Parental Rights Advocates Warn New Amendment to HB 377 Could Encourage “Medical Kidnapping”

HELENA — Montanans for Health and Family Rights (MTHFR) is urging lawmakers to oppose House Bill 377 as it heads to the Montana Senate floor, citing new language in the bill that the group says could lead to increased Child Protective Services (CPS) investigations and the erosion of parental rights in medical decisions.

The group previously raised objections to HB 377 in March, after an earlier amendment introduced a “reasonable belief” clause that could allow providers to withhold health records from parents. At the time, MTHFR warned that such language was overly subjective and ripe for misuse. The latest changes, they say, make the bill even worse.

The bill, sponsored by Rep. Nelly Nicol (HD-53), was originally introduced to enhance parental access to a child’s medical records. But a recent amendment approved by the Senate Public Health, Welfare and Safety Committee has drawn sharp criticism. The updated text adds language stating that a provider may withhold records if they:

“reasonably believe that making the child’s health care information available to the child’s parent is likely to endanger the life or physical safety of the child”
and
“has filed a report required by 41-3-201” (mandatory reporting of suspected child abuse or neglect).

MTHFR says the combination of these two clauses makes the bill more dangerous than before. “Now, in order to deny parents access to their child’s medical records, a health provider must first file a CPS report,” said MTHFR founder Maria Wyrock in a message to allied advocacy groups. “This could lead to more frivolous CPS reports and medical treatment disputes being escalated into state custody cases.”

The group provided a recent example from North Dakota, where a mother lost custody of her newborn for declining certain hospital-recommended procedures. Although the baby was later returned after public outcry and intervention by legislators, MTHFR cited the case as a warning of how these scenarios can unfold — especially when legal frameworks give providers broad discretion.

“Disputes can be as minor as seeking a second opinion, opting out of drug treatments, or choosing alternative remedies,” Wyrock wrote. “This bill allows subjective and biased decisions by healthcare providers to override the rights of parents.”

The group also raised alarm that the language could shield medical errors from scrutiny by allowing providers to withhold records in contentious situations. “It could help hide malpractice,” the group argued in its public statement, “by giving a way to hide your child’s records from you.”

Though some groups originally supporting the bill believed the amendment improved it, MTHFR is calling for a full stop. “Chairman [Dennis] Lenz — a recognized expert on CPS issues in Montana — voted against this bill,” the group noted. “Other Republican legislators may have been misled by lobbying groups.”

Montanans for Health and Family Rights is asking constituents to contact all state senators and request a “no” vote when HB 377 comes to the floor. “This is anti-parental rights,” the group said. “We can and should try again next session for a better version.”