Concerned about the length of time it was taking for parents to appear in court and see their children after being removed from their homes on allegations of child abuse and neglect, judges in Yellowstone and Flathead counties in 2020 began to implement Emergency Protective Services (EPS) hearing pilot courts.
These courts gave parents an opportunity to be in court within five business days of removal. Previously, parents had not been in court until the “show cause” hearing, which could occur as late as 20 days after the initial filing of a dependent neglect (DN) court case. In some instances, this was nearly four weeks after a child’s removal.
The primary objective of an EPS hearing is to provide parents and guardians with an opportunity to address the court about their child’s removal from the home within a few days of a removal. It also expedites the appointment of legal counsel and seeks to engage the parents in supportive services aimed at reunifying the child with their family.
During the 2023 Montana legislative session, HB 16 was enacted into law, making EPS hearings within five business days of a child’s removal mandatory in all dependent neglect cases throughout Montana.
This change was based in part on an interim study of these hearings instituted during the 2021 Montana Legislature. During an EPS hearing the court must decide whether a child’s removal will continue beyond the date of the hearing. In addition, discussions may occur regarding the placement of the child, family time and visitation, services for the parents and family, and what may need to occur for the child to return home.
The overarching goals of the EPS hearings are to:
To learn more about EPS hearings, please visit CIP’s website at cip.mt.gov.