According to the August 2025 Child and Family Services Review (CFSR) data, Montana has the second highest rate of children in foster care in the United States, with 5.60 children in foster care for every 1,000 children. CFSR is a collaborative effort between state child welfare agencies and the federal Children’s Bureau, designed to assess states’ progress and improve outcomes for children and families in the child welfare system.

Montana’s rate of children in foster care per 1,000 children has decreased to 5.60 from 7.2 in 2021. Alaska’s rate is 5.36. West Virginia has the highest rate at 11.78. The national average for children in foster care per 1,000 is 2.25. Therefore, a child in Montana is about 2.5 times more likely to be in foster care compared to the national average.

According to Children’s Bureau data from 2023, 41.0 percent of Montana children in care were American Indian/Alaska Native children. However, Native American children represent only 8.7 percent of the total population of children in Montana. In comparison, 42.7 percent of the children in care in Montana were white children, even though they represented 77.2 percent of the state’s children. This means that more than four out of 10 Montana children in foster care in 2023 were Native American. (https://cwoutcomes.acf.hhs.gov/cwodatasite/pdf/montana.html)

In 2015, to improve outcomes for children and families, the federally funded Montana Court Improvement Program (CIP) initiated a pilot program called the Pre-Hearing Conference (PHC) project, which began in Lewis and Clark, Gallatin, and Flathead counties. It was based on an earlier pilot project in Yellowstone County. From there, the CIP pilot program expanded to Yellowstone, Cascade, Park, Sweetgrass, Butte-Silverbow, and Cascade counties, and the 5th and 7th judicial districts.

Over the years, data was collected from the original three CIP pilot counties, Lewis and Clark, Gallatin, and Flathead counties. CIP 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.

Permanency generally means the conclusion of the legal case. It is typically reached in most cases through reunification, guardianship, or adoption.

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 with their children.

In 2021, the state Legislature created an interim committee to study the PHC pilot project. In 2023, the Montana Legislature passed a bill to expand PHCs statewide. After Governor Gianforte signed it, the law went into effect on July 1, 2023. The 2025 Montana Legislature clarified that PHCs must be held within five business or working days of a child’s removal from their home, and they must occur before Emergency Protective Services (EPS) hearings. MCA 41-3-307. EPS hearings are the initial court hearings, which are also set within five business or working days of a child’s removal. MCA 41-3-306.

Generally, PHCs are held by video conference. However, in some jurisdictions, PHCs are held in person in jury rooms, conference rooms, or unused courtrooms at a courthouse. 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 EPS hearing. The participants include parents, the Child and Family Services Division (CFSD) Child Protection Investigators and/or Child Reunification Specialists, attorneys, tribal representatives, a Court Appointed Special Advocate (CASA) or other guardian ad litem, foster or resource parents, family members, and children, if appropriate. PHCs are conducted by a neutral facilitator, who is paid by the Montana Office of the Court Administrator (OCA). The facilitator’s role is to make sure everyone in the room can speak openly and honestly about the pending case. Facilitators cannot give legal advice, and judges do not participate in PHCs.

The purpose of the PHC is to talk about the four main issues in the case:

1. The child’s placement or where they will live
2. Family time, including visitation between parent and child
3. Treatment services for the family
4. What must happen for the children to return home (conditions of return)

PHCs 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 family reunification as a team. PHCs 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 PHC 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 treatment services for the family
• Establishing realistic conditions of return: Can the children safely return home? If not, what must happen before they can safely return home?

The outcomes CIP hopes to achieve through the PHC's are:

1. Increased rate of family reunification
2. Decreased number of days to permanency
3. 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.

• PHC Fact Sheet
• PHC Brochure (Revised in July 2025)
• PHC Facilitator's Training Manual  
• PHC Stakeholder's Training Manual