Sponsor seeks to limit some background disclosures to substantiated CPS findings; proponents and licensing staff weigh in

Senator Dennis Lenz told the House Human Services Committee on March 17 that Senate Bill 256 would modify access rules for child abuse and neglect investigation records so disclosure to licensing or registering agencies would be limited to substantiated reports.

Lenz described the current CPS categories—substantiated, unsubstantiated, founded and unfounded—and said the bill seeks to ensure background checks and disclosures tied to licensing focus on substantiated findings to avoid long-term collateral consequences for people without substantiated reports.

Kyla Hailstone, representing the Montana Family Court Awareness Project, testified in support and described scenarios in family courts where lack of access to CPS findings can harm either a parent trying to defend against false accusations or a safe parent who cannot submit CPS findings showing the other parent's risk. Hailstone argued current departmental policy forms can restrict materials from use in civil family-law cases and that the bill would help ensure relevant materials can be made available in civil discovery when appropriate.

Tracy Moseman, administrator for the Early Childhood and Family Support Division, testified as an opponent/informational witness on licensing implications and said she was available to answer questions about child-care licensing background checks. Nikki Grossberg addressed the committee about system functionality and confirmed that the bill’s language in certain sections is cleanup and would not change discovery rules themselves.

The sponsor noted an amendment approved earlier in the day addressing a department clarification and said he would continue work with department staff. No committee vote or other final action was recorded during the hearing.