In 2021, Montana had the third highest rate of children in foster care in the United States, with 7.2 in foster care for every 1,000 children. Alaska was second, with a rate of 7.4, and West Virginia was first, with a rate of 13. The national rate is 2.8 per 1,000 children.
The non-profit, non-partisan research organization Child Trends, from which these numbers came, also showed that in the same year, 37 percent of the children in care in Montana were American Indian/Alaska Native children. Native American children represent only nine percent of children in Montana. In comparison 46 percent of the children in care in Montana were white children, even though they represented 78 percent of the state’s children. This means that more than a third of the children in foster care in Montana are American Indian.
In 2015, to improve outcomes for children and families, the federally funded Court Improvement Program (CIP) started a pilot program called the pre-hearing conference (PHC) project, which began in Lewis and Clark, Gallatin, and Flathead counties. From there it expanded to Yellowstone, Cascade, Park and Sweetgrass, Butte-Silverbow, and Cascade counties, and the 5th and 7th judicial districts.
Over the years, CIP collected data from the original three counties and hired a researcher to analyze the data. (See attached report in the “More Links” section at the bottom of the page). CIP’s study showed that the PHC pilot project had met its primary goals of increasing the rate of children reunifying with their families and reducing the time to permanency, which is the conclusion of the legal case. In dependent and neglect (DN) cases with a PHC, the rate of reunification was higher (62%) compared to cases that did not include a PHC (53%). In addition, the average time to permanency was reduced from 530 days without a PHC to 472 with a PHC. Also, if parents had higher levels of participation at the PHC, they were more likely to reunify.
In 2021, the state Legislature created an interim committee to study the PHC pilot project and, in 2023, passed House Bill 16 to expand PHC’s statewide. After Governor Gianforte signed it, the law went into effect July 1, 2023. PHC’s must be made available in all judicial districts statewide. They must be available to parents and guardians within five days of a child’s removal, and occur before Emergency Protective Services hearings, which are set within five business days of removal. Generally, they are held by video conference, but can also take place in jury rooms or conference rooms at a courthouse, if available. The type and location of a PHC generally depends on the jurisdiction in which the PHC is held.
At its most basic, a PHC is a conversation among the parties that occurs before the Emergency Protective Services hearing. The participants include parents, Child and Family Services Division (CFSD) Child Protection Specialists (CPS), attorneys, tribal representatives, Court Appointed Special Advocates (CASA) volunteers, guardians ad litem, foster parents, family members, and children, if appropriate. The PHC’s are conducted by a neutral facilitator, who is paid by CIP. The facilitator’s role is to make sure everyone in the room can speak openly and honestly about the pending case. Facilitators are not allowed to give legal advice, and judges do not participate.
The purpose of the PHC is to talk about the four main issues in the case:
- The child’s placement
- Family time between parent and child
- Treatment services for the family
- Conditions of return
PHC’s provide an opportunity for all parties to establish a mutual understanding of what is in the best interest of the children, and to begin working toward reunification of the family as a team. PHC’s seek to establish trust between the parties by fostering open discussions among them.
Besides introducing the parties and their roles as they relate to the children, and trying to move the process from adversarial to cooperative, the general goals of a pre-hearing conference consist of:
- Identifying any needs or issues related to the children
- Gathering input from family and friends concerning family history, safety issues, and support available to the family
- Identifying possible relative and kin placements for children early in the case
- Identifying possible relative and other resources for supervision of increased family time
- Identifying services the parents need and would agree to begin immediately
- Discussing and reaching agreements regarding placement, family time, and services for the family
- Establishing realistic conditions of return: Can the children safely return home? If not, what conditions must be met before they can safely return home?
The outcomes CIP hopes to achieve through the PHC's are:
- Increased rate of family reunification
- Decreased number of days to permanency
- Increased buy-in from the parties by providing a safe and neutral environment
To learn more about PHCs, please visit cip.mt.gov and look at the “E-Learning Courses” icon. There, you will find two Moodle-based courses about PHC’s – one is labeled “facilitator’s guide” and the other “stakeholder’s guide”. The stakeholder’s guide provides a detailed overview of the PHC’s, while the facilitator’s guide outlines the process for people CIP hires to serve as facilitators. Both courses are free and available to the public.