Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Committee debates raising burden of proof in termination-of-parental-rights cases to 'beyond a reasonable doubt'
Summary
Senate Bill 156 would change child-welfare evidentiary standards, requiring proof "beyond a reasonable doubt" to terminate parental rights; the sponsor called the change a safeguard for constitutional rights, while child-welfare officials warned it could harm children by reducing court oversight and access to services.
Senate Bill 156, sponsored in committee by Senator Daniel Emmerich, would raise evidentiary standards in Montana child-welfare law: it would require proof "beyond a reasonable doubt" for termination of parental rights rather than the current lower standard. The sponsor said the measure mirrors language in the federal Indian Child Welfare Act (ICWA) and the Montana Indian Child Welfare Act (MCWA) and is intended to ensure courts have sufficient evidence before terminating constitutionally protected parental rights.
Emmerich told the House Judiciary Committee the current preponderance standard can lead to mistakes and that the higher standard…
Already have an account? Log in
Subscribe to keep reading
Unlock the rest of this article — and every article on Citizen Portal.
- Unlimited articles
- AI-powered breakdowns of topics, speakers, decisions, and budgets
- Instant alerts when your location has a new meeting
- Follow topics and more locations
- 1,000 AI Insights / month, plus AI Chat
