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Committee hears bill to codify child‑abuse case determinations and remove 'founded' category
Summary
Sen. Dennis Lenz introduced Senate Bill 402 to clarify and codify definitions for case determinations (substantiated, unsubstantiated, unfounded) in child abuse investigations; proponents and Department staff debated the meaning and employment implications of removing the 'founded' category.
Senator Dennis Lenz opened the hearing on Senate Bill 402, saying the measure aims to clarify statutory case‑determination language used by Child and Family Services after abuse investigations. The bill would define "substantiated," "unsubstantiated," and "unfounded" in statute and remove the separate category of "founded" from practice and rule.
Proponents — including Denise Johnson of the Montana Child Protection Alliance — told the committee the current use of "founded" had been confusing and sometimes less punitive in practice, but changes to the term in 2020 made it function like substantiated. "Founded also created a whole lot of confusion," Johnson said, and proponents urged codifying clear definitions so parents understand potential consequences such as employment impacts and registry entries.
Nikki Grossberg, Division Administrator for Child and Family Services, testified as an informational witness and said the agency’s administrative rule (37.47.0.602) currently treats the burden of proof for founded and substantiated the same. She explained that the statutory change would move many cases that were previously labeled "founded" into the "substantiated" category and that the primary change would affect whether a finding could influence employment and registry placement. "We will end up now moving all of our founded to the substantiation level so children would be protected at the same rate that would just impact the parents' employment," Grossberg said.
Why it matters: The bill would change how investigations are recorded and could affect registry and employment consequences for adults found to have abused or neglected children. Supporters said codified definitions reduce ambiguity; opponents did not appear in the hearing but witnesses acknowledged associated rule and registry work will follow if the definitions change.
Senator Lenz said the bill pairs with other bills on registry and expungement that may create a path to remove adverse records later. The committee heard a range of community comments urging the bill’s passage to protect families from unclear administrative labeling.
No committee action or vote was recorded during the hearing.
