Montana Health Department reduces number of children in state care

The State of Montana has reduced the number of children in foster care by nearly 25 percent, or 990 children, since a legislative audit from 2019 counted some of the highest numbers in history, according to a report Tuesday from the Department of Public Health and Human Services.

In fact, Erica Johnston, executive director with DPHHS, said the numbers are on track to fall below 3,000 for the first time in six years. Johnston shared the data in an update to the legislative Child, Families, Health and Human Services Interim Committee.

At the meeting, legislators heard the ways the Health Department has been working to keep children safe and with their families when possible, and they also heard from some members of the public who want the state to do more to protect the rights of parents.

Johnston said the Health Department has worked hard to implement prevention policies, focus on comprehensive casework, and ensure it’s meeting best practices. She said the number of children in state care went from 3,950 in 2019 to 3,236 in 2021 to recently 3,004.

She also said removal rates have dropped since the audit from 10.6 percent to roughly 8 percent due to “lots of excellent work” administratively and in the field.

“We have made diligent efforts around that work to get to today’s number,” Johnston said.

The Health Department tracks children in foster care and other data through a public online dashboard that is updated monthly, she said. The presentation to the committee noted Child and Protective Services reports also have dropped from 10,935 in 2019 to 10,272 in 2020 and 9,063 in 2021.

In 2021, the Health Department received roughly 30,000 calls; it logged 20,000 into the system; investigated around 9,000; and removed children in some 1,800 cases, said Nikki Grossberg, acting administrator of the Child and Family Services Division.

“We are mandated to prevent removal if at all possible,” she said.

Generally, Grossberg said safety for children is at the forefront of the work the agency does. In working to better the system over the last three years, she said the focus has been to have the right children in foster care at the right time, to increase use of community prevention services, to be data driven in making decisions, and to take a systems approach to improvement.

The majority of children are reunited with their parents, Grossberg said. She said it’s the No. 1 priority for the agency and it’s the outcome most children prefer.

Matt Kuntz, head of the Montana chapter of the National Alliance for Mental Illness, praised the Health Department for driving a turnaround. He said the work is difficult, but he was hopeful for the years ahead.

“It is very apparent that people who have seen the worst things on the ground are now running it and building a system that takes real consideration that we do value the right of families, and we want to stop children from being abused, and the intersection of that is really hard and generally underfunded,” Kuntz said.

Denise Johnson, with Montana Child Protection Alliance, also thanked the Health Department for its progress. She said five years ago, parents felt they weren’t getting due process, and she sees people working hard to make headway.

At the same time, Johnson offered some suggestions for changes she would like to see, including a warrant issued prior to removal in order to protect the Constitutional rights of parents, and parents to have their rights provided to them similar to when a person hears their Miranda Rights when under arrest. She also said she wanted a better definition of “imminent danger” so it isn’t abused given the trauma removal can cause a child.

“It actually haunts me. I’ve seen it happen. It’s extremely hard on the child,” Johnson said.

Sen. Theresa Manzella, R-Hamilton, said she was concerned about Constitutional rights in the Fourth and Sixth amendments and also had concerns parents were not being charged with crimes. She argued they have a right to face their accusers. She said she recognizes children need help, but she was struggling with the process.

Sen. Chris Friedel, R-Billings, said he wanted to know how many of the removals were linked to alcohol and substance use as a contributing factor, and the answer was 60 percent to 70 percent. He also said he has experience on the ground and knows that workers are reluctant to pull children from their families.

“I see a lot of them not being removed,” Friedel said.