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Bill would let caregivers who provided ongoing care present evidence in adjudications
Summary
Senate Bill 249 would remove a limitation that allows only relatives in abandonment cases to have evidence heard in child-adjudication proceedings, letting other caregivers (for example grandparents or others who provided continuity of care) present evidence to courts; opponents warned about discovery and confidentiality implications.
Sen. Dennis Lentz told the committee that Senate Bill 249 seeks to modernize adjudication rules in child-abuse and neglect cases so courts can consider evidence from people who previously provided care or stability for a child even where abandonment has not been alleged.
Proponents said the change would help courts make better permanency and treatment decisions. Kyla Hailstone, paralegal investigator for the Montana Family Court Awareness Project, described the bill as removing an "antiquated" barrier that prevents courts from hearing evidence about a caregiver's intent, the continuity of care provided, and the circumstances under which a child was placed. "The more information available to our courts during an adjudication creates the opportunity for better outcomes for our children," Hailstone said.
Joseph Rafiani, another proponent, emphasized that the bill is aimed at relatives or nonparent caregivers who had acted as parents before a dependent-neglect case arose, not routine foster parents. "This is more about people, grandparents or step parents who had acted as parents before the dependent neglect case came into existence," he said.
Yellowstone County Deputy Chief County Attorney Heather Webster testified in opposition, saying foster parents already receive notice and the right to be heard under current statute and cautioning that making additional caregivers formal intervenors could bring discovery obligations and confidentiality issues. "This makes sense because in most cases, the child is removed from the parents' care and parents are the ones with the constitutional rights to their children," Webster said, and she warned that parties who become formal intervenors typically gain access to discovery materials that are otherwise confidential.
Nikki Grossberg, the informational witness from Child and Family Services, said the statute and the department's practice are not limited to foster parents and that relatives or other caregivers caring for the child could be the intended beneficiaries of the change. The sponsor closed by saying the change would allow grandparents and others involved with the child to actively engage and potentially improve outcomes.
No committee vote was taken at the hearing.
