Establish central registry for individuals who are the subject of a substantiated report of child abuse or neglect
SB 468 establishes a statewide central registry for individuals who are the subject of *substantiated* reports of child abuse or neglect. This registry will affect individuals found to have abused or neglected a child, as their information may be used in background checks for employment or licensure in fields with unsupervised contact with children. The bill requires individuals to receive notice and a hearing before being included in the registry. It also outlines procedures for individuals to request expungement from the registry, based on criteria such as newly discovered evidence or demonstrating they no longer pose a risk.
Bill statussignedall 5 stages cleared
Introduction
Feb 2025
Committee Review
Mar 2025
Senate Passage
Apr 2025
House Passage
May 2025
Signed into Law
May 2025
Introduced Feb 25, 2025Signed May 16, 2025
Maddy AI version diff · 15 comparisons
What changed between versions
SB0468_X(14).pdf→SB0468_X(15).pdf·1 edit
MINOR
The bill modifies the expungement process for individuals listed on a central registry by clarifying that the request must be submitted in writing. This change ensures the formal nature of the application is explicitly stated, removing ambiguity about the submission method.
Scope change
The scope of the bill remains focused on the expungement procedure, but the specific requirements for submitting a request have been clarified.
REQUIREMENT
Clarified that the request for expungement must be a 'written request' to the department, ensuring the formal submission method is explicitly defined.
SB0468_X(7).pdf→SB0468_X(8).pdf·2 edits
MINOR
The bill adds a mandatory requirement for individuals seeking to have their names removed from the central registry to provide evidence that their actions since the abuse or neglect incident prevent future occurrences. This change tightens eligibility criteria by ensuring that expungement is reserved for cases where the requester has demonstrably addressed the root causes of the incident.
Scope change
The scope of eligibility for registry expungement was narrowed to require proof of preventative action.
ELIGIBILITY
Added a requirement for requesters to submit evidence showing that their actions since the incident prevent the reoccurrence of abuse or neglect.
Removed the previous text regarding reoccurrence prevention, replacing it with the new, more specific evidentiary requirement.
SB0468_X(4).pdf→SB0468_X(5).pdf·1 edit
MINOR
The bill adds a specific requirement for individuals seeking to have their names removed from the central registry. To qualify for expungement, applicants must now provide evidence that their actions since the incident of abuse or neglect prevent the reoccurrence of such abuse.
Scope change
The scope of eligibility for expungement is narrowed by adding a new evidentiary requirement regarding the prevention of future abuse.
ELIGIBILITY
Added a mandatory condition requiring applicants to submit proof that their post-incident actions prevent the reoccurrence of abuse or neglect.
SB0468_X(3).pdf→SB0468_X(4).pdf·4 edits
MODERATE
The bill simplifies the definitions of substantiated child abuse by removing the requirement for a court hearing to confirm the finding, relying instead on the department's investigation. It also adds a new judicial review process that allows individuals to petition a district court for expungement if the department denies their request, ensuring a legal hearing is available for disputes.
Scope change
The bill's scope regarding how 'substantiated' findings are determined has narrowed by eliminating the mandatory court hearing step, while the scope of relief for individuals has expanded by adding a court appeal option for denied expungement requests.
DEFINITION
The definition of 'substantiated' was changed to rely solely on the department's investigation and evidence rather than requiring a subsequent court hearing to validate the finding.
The detailed sub-categories for 'substantiated' findings (such as admissions or specific criminal convictions) were removed, streamlining the definition to focus on the investigative outcome.
REQUIREMENT
A new judicial review process was added, allowing individuals to petition a district court for expungement if the department denies their initial request.
The text regarding the scope of information available during background checks was slightly reorganized to clarify its impact on employment and licensure.
SB0468_X(2).pdf→SB0468_X(3).pdf·1 edit
MINOR
The bill was reformatted to remove redundant line breaks and improve readability. The substantive policy content regarding the criteria for expunging names from the child abuse registry, the review timeline, and the required actions for the department remained unchanged.
TECHNICAL
Removed excessive line breaks and spacing inconsistencies throughout the text to improve formatting.
SB0468_3(12).pdf→SB0468_X.pdf·4 edits
MODERATE
The bill was converted from a draft version to an enrolled (final) version, updating the title to reflect a broader scope including 'child abuse or neglect' and clarifying that substantiated determinations require both a department investigation and a court hearing. The text was cleaned of markup artifacts, and specific definitions for 'substantiated,' 'unfounded,' and 'unsubstantiated' were standardized to ensure they align with constitutional due process requirements.
Scope change
The scope was broadened in the title and definitions to explicitly include 'child abuse or neglect' and clarify that a court hearing is a mandatory component of a 'substantiated' determination, whereas the draft version had inconsistent or incomplete language regarding the hearing requirement.
DEFINITION
The definition of 'substantiated' was revised to explicitly state that a determination requires both a department investigation and a district court hearing, ensuring the process meets constitutional due process standards.
The definitions for 'unfounded' and 'unsubstantiated' were cleaned of internal markup symbols and standardized to clearly distinguish between reports with no corroborating evidence versus those where the department could not determine abuse occurred.
TECHNICAL
The bill title was updated to include 'child abuse or neglect' and the document format was changed from a draft with line numbers to a final enrolled bill format.
REQUIREMENT
The notice requirements for individuals being added to the registry were clarified to include specific details about allegations, consequences, and the maximum duration of listing.
SB0468_3(4).pdf→SB0468_3(5).pdf·1 edit
MINOR
The bill underwent a minor formatting correction that removed unnecessary parentheses from a section title, changing '(v)(IV) (II)' to '(v)(IV)(II)'. This change does not alter the legal meaning, scope, or requirements of the legislation.
TECHNICAL
Removed redundant parentheses in a section header, resulting in a purely cosmetic update with no impact on the bill's substance.
SB0468_3(3).pdf→SB0468_3(4).pdf·4 edits
MODERATE
The bill amends the central registry procedures to ensure individuals facing substantiated abuse or neglect allegations receive specific written notice and a hearing before being listed. It mandates that the notice detail the specific allegations, potential consequences for employment and licensure, the duration of the listing, and a copy of the record. Additionally, the bill clarifies that the registry cannot be updated or information released until all legal appeals are resolved.
Scope change
The scope of the central registry process is expanded to include mandatory pre-listing hearings and detailed notification requirements for all individuals whose reports are substantiated.
REQUIREMENT
Added a requirement that the department must provide certified written notice to individuals before adding them to the central registry.
Mandated that the notice must include specific details such as the allegations, consequences for employment, listing duration, and a copy of the record.
TIMELINE
Established a 14-day deadline for the department to provide the required notice after determining a report is substantiated.
ENFORCEMENT
Clarified that the department cannot add individuals to the registry or release information to third parties until all appeals are exhausted or waived.
SB0468_2(14).pdf→SB0468_3.pdf·5 edits
MODERATE
The bill was renumbered from SB 468.2 to SB 468.3 and significantly restructured to strengthen due process protections for individuals listed in the child abuse central registry. The most critical change is the addition of a requirement that the department must conduct an investigation and hold a hearing before adding anyone to the registry, rather than relying solely on court determinations. The definitions of 'substantiated' were altered to explicitly require departmental investigation and evidence corroboration, while 'unsubstantiated' now includes cases where the department cannot determine abuse occurred after investigation. These changes aim to prevent false listings and ensure individuals have a formal opportunity to contest allegations before their names are publicly disclosed.
Scope change
The bill's scope of applicability remains the same (Montana's child abuse central registry), but the procedural requirements for inclusion have expanded to include mandatory departmental investigation and hearings prior to listing.
DEFINITION
The definition of 'substantiated' was changed to require that the department investigates the report and determines abuse occurred by a preponderance of the evidence, rather than just relying on a court hearing outcome.
The definition of 'unsubstantiated' was updated to explicitly state that the department must investigate the report and be unable to corroborate the allegations before labeling a report unsubstantiated.
REQUIREMENT
A new requirement mandates that individuals cannot be added to the central registry without prior notice and a hearing during the adjudication process.
The bill now requires the department to provide the full investigative file and any exculpatory evidence to the individual before a substantiation hearing takes place.
TECHNICAL
The bill number was updated from SB 468.2 to SB 468.3, and the title was amended to include new reporting requirements.
The bill was renumbered and its title was expanded to include reporting requirements and an effective date. The core changes focus on due process: the definition of 'substantiated' was simplified to remove the requirement for a court hearing, and new sections mandate that individuals receive written notice and a hearing before being added to the central registry. Additionally, the department must now provide the full investigative file and exculpatory evidence to the individual prior to any adjudication hearing.
Scope change
The bill's scope remains focused on the Montana Central Registry, but the applicability of the registry's procedures has shifted from an automatic process to one requiring specific notice and hearing rights for the accused individual.
DEFINITION
The definition of 'substantiated' was modified to remove the requirement that a district court must hear the case, changing the process from a court-determined standard to one based on department investigation and evidence.
REQUIREMENT
New requirements were added mandating that the department provide certified written notice to individuals before adding them to the registry, including specific details about allegations and potential consequences.
New procedures require the department to hold a hearing before adding an individual to the registry and to provide the individual with the full investigative file and any exculpatory evidence prior to the adjudication hearing.
TECHNICAL
The bill's title was modified to explicitly include 'establishing reporting requirements' and 'providing an effective date,' and the bill was renumbered from SB0468.002.004 to SB0468.2.
The bill was amended to strengthen due process protections for individuals listed on the child abuse central registry. The changes require the Department of Public Health and Human Services to investigate allegations before making a determination and mandate a court hearing before anyone can be added to the registry. Additionally, the notice sent to individuals now must include specific details about the allegations and the potential consequences of being listed.
Scope change
The bill's scope expanded to include a mandatory pre-listing hearing and stricter definitions of what constitutes a 'substantiated' determination, ensuring individuals have a chance to contest allegations before their names are entered into the registry.
REQUIREMENT
Changed the definition of 'substantiated' to require an actual investigation by the department and a court determination by a preponderance of the evidence, rather than relying solely on court hearings or admissions.
Added a requirement that the department must investigate the reported act before categorizing it as unfounded or unsubstantiated.
Mandated that a substantiation hearing must occur before an individual is added to the central registry, preventing automatic listing without judicial review.
Expanded the required notice to individuals to include specific allegations, victim details, and a complete copy of the record to be added.
DEFINITION
Clarified that a substantiated determination cannot be based solely on an individual's agreement to comply with a treatment plan.
SB0468_2(4).pdf→SB0468_2(5).pdf·1 edit
MINOR
The bill includes minor formatting adjustments to the definitions of substantiated, unfounded, and unsubstantiated child abuse or neglect. These changes add extra spaces after punctuation marks and adjust indentation but do not alter the legal meaning, scope, or requirements of the bill.
TECHNICAL
Added extra spaces after colons and commas within the definitions of substantiated, unfounded, and unsubstantiated cases to improve visual consistency.
SB0468_2(3).pdf→SB0468_2(4).pdf·4 edits
MODERATE
The bill restructures the central registry process to prioritize due process for individuals accused of child abuse. It mandates that accused individuals receive certified written notice and a hearing before being added to the registry, ensuring they can challenge the allegations. The new rules require the department to provide a complete copy of the record, explain potential consequences like employment impacts, and wait until all appeals are resolved before adding anyone to the list or sharing information with third parties.
Scope change
The scope of protection for accused individuals has expanded from a post-substantiation process to a pre-substantiation hearing requirement, effectively changing the registry from an immediate administrative action to a judicially supervised process.
REQUIREMENT
Added a mandatory hearing requirement before an individual can be added to the central registry, replacing the previous process where addition could happen after a substantiation determination.
Mandated that the department provide a complete copy of the record and a clear explanation of consequences, such as impacts on employment and licensure, within the notice sent to the accused individual.
Required the department to provide the full investigative file and any exculpatory evidence to the accused individual before the adjudication hearing begins.
TIMELINE
Changed the timeline for registry inclusion to require that the department wait until all appeals are exhausted or waived before adding an individual to the registry or releasing information to third parties.
SB0468_1(3).pdf→SB0468_2.pdf·4 edits
MODERATE
The bill was renumbered from SB 468.1 to SB0468.2 and includes minor formatting adjustments to the section titles. The most significant substantive change is the expansion of the central registry's scope: the definitions of 'substantiated' child abuse or neglect now explicitly include a new category (IV) for subjects of substantiated determinations, and the procedures for adding individuals to the registry now require notice and a hearing before adjudication. Additionally, the notice requirements for individuals facing registry inclusion have been expanded to include specific details about the allegations, potential consequences, and the maximum duration of the listing.
Scope change
The bill's scope was expanded to include a new category of substantiated child abuse or neglect determinations and strengthened procedural protections by mandating notice and a hearing before an individual is added to the central registry.
DEFINITION
Added a new category (IV) to the definitions of substantiated child abuse or neglect, expanding the scope of individuals who may be subject to registry inclusion.
REQUIREMENT
Introduced a new requirement that individuals may not be added to the central registry without prior notice and a hearing during the adjudication process.
Expanded the mandatory content of the notice provided to individuals, requiring specific details about allegations, consequences, maximum listing time, and confirmation of a substantiation hearing request.
TECHNICAL
Updated the bill number from SB 468.1 to SB0468.2 and adjusted section numbering and formatting.
LC0493.pdf→SB0468_1.pdf·3 edits
MINOR
The bill was renumbered from LC 493 to SB 468.1 and updated with a new sponsor. The most significant change is the reorganization of definitions regarding child abuse reports, where 'Unfounded' and 'Unsubstantiated' are now defined in separate subsections with clearer, numbered criteria. Additionally, the bill now explicitly requires the department to provide a complete copy of the record to be added to the central registry in the initial notice to the individual.
DEFINITION
The definitions for 'Unfounded' and 'Unsubstantiated' reports were restructured into distinct subsections with specific numbered items for clarity.
REQUIREMENT
A new requirement mandates that the notice sent to an individual must include a complete copy of the record that will be added to the central registry.
TECHNICAL
The bill title and number were updated from LC 493 to SB 468.1, and the primary sponsor was listed as D. Lenz.
