Committee considers expanding who can offer evidence in dependent‑neglect cases

Sen. Dennis Lenz presented Senate Bill 249, which would revise child abuse and neglect adjudication rules to broaden who may offer evidence in dependent‑neglect (DN) cases. The sponsor said the change aims to remove outdated language that can exclude people with relevant caregiving histories from court consideration.

Kyla Hailstone, a paralegal investigator and family law specialist, told the committee SB 249 would let the court consider evidence about the continuity of care, intent of parents in placing the child, and the stability provided by nonparent caregivers, which she said could improve treatment and permanency planning for children.

Joseph Rafiani, an attorney and former assistant attorney general in the child protection unit, said allowing grandparents and other caregivers who have served as de‑facto parents to intervene and present evidence helps protect a child's best interests without automatically granting parental rights.

Heather Webster, Deputy Chief County Attorney in Yellowstone County's Child Abuse and Neglect Division, opposed the bill. Webster argued that foster parents already receive notice and the right to be heard, that making certain caregivers formal intervenors could grant them access to discovery and complicate proceedings, and that expanding intervention risks impinging on biological parents' constitutional rights.

Nikki Grossberg provided informational clarification that Title 41 DN cases are civil actions. Committee members probed whether the change targets foster parents, relatives, or both; the sponsor and witnesses said the intent is to ensure relatives and other caregivers who provided care before a DN filing may have a voice, not to convert foster care relationships into parental status. The committee closed the hearing with the sponsor thanking participants and volunteers identified to carry the bill forward.