This bill seeks to enhance the legal framework surrounding minors, particularly in parenting plans and child abuse and neglect proceedings. It mandates that courts interview children involved in parenting plan cases to understand their preferences regarding residence and parental contact. The definition of "best interests of the child" is expanded to include the child's wishes, and new rights are established for children, such as the right to legal representation and the ability to express their feelings about safety in custody matters. Additionally, the bill requires the appointment of a guardian ad litem or legal representative to advocate for the child's best interests, ensuring they do not serve as the child's attorney in the same case.

The bill also amends several sections of the Montana Code Annotated (MCA), introducing new definitions related to child welfare, such as "psychological abuse or neglect" and "qualified expert witness," which aim to improve the handling of child abuse cases. It emphasizes the importance of considering the child's perspective in legal proceedings by removing the previous requirement to focus solely on parental wishes. The bill further enhances child protection by ensuring children in care have access to private conversations with trusted adults and modifies the offense of parenting interference to allow for a defense if actions were taken in good faith to protect the child from harm. Overall, these changes aim to strengthen the rights and protections for children and families in legal contexts.

Statutes affected:
SB0368_1.pdf: 40-4-205, 40-4-212, 40-4-214, 40-4-227, 41-3-102, 41-3-437, 41-3-440, 45-5-634
SB0368_2.pdf: 40-4-205, 40-4-212, 40-4-214, 40-4-227, 41-3-102, 41-3-437, 41-3-440, 45-5-634
Amended: 40-4-205, 40-4-212, 40-4-214, 40-4-227, 41-3-102, 41-3-437, 41-3-440, 45-5-634
Introduced: 40-4-205, 40-4-212, 40-4-214, 40-4-227, 41-3-102, 41-3-437, 41-3-440, 45-5-634