Ombudsman report details challenges, citizen concerns

Montana’s Office of the Child and Family Ombudsman, which works to prevent child abuse and neglect and increase safety, well-being and permanency for the state’s children, is tackling an overall caseload that is about five times the size of what the office was handling when it first launched in 2014.

Specifically, the office responds to citizen questions and concerns about the state’s child protection systems by reviewing individual cases, and also collects and analyzes a tremendous amount of data.

“Both the citizens’ questions and the data identify systemic issues in Montana’s child welfare systems, including the internal Child and Family Services (CFS) practices, legal and judicial system challenges, and the role of community service providers,” according to the office’s recently posted 2019 annual report.

The office, which is part of the Montana Department of Justice’s Division of Criminal Investigation, is independent, impartial and confidential.

Staff received 327 citizen contacts in 2019, which are described as any time someone calls, emails or writes the office regarding a case — a process that begins the intake process, the report noted. Of those, 126 became formal “requests for assistance,” which require even further investigation, review and involvement by one of the state’s two ombudsman.

At the end of each year, open contacts and requests carry over to the next year.

According to the report, staff started 2019 with 172 contacts already open for investigation or pending review for investigation. These contacts that carried over from previous years, combined with the new ones received, have “resulted in a higher caseload for each ombudsman than in all previous years.”

This burgeoning caseload is just one of many findings outlined in the annual ombudsman reports. The documents also outline specifically where data came from throughout the state, show recommendations the ombudsman made to the Montana Department of Public Health and Human Services for system improvement, list top concerns from citizens regarding the functioning of the department’s CFS division and much more.

The report breaks down the ombudsman’s cases by the state’s six Child and Family Services Regions. For example, 10% of the contacts in 2019 came from Region VI in Kalispell, which includes Flathead, Glacier, Lincoln and Sanders counties. While that percentage is a 2% increase from the 2018 report, it is small compared to other areas such as Regions III and IV, which collectively accounted for more than half of ombudsman contacts.

Of those total 327 contacts, 63 identified domestic violence as a factor, which is a 4% increase from 2018. In addition, 95 contacts identified drug use as a factor, which is a 2% decrease from 2018.

These findings align with what Montana’s health department officials have said regarding the state’s overflowing foster care system — an issue leadership says is spurred on primarily by high rates of drug use in homes, which prompts child removals.

For years, Montana has ranked high in the nation for the number of kids in the foster-care system. But according to Jon Ebelt with the state Department of Public Health and Human Services, efforts on many fronts have brought that number to the “lowest it has been in several years.” In 2018, for example, 3,951 children were in the system, but that number is currently 3,557.

Ebelt said one of the department’s priorities moving into 2020 is to “continue to stabilize the kids in care numbers by utilizing community and family resources to safely keep children in their homes while providing services to their family.”

WHILE THE office’s first priority is to respond to citizens and conduct investigations, Montana law also directs the office to “periodically review department procedures and promote best practice and effective programs by working collaboratively with the department to improve procedures, practices and programs.”

The ombudsman will make recommendations to the health department on a quarterly basis, based on several factors including trends in the cases and concerns from citizens. The office forwarded 38 recommendations to the department last year, but only nine of those received responses from the state.

Ebelt said although the department considers “each and every recommendation” from the ombudsman’s office and other entities, leaders and other stakeholders identify the most appropriate and urgent ones to move forward with.

“A decision is made on what recommendations to prioritize based on what will have the greatest impact practice, and how it will affect children and families,” Ebelt said. “We prioritize child safety, family engagement, and community education.”

But many of the recommendations that received no response appear important.

For example, one directed CFS “to complete all background checks upon placement” because “allowing children to be in placement with potential abusers is in contrast with CFSD’s primary mission of protection.” Another suggested the division “review the policies and procedures for filing the required forms for removal and retrain CPS on writing factual, objective, and accurate documentation.”

This lack of response from the health department and CFS was one of the most prevalent concerns from citizens, the report noted. This concern, which according to the report has increased by 15% over the last four years, means staff did not answer inquiries.

The second most prevalent concern was that of unprofessional conduct, in which CFS behavior was “disrespectful, unreasonable, unhelpful, or unethical.” The third, which is a concern shared by many who have encountered Montana’s child welfare system, is the belief that reports of child abuse to the division “were not being fully investigated” and safety plans “were not sufficient to keep the child safe and prevent abuse.”

Ebelt said the department takes these types of allegations “very seriously” and investigates each one. He added that these allegations could possibly be contributed to staff turnover and high caseloads within CFS.

“That said, turnover doesn’t tell the whole story of CFSD response. Our staff endeavor to remain engaged with families throughout the entire time they are involved with CFSD,” Ebelt said.

Regardless, Ebelt did identify turnover rates as one of the most pressing challenges facing the division. However, he said the health department has taken steps to improve this, including enhanced training and higher base pay for frontline staff.

The health department is currently advertising for 16 child protection specialists statewide. Two of those positions are for the Kalispell location where, along with other offices across the state, high turnover rates historically have been a challenge.

The full report and others can be viewed on the Montana Department of Justice’s website at https://dojmt.gov/enforcement/specialservices/

Reporter Kianna Gardner can be reached at 758-4407 or kgardner@dailyinterlake.com