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House Judiciary hears debate on raising burdens of proof in child-welfare cases
Summary
Senate Bill 156 would increase evidentiary standards in child abuse and neglect proceedings—requiring clear and convincing evidence for adjudication and custody orders and proof beyond a reasonable doubt to terminate parental rights. Department officials warned higher standards could return children to unsafe homes and increase reentry; sponsor argued changes protect parental rights.
Lawmakers heard extended testimony Monday on Senate Bill 156, a proposal that would raise the evidentiary standards in Montana's child abuse and neglect statutes.
Sponsor Senator Daniel Emmerich told the House Judiciary Committee SB156 would require clear and convincing evidence for orders of adjudication and custody and proof beyond a reasonable doubt to terminate parental rights. "So parental rights are a constitutionally guaranteed right," Emmerich said, arguing the highest standard should apply when rights are permanently terminated.
Opponents, including Nikki Grossberg,…
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