Bill

Bill > SB318


MT SB318

MT SB318
Generally revise child custody laws


summary

Introduced
02/13/2025
In Committee
03/21/2025
Crossed Over
03/20/2025
Passed
Dead
05/23/2025

Introduced Session

2025 Regular Session

Bill Summary

AN ACT ENTITLED: “AN ACT GENERALLY REVISING CHILD CUSTODY LAWS; ESTABLISHING CHILD ABUSE AND DOMESTIC VIOLENCE TRAINING REQUIREMENTS FOR JUDGES, STANDING MASTERS, AND GUARDIANS AD LITEM IN CHILD CUSTODY PROCEEDINGS; PROVIDING FOR CONSIDERATION OF DOMESTIC VIOLENCE AND CHILD ABUSE IN CHILD CUSTODY PROCEEDINGS; REVISING THE RIGHTS OF CHILDREN IN CHILD CUSTODY PROCEEDINGS; PROVIDING DEFINITIONS; SUPERSEDING THE UNFUNDED MANDATE LAWS; AMING SECTIONS 3- 1-1501, 3-1-1502, 40-4-205, 40-4-212, 40-4-219, AND 40-4-227, MCA; AND PROVIDING EFFECTIVE DATES.”

AI Summary

This bill aims to comprehensively revise child custody laws in Montana, with a primary focus on enhancing child safety and protection in legal proceedings. The bill establishes mandatory training requirements for judges, standing masters, and guardians ad litem in child custody cases, specifically focusing on domestic violence and child abuse. Judges and guardians ad litem must now complete at least 20 hours of initial training and 15 hours of ongoing training every two years, with a curriculum that deeply explores various forms of abuse, trauma, and bias. The training must be provided by professionals with substantive experience in assisting abuse survivors and must rely on evidence-based research. The bill expands the definition of "child custody proceeding" and strengthens protections for children by requiring courts to consider evidence of domestic violence, child abuse, and the child's fundamental rights when determining parenting plans. Key provisions include allowing children to be heard in proceedings, preventing court-ordered reunification treatments that might be harmful, and ensuring that expert testimony in abuse cases comes from qualified professionals. The legislation emphasizes prioritizing child safety, recognizing children's rights to protection from violence, and creating a more trauma-informed approach to child custody proceedings.

Committee Categories

Budget and Finance, Justice

Sponsors (1)

Last Action

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

bill text


bill summary

Loading...

bill summary

Loading...
Loading...