Family Guide to Initial Contacts and Intervention

A Family Guide to The Montana Child Welfare SystemInitial Contacts with CFSD

What You Need to Know About Initial Interactions with Child and Family Services Division

  • Child and Family Services Division (CFSD) is a state agency that provides services to the children and families of Montana. The mission of the Child and Family Services Division is to keep children safe and families strong.
  • CFSD is contacting you because a report was made to the Child Abuse Hotline. Any person concerned about the safety of a child can make a report to the Child Abuse Hotline 24 hours a day365 days a year. Some people have jobs that make them, "mandatory reporters," meaning they are required by law to promptly notify the Child Abuse Hotline at any point that they have reasonable cause to suspect child abuse or neglect. The identity of the person that made the report is confidential and cannot be revealed by any employee of CFSD. It is important to know that state law requires CFSD to investigate all reports that meet statutory criteria of suspected child abuseand neglect. It is also important to know that an investigation in and of itself does not necessarily mean abuse or neglect has taken place. Often CFSD's involvement becomes an opportunity to provide support services thatcan help a family.

 

What Happens During an Investigation?

A Child Protection Specialist (CPS) will do the following during an investigation:

  • Interview and observe all the children in your • Interview all adults in your home.home. Per Montana law 41-3-202J your child maybe interviewed at school1 daycare1 or any otherplace the child is present.
  • Request to visit with your family in your homeenvironment.
  • Interview collateral contacts/resources whoknow your family. This can include but is notlimited to talking with school staff, medicalpersonnel1 daycare providers1 law enforcementofficers1 familyJ friends1 or any other individualsyou may identify.
  • Will complete the investigationwithin 60 days.
  • Treated respectfully and without discrimination

If safety concerns are identified, the CPS will work with you and your family to alleviate safety concerns which willinclude creating a plan to control for safety, while referring you to services in the community for additional support.

Do I Have a Say in the Matter?

You have the right to direct the upbringing1 education1 health care1 and mental health of your child and are the experton your family. Your participation is extremely important so that CFSD can make an informed assessment of theallegations and how your family functions by understanding your family's unique circumstances. You are not requiredto speak with the CPS, permit entry to your home or to submit to a drug/alcohol test; however1 your CPS wants to hearyour side of the story and your response to the allegations. Regardless of your level of participation1 CFSD is stillrequired to make a decision regarding your child's safety and any statements made can be utilized in anadministrative or court proceeding. At any point during an investigation a decision could be made to intervene inyour family's life for the purposes of keeping your child safe. You may seek/consult legal counsel at any time.

CFSD Intervention

What Is CFSD Intervention?

If safety threats are identified,CFSD will implement a SafetyManagement Plan to ensure thesafety of your child. The SafetyManagement Plan will occurwhether your children are in yourhome or out of your home. CFSDwill also implement a PreventionPlan or Treatment Plan to help youaccess professional resources thatcan assist in mitigating safetythreats. If the identified threats toyour child can be managed whileyour child is in your home, aPrevention Plan can be offered. Ifthe identified safety threats cannotbe managed while maintainingyour child in your home, your childmay be removed and placed inemergency foster care while legalintervention is initiated. Followingremoval, CFSD will continue towork with your family to identifycommunity and family resourcesto safely return your child to yourhome. You may have an attorneyand/or support person present forany meeting with CFSD staff.

What You Need to Know About Working with the Child and Family Services Division

Child and Family Services Division(CFSD) is a state agency that providesservices to the children andfamilies of Montana. The missionof the Child and Family ServicesDivision is to keep children safeand families strong.

What is a Prevention Plan?

This plan does not involve legalintervention. A Prevention Plan is avoluntary agreement between Parentsand CFSD to partner together withcommunity and family resources toprevent removal and legal intervention.This plan allows for CFSD to workclosely with your family to enhance yourability to care for your child safely andsustainability. Your willingness toparticipate with CFSD and serviceproviders is critical to a successfulPrevention Plan.

What is a Legal Intervention?

When a Prevention Plan cannot be put into place, you will receive a documentcalled Notification to Parent. Thedocument initiates legal interventionthrough Emergency Protection Services(EPS). The Notification to Parent willinclude a date and location for an EPShearing. The notification may alsoinclude the date and location for a Pre-Hearing Conference (PHC), if available inyour area. CFSD will document thereasons for removal in an affidavit thatwill be provided to the court. You will beappointed an attorney through the Officeof Public Defender. You may contact theOffice of Public Defender at1-888-241-8657 or opdeps@mt.gov

What is an Emergency Protective Services Hearing?

EPS Hearings must occur within 5 business days from removal. At the hearing, theJudge can make several decisions, two of them being; whether CFSD should haveremoved your child from your care, and whether your child should remain in foster care.Following the hearing, the judge will issue a court order reflecting their decision.Please consult with your attorney for additional information regarding legalintervention.

You have the right to:

  • Receive a copy of the affidavit.
  • Attend and participate in thehearing which includes providing a statement to the judge.
  • Have a support person or personspresent at any meeting with CFSD.
  • Contest allegations, call andcross-examine witnesses.
  • Be provided services including , visitation with your child, unlessotherwise ordered by the court.
  • Request that your child beplaced with a relative.

What is a Pre-Hearing Conference?

A Pre-Hearing Conference (PHC), is a meeting that may be held after a removal withyour attorney, CFSD and other legal partners. The PHC will be a discussion about theplacement of your child, conditions for return, visitation with your child, andrecommended services for you and your family.

Use of Medical & Mental Health Records

Medical and Mental Health records may be requested to inform you Prevention Plan orTreatment Plan. You have the right to withhold consent to release your medical ormental health records unless ordered to do so by the court.

You have the right to accomodations under the Americans with Disabilities Act of 1990,42 U.S.C. 12101, Et seq.

Will Law Enforcement be Notified?

CFSD is required to cross-report allegations of child abuse and neglect such as sexualabuse, physical abuse, exposure to violence or dangerous drugs, or any other allegationsthat may also be criminal offenses to law enforcement.