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HOUSE BILL NO. 269
INTRODUCED BY B. MOLNAR, D. GRIMES, D. MCGEE, K. MILLER
A BILL FOR AN ACT ENTITLED: "AN ACT
CREATING REQUIRING THE DEPARTMENT OF PUBLIC HEALTH
AND HUMAN SERVICES TO ADOPT RULES ESTABLISHING A FAMILY ADVOCACY PROGRAM TO PROVIDE
ASSISTANCE TO FAMILIES THAT ARE INVOLVED IN SITUATIONS OF STATE INTERVENTION IN FAMILY
AFFAIRS ; SETTING OUT THE DUTIES AND PRIVILEGES OF A FAMILY ADVOCATE, INCLUDING IMMUNITY
FROM LIABILITY; ALLOWING A FAMILY ADVOCATE ACCESS TO ALL RELEVANT RECORDS; AND
AMENDING SECTION 41-3-205, MCA; AND PROVIDING A TERMINATION DATE; AND AMENDING SECTION
41-3-208, MCA." WHEREAS, because the state is considered to be a parent pursuant to the parens patriae doctrine, it is
the duty of the state to protect children and the family by establishing a watchdog program of family
advocacy that would not only guard and protect the vital interests of a child but also guard and protect
the interests of the family as a whole by helping to prevent the development of erroneous case histories.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
(Refer to Second Reading Second House Bill)
Strike everything after the enacting clause and insert:
Section 1. Section 41-3-208, MCA, is amended to read:
"41-3-208. Rulemaking authority. (1) The department of public health and human services shall adopt rules to govern the procedures used by department personnel in preparing and processing reports and in making investigations authorized by this chapter.
(2) The department may adopt rules to govern the disclosure of case records containing reports of child abuse and neglect.
(3) The department shall adopt rules necessary to establish and implement a family advocacy program for the purpose of providing for procedures, practices, and criteria by which an advocate for the rights of parents' functions in times of intervention by the state."
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Latest Version of HB 269 (HB0269.03)
Processed for the Web on March 27, 1999 (1:46PM)
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