Bill

Bill > SB147


MT SB147

Generally revise Montana Indian child welfare laws


summary

Introduced
01/14/2025
In Committee
04/09/2025
Crossed Over
02/25/2025
Passed
05/12/2025
Dead
Signed/Enacted/Adopted
05/16/2025

Introduced Session

2025 Regular Session

Bill Summary

AN ACT REVISING THE MONTANA INDIAN CHILD WELFARE ACT AND RELATED LAWS; REQUIRING CULTURAL COMPACTS IN CERTAIN CIRCUMSTANCES; CLARIFYING THE STANDARD FOR EMERGENCY REMOVAL; PROVIDING ADDITIONAL REQUIREMENTS FOR GUARDIANSHIPS; REQUIRING CONSULTATION WITH AN INDIAN CHILD'S TRIBE ON A PERMANENCY PLAN; PROVIDING ADDITIONAL GROUNDS THAT A COURT MAY HAVE REASON TO KNOW A CHILD IS AN INDIAN CHILD; REQUIRING A DENIAL OF A TRANSFER OF JURISDICTION TO BE IN WRITING; REVISING REQUIREMENTS FOR QUALIFIED EXPERT WITNESSES, ACTIVE EFFORTS, EVIDEN CE, AND PLACEMENT PREFERENCES; AMING SECTIONS 40-6-407, 41-3-306, 41-3-444, 41-3-445, 41-3-1306, 41-3-1310, 41-3-1318, 41-3-1319, 41-3-1320, 41-3-1325, 41-3-1328, AND 41-3-1329, MCA; REPEALING SECTION 55, CHAPTER 716, LAWS OF 2023; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE.”

AI Summary

This bill generally revises Montana's Indian Child Welfare Act (ICWA) with several key provisions aimed at improving child welfare practices for Native American children. The bill emphasizes a commitment to cooperation, mutual understanding, and respect in tribal-state relationships, particularly in matters involving family relationships. It requires cultural compacts in certain circumstances, clarifies standards for emergency child removal, and adds new requirements for guardianships. The bill mandates tribal consultation when developing permanency plans for Indian children and expands the grounds by which a court may determine a child is an Indian child. Additionally, it requires written explanations for denials of jurisdiction transfers and revises requirements for qualified expert witnesses, active efforts, evidence, and placement preferences. The bill amends multiple sections of Montana law related to child welfare and is effective immediately upon passage. The legislation also requires the secretary of state to send a copy of the act to each federally recognized tribal government in Montana, highlighting the state's commitment to transparency and collaborative communication with tribal authorities.

Committee Categories

Budget and Finance, Health and Social Services

Sponsors (1)

Last Action

Chapter Number Assigned (on 05/16/2025)

bill text


bill summary

Loading...

bill summary

Loading...
Loading...