Besides PHCs, various other legal proceedings are involved in a dependency and neglect, or DN case. The timing of some of these proceedings is set by law.

Listen and Reflect

Listen to the following audio that discusses the importance of understanding the DN case process in your work as a PHC facilitator.

DN Cases Audio Transcript

Below is an outline of the process and timing in child abuse and neglect cases in Montana. Some PHC facilitators in Montana did not have extensive experience with DN cases before their involvement in the PHC Pilot Court Project. While a complete understanding of the legal process is not necessary, knowing what may occur can help you appreciate your importance as a PHC facilitator at the beginning of a case. These materials will help you gain some recognition of what the parents will be going through so you can help create a better plan for the family. This knowledge will also remind you to quickly focus the parties on the issues that will ultimately impact a case's outcome.

A few important legal terms relevant to DN cases are defined below:

Parental Suitability: All parents are entitled to hearings on their suitability to care for their children when children are removed from the parents’ care. The U.S. Supreme Court continues to recognize that parental rights are constitutionally¹ protected fundamental rights.² Stanley v. Illinois, 405 US 645 (1972) Suitable parents are presumed to act in their children’s best interest. The state should not inject itself into the private realm of the family when the parents are suitable.Troxel v. Granville, 530 U.S. 57 (2000)
Indian Child Welfare Act Notice: If the Indian Child Welfare Act, or ICWA, applies, or there is reason to believe it applies, formal notice must be sent to the parents, Tribe or Tribes, Indian custodian and sometimes the Bureau of Indian Affairs via registered or certified mail. This also applies to cases involving the Montana Indian Child Welfare Act, or MICWA. However, by state law, parents and Indian custodians in Montana should expect to receive personal service, but they may also receive notice by registered or certified mail.

A show cause hearing is the first non-emergency hearing and child custody proceeding, as defined by ICWA, to be held in a DN case in Montana. Non-emergency child custody proceedings require formal ICWA notice. Thus, under the ICWA notice requirements, a show cause hearing cannot be held until 10 days after notice to allow for objections. The parties receiving ICWA notice may request an extension of 20 days to respond. 25 USC 1912(a)
Emergency Hearings: The ICWA notice provision does not apply to emergency hearings. 25 C.F.R. 23.2; MCA 41-3-306 (7) & (8). Thus, no formal ICWA notice is required for PHCs, EPS hearings, or other meetings and conferences. However, informal notification for these events is strongly recommended.
Termination of Parental Rights: If the state later files a petition for termination of parental rights, an additional formal ICWA notice must be sent to the parents, Tribe or Tribes, and Indian custodian, informing them about the new petition.

The graphic below describes the initial steps in dependency and neglect cases.

To navigate the following activity using your keyboard, use the Tab key to jump between hotspots. You can follow the hotspot link by using the Enter or Return key. To go back to a previous hotspot, you can use Tab+Shift. Use the Esc key to close.

To navigate using your mouse, click on the "+" (plus) hotspots to find out more. Click the "x" to close it.

The graphic below describes the DN case proceedings that may occur if a case is not dismissed during or before an adjudication hearing.

Written Reflection

Consider what would be important for a family to understand at each stage of the DN case process. How would this information inform your work as a PHC facilitator and the creation of a plan for a family?

Definitions