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March 2007 Legislative Issues & Outcomes

Bills that Successfully Passed the First House or are “still alive”:

  • HB 57, sponsored by Representative Eve Franklin (D-Great Falls) by request of the CFHHS, would require the DPHHS to purchase liability insurance for foster parents who are providing foster care or therapeutic foster care for a youth under 18 years of age placed by a state agency, appropriating $70,000 general fund each year of the 2009 biennium to purchase the insurance effective July 1, 2007. The bill was heard Jan. 22 in the House Appropriations Committee, amended and passed 19 – 0 Feb. 27 and sent to printing. The bill is classified as an appropriation bill.

  • HB 214, sponsored by Representative Jonathan Windy Boy (D-Box Elder), would provide that state general fund money be available to match federal funds for foster care services to eligible children under the jurisdiction of a tribal court, amending 52-2-603, MCA. The fiscal note shows no impact to the state because the general fund would be the same as already provided through contracts with the tribes by the Child and Family Services Division and federal legislation would be required for the tribes to access Title IV-E funds under the Social Security Act directly. The bill was heard in the House Appropriations Committee Feb. 6, amended and passed 19 – 0 Feb. 14, passed second reading 96 – 4 Feb. 17, passed third reading 95 - 5 Feb. 19 and was transmitted to the Senate.

  • HB 312, sponsored by Representative Michael Lange (R-Billings), would submit to the qualified electors an amendment to Article II of the Montana Constitution to provide for the constitutional rights of parents to the care, custody and control of their minor children and to control and direct the education and upbringing of their children. The bill was head Jan. 23 in House Judiciary Committee, amended Jan. 30 and passed 9 – 8, then rereferred back to House Judiciary Committee Jan 31, which amended the bill and passed it 11 – 6 Feb. 14. It passed second reading 50 – 49 Feb. 16, third reading 51 – 49 Feb 17 and was transmitted to the Senate.

  • HB 490, sponsored by Representative Julie French (D- Scobey), would allow a $1,000 individual income tax credit for the adoption of an eligible child, with requirements to claim the credit, which could be carried forward. The fiscal note shows general fund revenue loss of about $330K per year from the tax credits. The bill was heard in House Tax Feb. 2, amended Feb. 9 and passed 18 – 0, passed second reading 100 – 0 Feb 13, passed third reading 100 – 0 Feb 14 and was transmitted to the Senate.

  • HB 713, sponsored by Representative Tom McGillvray (R-Billings), would revise post-adoptive services to include counseling and supportive services, amending 42-2-409, MCA. The bill was heard Feb. 19 by the House Human Services Committee, amended and passed 13 – 1 Feb. 20, was amended and passed second reading 86 – 14 Feb. 23, passed third reading 89 - 11 Feb. 26 and was transmitted to the Senate.

  • SB 83, sponsored by Senator Trudi Schmidt (D-Great Falls) requested by CFHHS by the DPHHS, as amended would clarify the role of the Child and Family Services Division when a noncustodial parent may be considered for custody of a youth in need of care, amending 41-3-438, 41-3-442, and 41-3-445, MCA. The bill was heard in Senate Public Health, Welfare & Safety Committee, amended and passed 8 – 0 Jan. 16, passed second reading 50 – 0 Jan. 19, third reading 50 – 0 Jan. 22 and was transmitted to the House.

  • SB 504, sponsored by Senator Christine Kaufmann (D-Helena), would revise support services for youth foster homes and kinship foster homes, requiring notification of the availability of support services, amending 52-2-603 and –627, MCA. The bill was heard Feb. 21 in Senate Public Health, Welfare and Safety, amended and passed 5 – 4 Feb. 22, passed second reading 50 - 0 Feb. 26, passed third reading 49 – 1 Feb. 27 and was transmitted to the House.

    Bills that Failed in the House of Origin:

  • HB 548, sponsored by Representative Dennis Himmelberger (R-Billings), would revise the laws to require biological parents to complete a treatment plan within 18 months of placement of their child in foster care or initiate action to terminate the parental rights of the biological parents, amending 41-3-604, MCA. The fiscal note shows no fiscal impact to the state. The bill was heard Feb. 9 in the House Judiciary Committee and tabled Feb. 14.

    Thanks to Twila Costigan for this information!


    January, 2003
    Talking Point
    for foster parents.
    If you can't make it to the hearings in Helena...[Click Here]

    35KB Word doc

    January, 2001
    We have received a donation, from a contributor who asks for no publicity, for the purpose of giving each legislator $100 with which to purchase "a wardrobe" for a foster child. The hope is that these lawmakers will quickly see from this experience how difficult it is to properly clothe a foster child on the small amount of money currently given for this purpose. It is also hoped that we will be able to impress upon the legislature that foster parents should be trusted with the clothing allowance money - to be used when it is needed and to be able to have the allowance available to be used during seasonal clothing sales, thereby getting the most clothing for the least amount of money.

    We currently have two bills in their final stages - one for support services increase and one for an increase and standardization of respite care hours allowed. House bill # LC0025.01 could use some "friendly persuasion" by anyone interested in seeing it pass. Write your representatives! We are also looking to "dress" 13 dolls - representing actual foster children and their stories - to have carried by our legislators as they vote on bills affecting foster care in our state. A work party will be formed at Erin Bonine's home to get the dolls done.

    We will be arranging for a vanload of people to go to Helena and testify on bills affecting foster care issues. Anyone interested in participating should contact Bonnie Curtis or Erin Bonine.


    February, 2001
    A group of representatives went to Helena to speak on behalf of Foster Parent concerns currently before the Legislature. Individuals reported that it was gratifying to be able to see how the system works and to be a part of the process. "Foster Baby Dolls" - as mentioned in last month's meeting --went out to all legislators who wanted them. Several legislators received the grant of $100 each to "adequately clothe a foster child" and learn first-hand how difficult this is within the current program restrictions. All of "our bills" which are currently in the House, will have the opportunity to be moved on to the Senate on the 16th, so it is important to let the legislators know NOW if you feel strongly about any of these bills. Whatever the legislature does or doesn't do this year, we will have to "live with" for the next two years.
    Members of our group also had the opportunity to spend some time "one on one" with Chuck Hunter, head of D.F.S., to discuss Respite Care issues, payment of Respite Care, Diaper Allowance, and Foster Care payments possibly being done in one check instead of three separate checks, and the issue of frequency of Social Worker visitation of children in the foster home.


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