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Committee hears bill to raise evidentiary standards in child-abuse proceedings; impact unclear
Summary
SB156 would raise the burden of proof for temporary and long-term custody and require beyond-a-reasonable-doubt proof to terminate parental rights; supporters called for higher scrutiny, while DPHHS and county attorneys said impacts on child safety and workload are uncertain.
The Senate Judiciary Committee heard testimony on SB156, a bill that would raise evidentiary standards in child-abuse and neglect adjudications. Sponsor Senator Daniel Emmerich said the change would require clearer proof in temporary and long-term custody decisions and move termination of parental rights to a standard of proof "beyond a reasonable doubt." He argued higher standards are warranted when constitutional rights, such as parental rights, are at stake.
Supporters included Mark Mackin, who argued that termination of parental rights is "the death penalty for a family" and should carry the highest burden of proof. Mackin told the committee the proposed standard for termination mirrors the gravity of the outcome.
Informational witnesses from the Department of Public Health and Human Services and county attorneys cautioned that the practical effects are uncertain. Nikki Grossberg, Division Administrator for Child & Family Services at DPHHS, said the bill "would have to have more evidence to meet the higher burden of proof" at adjudication and that how it affects child safety and resources in the field is "somewhat unknown." Heather Webster, Deputy Chief County Attorney in Yellowstone County, said meeting a higher burden could require more time for affidavits and preparation.
Committee members pressed on where the bill originated and what problems it seeks to fix. Sponsor Emmerich said the goal is to ensure courts apply greater scrutiny before making orders that remove parental rights or award long-term custody, noting that some decisions can last years and have lasting impacts on children and families.
No executive action was taken. Senator Newman asked that the bill be held for further caucus and stakeholder consultation, including conversation with the American Indian caucus; the sponsor and other members agreed to defer EA and work on additional outreach.
What's next: SB156 remains in committee for further discussion and possible amendment; no committee vote was taken during this meeting.
