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Bill to raise burdens of proof in child-abuse cases fails after extended floor debate
Summary
Senate Bill 156, which would have raised evidentiary standards for child-abuse and neglect proceedings—requiring clear-and-convincing evidence for adjudication/temporary custody and proof beyond a reasonable doubt for termination—failed on second reading after a contentious floor debate over child safety and parental rights.
Helena — The Montana House on March 25 rejected Senate Bill 156, a proposal to increase the burdens of proof in child abuse and neglect cases, after an extended and often emotional floor debate that split lawmakers.
The question and outcome: The motion to recommend concurrence on SB 156 failed on second reading after the clerk recorded 44 votes in favor and 56 opposed.
Why it mattered: The bill would have changed the standards courts must apply before they may issue orders in child-abuse and neglect proceedings. Sponsors said raising the standard would better protect parental rights in cases of state intervention; opponents warned it would impede timely action to protect children and could leave at-risk children in dangerous homes.
What supporters said:…
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