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Committee hears bill to require prompt notice to pre-hearing coordinators after child removals
Summary
Senate Bill 73 would require agencies to notify pre-hearing conference coordinators after a child removal and clarify timing so pre-hearing conferences occur before Emergency Protective Services hearings; proponents said it would speed case planning, while members asked about "working days" definitions and fiscal impact.
HELENA, Mont. — The Senate Public Health, Welfare and Safety Committee on Jan. 13 opened a hearing on Senate Bill 73, which would require the agency that places a child into protective custody to notify the pre-hearing conference coordinator so a pre-hearing conference can be scheduled promptly.
Senator Mike Yakawich, who presented SB 73, said the bill "mandates that the facilitator is aware of the situation" and argued timely notification would let pre-hearing conferences resolve issues before a judge hears the Emergency Protective Services (EPS) hearing.
The bill’s proponents described the pre-hearing conference as a short, problem-solving meeting that brings together parents, county or tribal attorneys, the department, the child’s lawyer and advocates to discuss placement, services and visitation before an EPS hearing. Nikki Grossberg, division administrator for Child and Family Services, told the committee: "This bill clarifies that the pre hearing conference must be held within 5 working days of a removal, which aligns with the Emergency Protective Services hearing." Grossberg requested a "due pass." Heather Webster, deputy chief county attorney in Yellowstone County’s child abuse and neglect division, said pre-hearing conferences have been "incredibly helpful in Yellowstone County" and urged passage.
Tribal representatives — including Patrick Yawakie (spelled in testimony) of the Blackfeet and Alyssa Snow of the Chippewa Cree Tribe of Rocky Boy — and child-advocacy groups also supported SB 73, saying clearer timelines could improve outcomes for Native children who are disproportionately represented in foster care.
Tom Billteen, bureau chief with the Office of Court Administrators, and committee members discussed fiscal and operational questions. Billteen said the Judicial Branch houses the pre-hearing program and that funding for facilitators flows through the Office of Court Administrators; he added the program uses a part-time coordinator and contracted facilitators. Senator Windiboy raised the bill’s fiscal note and whether adding a notification would create new costs for the Office of Public Defender; committee witnesses said the bill adds the coordinator as a notified party but does not create a new position and is not intended to change existing workloads.
Committee members also questioned wording and practical effect. Several senators asked whether "5 working days" is clearly defined in statute and whether the term applies uniformly across agencies (some committee members contrasted "working days" and "business days"). Proponents said the practical intent is to align the pre-hearing timeline with the EPS hearing so planning happens before judges hear the EPS matter.
No committee vote occurred; Senator Yakawich closed by asking the committee to "do pass." The hearing record shows testimony and discussion but no formal committee action on SB 73 at this meeting.
