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

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.