Bill > SB468

This bill establishes a statewide central registry for individuals who have been the subject of substantiated reports of child abuse or neglect, with significant due process protections. The bill defines three categories of child abuse or neglect determinations: "substantiated" (meaning there is evidence that abuse occurred), "unfounded" (no evidence supports the report), and "unsubstantiated" (insufficient evidence to determine if abuse occurred). Individuals added to the central registry will be notified of the consequences and their rights. The bill creates a comprehensive expungement process allowing individuals to request removal from the registry after two years, with options to petition both the department and, if denied, a district court. Individuals can request expungement based on factors like new evidence, reduced risk, or positive changes in circumstances. The department must report annually to the legislature about registry entries and expungement requests. The bill aims to balance child protection with individual due process rights by ensuring that being listed in the registry does not permanently stigmatize someone without a fair opportunity to challenge their inclusion. The central registry can impact an individual's ability to work in child-related fields, making the expungement process crucial for those who can demonstrate they no longer pose a risk to children.

Health and Social Services

https://bills.legmt.gov/#/laws/bill/2/LC0493