Bill Summary – FastDemocracy

                                                     Unofficial Draft Copy
****                                                As of: 10/07/2024, 03:13:50
69th Legislature 2025                               Drafter: Chanan Brown, ****                                      LC 0315
                                                        **** BILL NO. ****
                                                  INTRODUCED BY ****
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  A BILL FOR AN ACT ENTITLED: “AN ACT GENERALLY REVISING LAWS RELATED TO THE
  DETERMINATION OF THE BEST INTERESTS OF THE CHILD IN CUSTODY AND ADOPTION
  PROCEEDINGS INVOLVING CHILDREN WITH INDIAN HERITAGE; AMENDING SECTIONS 40-4-212 AND
  42-5-107, MCA; AND PROVIDING AN EFFECTIVE DATE.”
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  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
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           Section 1. Section 40-4-212, MCA, is amended to read:
           "40-4-212.    Best interest of child. (1) The court shall determine the parenting plan in accordance with
  the best interest of the child. The court shall consider all relevant parenting factors, which may include but are
  not limited to:
           (a)      the wishes of the child's parent or parents;
           (b)      the wishes of the child;
           (c)      the interaction and interrelationship of the child with the child's parent or parents and siblings
  and with any other person who significantly affects the child's best interest;
           (d)      the child's adjustment to home, school, and community;
           (e)      the mental and physical health of all individuals involved;
           (f)      physical abuse or threat of physical abuse by one parent against the other parent or the child;
           (g)      chemical dependency, as defined in 53-24-103, or chemical abuse on the part of either parent;
           (h)      continuity and stability of care;
           (i)      developmental needs of the child;
           (j)      whether a parent has knowingly failed to pay birth-related costs that the parent is able to pay,
  which is considered to be not in the child's best interests;
           (k)      whether a parent has knowingly failed to financially support a child that the parent is able to
  support, which is considered to be not in the child's best interests;
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                                                       Unofficial Draft Copy
****                                                   As of: 10/07/2024, 03:13:50
69th Legislature 2025                                  Drafter: Chanan Brown, ****                                   LC 0315
           (l)      whether the child has frequent and continuing contact with both parents, which is considered to
  be in the child's best interests unless the court determines, after a hearing, that contact with a parent would be
  detrimental to the child's best interests. In making that determination, the court shall consider evidence of
  physical abuse or threat of physical abuse by one parent against the other parent or the child, including but not
  limited to whether a parent or other person residing in that parent's household has been convicted of any of the
  crimes enumerated in 40-4-219(8)(b).
           (m)      adverse effects on the child resulting from continuous and vexatious parenting plan
  amendment actions;
           (n)      the child's Indian heritage, regardless of the child's tribal enrollment status or Indian blood
  quantum.
           (2)      When determining the best interest of the child of a parent in military service, the court shall
  consider all relevant parenting factors provided in subsection (1) and may not determine the best interest of the
  child based only upon the parent's military service.
           (3)      A de facto parenting arrangement, in the absence of a prior parenting decree, does not require
  the child's parent or parents to prove the factors set forth in 40-4-219.
           (4)      The following are rebuttable presumptions and apply unless contrary to the best interest of the
  child:
           (a)      A parenting plan action brought by a parent within 6 months after a child support action against
  that parent is vexatious.
           (b)      A motion to amend a final parenting plan pursuant to 40-4-219 is vexatious if a parent seeks to
  amend a final parenting plan without making a good faith effort to comply with the provisions of the parenting
  plan or with dispute resolution provisions of the final parenting plan."
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           Section 2. Section 42-5-107, MCA, is amended to read:
           "42-5-107.    (Temporary) Best interests of child. (1) In determining whether to grant a petition to
  adopt, the court shall consider all relevant factors in determining the best interests of the child. The court shall
  consider factors relevant to the determination of a prospective adoptive parent's parenting ability, the future
  security for a child, and familial stability.
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                                                      Unofficial Draft Copy
****                                                  As of: 10/07/2024, 03:13:50
69th Legislature 2025                                 Drafter: Chanan Brown, ****                                    LC 0315
           (2)      In a contested adoption proceeding involving a child, the court shall consider the factors set out
  in subsection (1) and shall also consider:
           (a)      the nature and length of any relationship already established between a child and any person
  seeking to adopt the child;
           (b)      the nature of any family relationship between the child and any person seeking to adopt the
  child and whether that person has established a positive emotional relationship with the child;
           (c)      the harm that could result to the child from a change in placement;
           (d)      whether any person seeking to adopt the child has adopted a sibling or half-sibling of the child;
           (e)      which, if any, of the persons seeking to adopt the child were selected by the placing parent or
  the department or agency whose consent to the adoption is required.
           (3)      In an Indian child placement, the court shall determine if the requirements of the federal Indian
  Child Welfare Act, 25 U.S.C. 1901, et seq., and the Montana Indian Child Welfare Act provided for in Title 41,
  chapter 3, part 13, have been met. (Terminates June 30, 2025--sec. 55, Ch. 716, L. 2023.)
           42-5-107.    (Effective July 1, 2025) Best interests of child. (1) In determining whether to grant a
  petition to adopt, the court shall consider all relevant factors in determining the best interests of the child. The
  court shall consider factors relevant to the determination of a prospective adoptive parent's parenting ability, the
  future security for a child, and familial stability.
           (2)      In a contested adoption proceeding involving a child, the court shall consider the factors set out
  in subsection (1) and shall also consider:
           (a)      the nature and length of any relationship already established between a child and any person
  seeking to adopt the child;
           (b)      the nature of any family relationship between the child and any person seeking to adopt the
  child and whether that person has established a positive emotional relationship with the child;
           (c)      the harm that could result to the child from a change in placement;
           (d)      whether any person seeking to adopt the child has adopted a sibling or half-sibling of the child;
           (e)      which, if any, of the persons seeking to adopt the child were selected by the placing parent or
  the department or agency whose consent to the adoption is required;
           (f)      the cultural needs of the child related to the child's Indian heritage, regardless of the child's
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                                                  Unofficial Draft Copy
****                                              As of: 10/07/2024, 03:13:50
69th Legislature 2025                             Drafter: Chanan Brown, ****                                    LC 0315
  tribal enrollment status or Indian blood quantum.
          (3)      In an Indian child placement, the court shall determine if the requirements of the Indian Child
  Welfare Act, 25 U.S.C. 1901, et seq., have been met."
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          NEW SECTION. Section 3.        {standard} Notification to tribal governments. The secretary of state
  shall send a copy of [this act] to each federally recognized tribal government in Montana.
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          NEW SECTION. Section 4.        Effective date. [This act] is effective July 1, 2025.
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