SB 250: Generally revise laws related to child and family ombudsman - Montana

SB0250_3(3).pdf → SB0250_3(4).pdf · 4 edits

MODERATE

The bill was reorganized to clarify the duties of the child and family ombudsman, specifically separating the handling of misconduct reports from general policy violations. The office now has a mandatory requirement to provide systemic recommendations twice a year, with a strict 60-day deadline for the department to respond with implementation plans or justifications. If the department fails to respond adequately, the ombudsman must escalate the report to the governor, department director, and legislative committee.

Scope change

The scope of the ombudsman's duties was expanded to include independent oversight and a formalized annual reporting cycle with specific escalation protocols for non-compliance.

REQUIREMENT

Added a mandatory requirement for the ombudsman to submit systemic recommendations twice per year, replacing a vague periodic review.

Established a strict 60-day deadline for the department to respond to ombudsman recommendations with either an implementation plan or a written justification.

Clarified that reports of misconduct by specialists go to the Department of Justice for special prosecutor review, while general policy violations are reported to the department.

ENFORCEMENT

Created a new escalation mechanism where unresponsive departments must have their reports sent to the governor, department director, and legislative committee.

SB0250_2(12).pdf → SB0250_3.pdf · 3 edits

MINOR

This bill amends the Montana Code to update the duties of the Office of the Child and Family Ombudsman, specifically changing how misconduct reports are handled. The primary change is shifting the reporting destination for misconduct by Child Protection Specialists from the Department of Justice to the Department of Public Health and Human Services. Additionally, the bill renumbers the ombudsman's statutory powers and duties to reflect this new workflow.

Scope change

The scope of the ombudsman's oversight duties has expanded to include direct reporting of policy violations to the department they oversee, rather than routing these reports through the Department of Justice for prosecutorial review.

ENFORCEMENT

Changed the recipient of misconduct reports from the Department of Justice to the Department of Public Health and Human Services.

REQUIREMENT

Reordered and renumbered the statutory list of ombudsman powers and duties to align with the new reporting structure.

DEFINITION

Updated the bill title and summary to reflect the new policy focus on alleged violations of department policies.

SB0250_2(4).pdf → SB0250_2(5).pdf · 1 edit

MINOR

The changes to SB 250 are purely technical formatting updates that remove redundant numbering markers from a list of duties for a special prosecutor. These edits streamline the text by eliminating unnecessary parentheses and spaces, ensuring the list items flow logically without altering any legal obligations or requirements.

TECHNICAL

Removed redundant numbering markers (e.g., '(7)(9) (10)' changed to '(7)(9)(10)') and extra spacing within a list of duties to improve text formatting.

SB0250_1(5).pdf → SB0250_2.pdf · 5 edits

MODERATE

The bill was renumbered and restructured to add new duties for the Child and Family Ombudsman, including forwarding misconduct reports to the Department of Justice and sharing findings with special prosecutors. It also updated the ombudsman's reporting requirements to include systemic recommendations and established a new process for the ombudsman to escalate issues to the governor if the department fails to respond. Additionally, the bill repealed an existing section on privilege.

Scope change

The scope of the ombudsman's duties expanded to include oversight of misconduct reports and enhanced reporting mechanisms to higher government officials.

REQUIREMENT

Added a requirement for the ombudsman to forward reports of misconduct by child protection specialists to the Department of Justice for review by a special prosecutor.

Added a new duty for the ombudsman to periodically review department procedures and promote best practices.

TIMELINE

Modified the department's response timeline to require a written response within 60 days to ombudsman recommendations, including justification if recommendations are not implemented.

ENFORCEMENT

Added a mechanism for the ombudsman to send reports directly to the governor and department director if the department fails to respond to recommendations.

DEFINITION

Repealed Section 41-3-1213 regarding privilege.

LC0572.pdf → SB0250_1.pdf · 2 edits

MINOR

The bill was formally renumbered from LC 0572 to SB 250.1 and the sponsor was identified as D. Lenz. The substantive text regarding the ombudsman's duties remained largely the same, but the internal numbering of the list of duties was reorganized and renumbered (e.g., items were shifted from a sequential list to a specific set of numbers like 2, 3, 4, etc.), likely to correct a drafting error or align with a specific statutory structure.

TECHNICAL

The bill's number changed from LC 0572 to SB 250.1, and the sponsor was added as D. Lenz.

The internal numbering of the ombudsman's duties list was reorganized and renumbered, though the actual duties described did not change.

Generally revise laws related to child and family ombudsman

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