The proposed bill establishes a framework for determining the best interests of a child in various circumstances, emphasizing the need for a standardized approach in policymaking that prioritizes children's well-being. It outlines specific factors that must be considered when making such determinations, including the child's physical and emotional safety, developmental needs, parental capacity, and the child's own preferences. Additional considerations include family relationships, parental willingness to foster connections, and the child's adjustment to their environment, among others. Importantly, the bill clarifies that a court is not obligated to assign weight to any of these factors but must provide a rationale for its decisions.
Furthermore, the bill includes a codification instruction indicating that the new section will be integrated into Title 41, chapter 1 of the Montana Code. This integration aims to ensure that the provisions related to the best interests of the child are formally recognized within the state's legal framework, thereby reinforcing the importance of considering children's needs in policy and legal decisions.