Committee hears bill to clarify child‑abuse and neglect definitions; proponents say change would limit stigma

HELENA — Senator Lenzer presented Senate Bill 18 to the Senate Public Health Committee on Jan. 15, 2025, proposing revisions to the statutory definition of child abuse and neglect to make explicit that certain conditions alone do not qualify as physical or psychological harm.

The bill, requested by the Children, Families, Health and Human Services Interim Committee, would remove temporary definitions and revise the language in Montana’s child‑abuse code so that "substance abuse by a parent or guardian, a child's obesity, disorderly living conditions, or other factors closely related to economic status do not alone constitute physical or psychological harm to a child," according to the bill text described by the sponsor.

Stacy Anderson of the Montana Primary Care Association testified in support. She said the change would reduce stigma and reported instances where children were removed from families over issues such as a messy house or a child's weight. "I think that really starts to reduce some of the stigma ... about children being taken away from their families because their house is messy or someone disagrees that a child is overweight," Anderson said.

Kelly Driscoll, family defense bureau chief for the Office of the Public Defender, appeared as an informational witness and offered to answer questions; Nikki Grossberg, division administrator for Child and Family Services, also served as an informational witness. The committee asked no substantive questions of the agency witnesses during the hearing.

Sponsor comments framed the change as an effort "to put down the stake and try and more fully define" neglect, and the sponsor said the committee anticipated additional proponents and opponents would speak to the measure. No opponents testified at the hearing and the committee closed the public testimony on SB 18.

No formal action or vote was taken on SB 18 during the hearing.