Bill

Bill > SB367


MT SB367

MT SB367
Revise citizen review boards in DN proceedings


summary

Introduced
02/19/2025
In Committee
02/20/2025
Crossed Over
Passed
Dead
05/23/2025

Introduced Session

2025 Regular Session

Bill Summary

AN ACT ENTITLED: “AN ACT GENERALLY REVISING LAWS RELATED TO CITIZEN REVIEW BOARDS; REQUIRING NOTIFICATION OF THE RIGHT TO A REVIEW BY A CITIZEN REVIEW BOARD; REQUIRING A REVIEW BY A BOARD IF A CHILD IS NOT RETURNED HOME FOLLOWING A SHOW CAUSE HEARING; REQUIRING THE OFFICE OF THE COURT ADMINISTRATOR TO ESTABLISH A MINIMUM NUMBER OF CITIZEN REVIEW BOARDS AND APPOINT MEMBERS; REVISING BOARD MEMBERSHIP REQUIREMENTS; REQUIRING THE BOARD TO MEET AT LEAST QUARTERLY; REQUIRING A HEARING IF THE DEPARTMENT OF PUBLIC HEALTH AND HUMAN SERVICES DOES NOT IMPLEMENT THE RECOMMATIONS OF THE BOARD; AMING SECTIONS 41-3-205, 41-3-422, 41- 3-432, 41-3-445, 41-3-1003, 41-3-1004, 41-3-1005, 41-3-1008, 41-3-1010, 41-3-1011, 41-3-1013, AND 52-2- 304, MCA; AND REPEALING SECTION 41-3-115, MCA.”

AI Summary

This bill revises laws related to citizen review boards in child welfare proceedings, significantly restructuring how these boards are established, appointed, and operate. The bill requires the Office of the Court Administrator to establish a minimum number of citizen review boards equal to the department's regional divisions, with members appointed by the office instead of district court judges. Board members will be recruited from groups with knowledge of foster care and child welfare, representing various socioeconomic and ethnic groups, and must be state residents willing to serve without compensation. The bill mandates that boards review cases of children in foster care, focusing on permanency and service accessibility, and requires boards to meet at least quarterly. Importantly, the bill now requires that if a child is not returned home after a show cause hearing, the court must notify the Office of the Court Administrator to appoint a citizen review board to review the case within 30 days. The legislation also strengthens the board's role by requiring a court hearing if the Department of Public Health and Human Services objects to or cannot implement the board's recommendations, with the court needing to find clear and convincing evidence for non-implementation. Additionally, the bill repeals the existing Foster Care Review Committee statute, effectively replacing it with this more structured citizen review board system.

Committee Categories

Health and Social Services

Sponsors (1)

Last Action

(S) Died in Process (on 05/23/2025)

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