ8qGpjheqKfLMPr6SWxWH~c~dHICcqmPOMVHDgWt6Ax36xsyV4wNE0gFavUbx445eNTDg2xxf1A62jdeioZkff7D80KnrY4YId14PUXbMia4te8YWVTVkNV-xYx2iGlSin7v0TgUSf7AH5mLfxpG4O~kNHCIAtkIMG0ZBLxFQgR76M93PnWBDP15bz7EqtugDtCVd6r88N4-I4OU0L~DLP31CS3xYish2ubYujEXPt4EwT3oDlwS-Jnq4dGxkJRoIahNULZXTkSr3LDEogHZsvAJPiKfNUDUgcLY~X6DdK4m6wtuJh724gomnYi-w__&Key-Pair-Id=KUT5TJCACFTXG","Representative Brian Close (House District 65) introduced House Joint Resolution 26 to request an interim study of Montana's guardianship and conservatorship system. Close told the committee the statutory framework for appointing guardians and conservators lacks standardized licensing, auditing and consistent reporting and that the gap creates risk for vulnerable adults and their assets.

Why the study: Close said guardians are often appointed after extensive court procedures but that follow-up oversight is limited. He cited cases in which professional fiduciaries or informal guardians improperly handled wards' assets and noted that local courts and county attorneys have limited capacity to audit every conservatorship. He told the committee that other states, including Oregon and Minnesota, audit conservatorships on a recurring schedule and that Montana should study whether similar models or licensing could work here.

Proponents: Trevor Tangen, bureau chief for Adult Protective Services at DPHHS, said APS manages guardianship for about 75 wards across 17 counties and supported a comprehensive interim review of resources, best practices and stakeholder input. Trent Bolger, executive director of Big Sky 55, urged support and related a family example in which a spouse had to hire counsel after unrelated relatives filed a conservatorship petition based on a form bought online.

Scope and next steps: Close asked the committee to advance HJ 26 so a working group can examine current rules, examine other states' models, and propose legislative options for licensing, auditing or other oversight reforms. Committee members expressed interest; no vote was recorded in the hearing transcript.

","Rep. Brian Close asked the House Committee on Human Services to authorize an interim study (HJ 26) of Montana's guardianship and conservatorship system, citing lack of licensing, inconsistent court oversight, and examples of financial abuse. DPHHS and elder-advocacy groups supported the study.","actionData","errors"]

Article not found

Sponsor: require child-welfare affidavits to show criminal-case dispositions; DPHHS warns timing, discovery issues

Montana hearing draws broad tribal, legal and health support to remove sunset on state Indian Child Welfare law

Representative proposes statewide study of guardianship and conservatorship oversight after fraud and inconsistency concerns