HOUSE JOINT RESOLUTION NO. 32
INTRODUCED BY N. BIXBY
A JOINT RESOLUTION OF THE SENATE AND THE HOUSE OF REPRESENTATIVES OF THE STATE OF MONTANA REQUESTING A PERFORMANCE AUDIT OF THE CHILD PROTECTIVE SERVICES SYSTEM BY THE LEGISLATIVE AUDIT DIVISION.
WHEREAS, it is the policy of the State of Montana, as stated in section 41-3-101, MCA, to protect family unity, to provide for the protection of children who may be adversely affected by those responsible for their care and protection, and to ensure that whenever removal from a home is necessary, the child is entitled to maintain ethnic, cultural, and religious heritage, whenever appropriate; and
WHEREAS, Congress enacted the Indian Child Welfare Act of 1978 (ICWA) to prevent the breakup of Indian families and to give Indian tribes a role in matters concerning custody of Indian children, and the ICWA must be recognized in child custody proceedings, such as foster care placement, termination of parental rights, and adoptive or preadoptive placements, that involve Indian children; and
WHEREAS, although section 41-3-109, MCA, states that proceedings that involve an Indian child are subject to the ICWA, there are numerous exceptions in the ICWA that allow exclusive or concurrent jurisdiction of either the state or the Indian tribe, dependent on domicile, custody, parental petition, and "good cause", which may lead to uneven interpretation and application of the law and occurrences in which the Indian tribes are denied jurisdiction; and
WHEREAS, the federal Adoption and Safe Families Act of 1997 was also enacted to provide for child safety and for an accelerated resolution of issues to facilitate fewer temporary placements and to lead, ideally, to permanent placements for children in need of foster care and protective services; and
WHEREAS, the application of the power of the state to intervene in families is a difficult judgment call that the Department of Public Health and Human Services is required to make in order to protect children and families; and
WHEREAS, the social workers who make those judgment calls do so within the context of a local community with law enforcement, the County Attorney's office, and the court, but those decisions must be reviewed to ensure that the law is being applied equally statewide; and
WHEREAS, significant concerns have been raised regarding the operation and inadequate funding of the child protective services system, and in response, the Legislature considers that it is appropriate to call for a performance audit by the Legislative Audit Division.
NOW, THEREFORE, BE IT RESOLVED BY THE SENATE AND THE HOUSE OF REPRESENTATIVES OF THE STATE OF MONTANA:
That the Legislative Audit Committee prioritize a performance audit of child protective services in the Department of Public Health and Human Services, including but not limited to:
(1) the provision of child protective services across the state in regard to family-based services, intervention and treatment, investigations of abuse and neglect reports, out-of-home placements, especially with a noncustodial parent or kin, and the extent to which those practices are uniform statewide;
(2) policies and procedures regarding the application of the Indian Child Welfare Act of 1978 across the state and especially in the urban jurisdictions, many of which are near Indian reservations and all of which may involve Indian children. The audit may include a review of the Guidelines for State Courts for Indian child custody proceedings of the Bureau of Indian Affairs that the Montana Supreme Court has held are applicable and should be considered in ICWA cases.
(3) the extent to which the Department's policies and procedures, such as family group conferencing and foster care home recruiting, reflect cultural needs and are conducted in a manner that considers cultural practices and language;
(4) the extent to which the training of social workers, County Attorneys, and courts is relevant regarding the state and federal provisions pertaining to child protective services; and
(5) the provision of recommendations regarding management, personnel, and training needs of the Department for child protective services.
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