Mont. Code Ann. § 52-2-803 — MT Code / Title 52 / Chapter 2 / Part 8 / Section 52-2-803
52-2-803 Duties of department
Status: in_force

52-2-803 . Duties of department. The department shall:

(1) exercise licensing authority over all programs under this part;

(2) adopt rules prescribing the health and safety standards upon which licenses are issued under this part;

(3) adopt rules setting forth reasonable licensing fees;

(4) make available to the public information on the name, address, and contact information for each licensee; and

(5) report to the children, families, health, and human services interim committee in accordance with 5-11-210 on the department's efforts related to this part.
Mont. Code Ann. § 52-3-506 — MT Code / Title 52 / Chapter 3 / Part 5 / Section 52-3-506
52-3-506 Coordination with federal legislation
Status: in_force

52-3-506 . Coordination with federal legislation. Nothing in this part shall be construed to prevent the department from complying with the rules and regulations promulgated by the U.S. department of health and human services pursuant to the "Older Americans Act of 1965", as amended.
Mont. Code Ann. § 52-5-111 — MT Code / Title 52 / Chapter 5 / Part 1 / Section 52-5-111
52-5-111 Commutation of sentence to state prison facility and transfer of prisoner to correctional facility
Status: in_force

52-5-111 . Commutation of sentence to state prison facility and transfer of prisoner to correctional facility. (1) Upon the application of a person who has not attained 18 years of age who has been sentenced to a state prison facility or upon the application of the youth's parents or guardian, the governor may, after consulting with the department of corrections and with the approval of the board of pardons and parole, commute the sentence by committing the person to the department of corrections for placement in a correctional facility if the person may benefit from programs offered at a correctional facility. Except as provided in subsection (2), the commutation continues in effect until the youth is 18 years of age or until sooner placed or discharged.

(2) If the youth's behavior after being committed to the department of corrections as provided in subsection (1) indicates that the youth is not a proper person to reside at one of the correctional facilities, the governor, after consulting with the department of corrections and with the approval of the board of pardons and parole, may revoke the commutation and return the youth to a state prison facility to serve out the youth's unexpired term, and the time spent by the youth at one of the correctional facilities or while a refugee from one of the correctional facilities may not be credited against the youth's original sentence.

(3) Independent of the commutation of sentence procedures provided for in subsections (1) and (2), on recommendation of the warden and with the approval of the department of corrections, a person under 18 years of age who has been sentenced to a state prison facility and who may benefit from programs offered at a correctional facility may be transferred to any correctional facility under the jurisdiction and control of the department of corrections.

(4) If the youth's behavior after transfer to a correctional facility indicates that the youth might be released on parole or that the youth's sentence might be commuted and the youth be discharged from custody, the superintendent of the facility, with the approval of the department of corrections, may make an appropriate recommendation to the board of pardons and parole and the governor, who may in their discretion parole the person or commute the youth's sentence.

(5) If the youth's behavior after transfer to a correctional facility indicates that the youth is not a proper person to reside in the facility, upon recommendation of the superintendent and with the approval of the department of corrections, the youth must be returned to a state prison facility to serve out the unexpired term.
Mont. Code Ann. § 52-2-629 — MT Code / Title 52 / Chapter 2 / Part 6 / Section 52-2-629
52-2-629 Fee waivers for government documents provided to former foster children -- exception for academic records -- rulemaking
Status: in_force

52-2-629 . Fee waivers for government documents provided to former foster children -- exception for academic records -- rulemaking. (1) Except as provided in subsection (3), a person who meets the following criteria may not be assessed the fees identified in subsection (2):

(a) the person was previously a foster child as defined in 52-2-602 but is no longer in the custody of the department of public health and human services due to the person turning 18 years of age; and

(b) the person is under 21 years of age.

(2) The following fees may not be assessed to the individuals identified in subsection (1):

(a) the fee to county clerks for each certified copy of a birth certificate under 7-4-2631 ;

(b) the fee to the department of public health and human services for the replacement of a birth certificate under 50-15-111 ;

(c) the fee to the department of justice for the application or renewal of a driver's license or motorcycle endorsement under 61-5-111 ;

(d) the fee to the department of justice for a replacement license under 61-5-114 ;

(e) the fee to the department of justice for an identification card under 61-12-504 ; and

(f) a fee charged by a unit of the Montana university system for the release of a student's transcript or academic record under 20-25-515 .

(3) Notwithstanding the requirement in subsection (2)(f), a fee charged by a unit of the Montana university system for the release of a student's transcript or academic record under 20-25-515 may be assessed to a person who meets the criteria in subsection (1) if the unit of the Montana university system first assesses the fee to the department of public health and human services for reimbursement under 52-2-630 and:

(a) the department certifies that it is unable to reimburse the fee under the requirements of 52-2-630 ; or

(b) the fee is not paid within 30 days after it is assessed to the department.

(4) A person eligible for a fee waiver under this section may be required to provide an oral attestation that the person meets the criteria under subsection (1)(a). The office or department responsible for furnishing a document listed under subsection (2) may not require the person to provide additional evidence of eligibility beyond the oral attestation.

(5) The department of public health and human services may adopt rules to implement 52-2-630 and this section.
Mont. Code Ann. § 52-2-201 — MT Code / Title 52 / Chapter 2 / Part 2 / Section 52-2-201
52-2-201 Purpose
Status: in_force

52-2-201 . Purpose. It is the purpose of this part to strengthen and improve children's services in Montana by requiring interagency cooperation regarding the provision of services to children.
Mont. Code Ann. § 52-3-801 — MT Code / Title 52 / Chapter 3 / Part 8 / Section 52-3-801
52-3-801 Short title
Status: in_force

52-3-801 . Short title. This part may be cited as the "Montana Vulnerable Adult Prevention of Abuse Act".
Mont. Code Ann. § 52-2-309 — MT Code / Title 52 / Chapter 2 / Part 3 / Section 52-2-309
52-2-309 Children's system of care account
Status: in_force

52-2-309 . Children's system of care account. (1) There is a children's system of care account in the state special revenue fund to the credit of the department. The fund must be used for the purpose of administering and delivering services to high-risk children with multiagency service needs and to provide for the children's care, protection, and mental, social, and physical development.

(2) The children's system of care account must consist of funds:

(a) transferred, to the extent possible within existing resources, by the agencies named in 52-2-303 from their agency appropriation;

(b) designated by the legislature; or

(c) received for the account from any other source.

(3) The department shall use funds from the children's system of care account to reimburse in-state or community-based providers of services for services that allow high-risk children with multiagency service needs to be placed or to remain in the least restrictive and most appropriate setting, to the extent that the services are not eligible for reimbursement from another source.
Mont. Code Ann. § 52-2-112 — MT Code / Title 52 / Chapter 2 / Part 1 / Section 52-2-112
52-2-112 Duty to strengthen child welfare services
Status: in_force

52-2-112 . Duty to strengthen child welfare services. The department shall make provision for establishing and strengthening child welfare services, including protective services, and for care of children in registered or licensed family foster homes, child-care agencies, group homes, or treatment facilities. Payment provided under this section is made under the provisions of 41-3-115 and 52-2-611 .
Mont. Code Ann. § 52-3-103 — MT Code / Title 52 / Chapter 3 / Part 1 / Section 52-3-103
52-3-103 Designation of area agencies
Status: in_force

52-3-103 . Designation of area agencies. (1) The department of public health and human services may designate as an area agency in a geographical area an entity that demonstrates its ability to:

(a) develop and administer an area plan for a comprehensive and coordinated system of services; and

(b) serve as the advocate and focal point for older persons in the planning and service area.

(2) An entity may be but is not limited to:

(a) an established office on aging that operates within the geographical area;

(b) an office or agency of a unit of general purpose local government, except a local office of public assistance;

(c) any combination of offices or units of general purpose local governments; or

(d) any other public or private, nonprofit agency, except a regional or local agency of the state.
Mont. Code Ann. § 52-2-714 — MT Code / Title 52 / Chapter 2 / Part 7 / Section 52-2-714
52-2-714 Best beginnings child care scholarship program
Status: in_force

52-2-714 . Best beginnings child care scholarship program. There is a best beginnings child care scholarship program administered by the department. The program is established to provide scholarships to qualified low-income families whose child received care provided by a licensed or registered child care provider or day-care facility.
Mont. Code Ann. § 52-2-704 — MT Code / Title 52 / Chapter 2 / Part 7 / Section 52-2-704
52-2-704 Duties of department
Status: in_force

52-2-704 . Duties of department. (1) The department is responsible for planning, implementing, and coordinating programs under the Montana Child Care Act.

(2) The department shall:

(a) assess child-care needs and resources within the state;

(b) develop a state child-care plan;

(c) coordinate child-care programs administered by all state agencies;

(d) issue licenses to persons to receive children into a day-care center on a regular basis;

(e) prescribe the conditions and publish minimum standards upon which licenses and registration certificates are issued;

(f) adopt rules for day-care facilities consistent with the purposes of this part;

(g) adopt rules for day-care centers that provide day care on an irregular basis, which includes exceptions regarding requirements for immunization records and staffing ratios; and

(h) issue registration certificates to a person or persons to receive children into a family day-care home or group day-care home on a regular basis.

(3) The department may:

(a) enter into interagency agreements to administer and coordinate child-care programs;

(b) accept any federal funds made available for the improvement or promotion of child-care services within the state;

(c) administer any state and federal funds that may be appropriated for the purposes of the part; and

(d) issue a license to a person to receive children into a day-care center on an irregular basis if the person chooses to apply for licensure.
Mont. Code Ann. § 52-2-622 — MT Code / Title 52 / Chapter 2 / Part 6 / Section 52-2-622
52-2-622 Issuance of license -- authority of issuing agency -- rules
Status: in_force

52-2-622 . Issuance of license -- authority of issuing agency -- rules. (1) The department may issue licenses to persons operating youth care facilities or grant approval of kinship or extended family care providers and prescribe the conditions upon which licenses and approvals may be issued. The department may make rules necessary for the licensure or approval, operation, and regulation of those facilities consistent with the welfare of the residents.

(2) The department may inspect all licensed facilities or approved homes and, as appropriate, undertake action, including but not limited to the revocation of licenses and approvals.

(3) The person providing care in the facilities or homes shall give the department any information that may be required and afford the department every reasonable opportunity for observing the operation of the facilities or homes.

(4) The department shall require an applicant for a youth foster home license to submit to a criminal and child protection background check, which must include information pertaining to criminal convictions, reports of domestic violence, and substantiated child abuse or neglect of children. The department shall require a criminal background investigation of each applicant by means of a fingerprint check by the Montana department of justice and the federal bureau of investigation.
Mont. Code Ann. § 52-2-722 — MT Code / Title 52 / Chapter 2 / Part 7 / Section 52-2-722
52-2-722 Application for a license or registration certificate
Status: in_force

52-2-722 . Application for a license or registration certificate. (1) Application for a license or registration certificate shall be made to the department in the county in which the applicant lives on forms prescribed by the department.

(2) Applications for a license or registration certificate by Indians residing on Indian reservations shall be made through the tribal governing body on forms prescribed by the department. Applications made through a tribal governing body shall be accompanied by a request by the tribal governing body that the department investigate to determine whether a license or registration certificate should be granted.

(3) Within 30 days of receipt of the application, the department shall determine whether a license or registration certificate should be issued.
Mont. Code Ann. § 52-2-725 — MT Code / Title 52 / Chapter 2 / Part 7 / Section 52-2-725
52-2-725 Renewal license -- registration certificate
Status: in_force

52-2-725 . Renewal license -- registration certificate. If a licensed or registered day-care facility desires to renew a license or registration certificate, the request for renewal shall be made in writing, on forms prescribed by the department, in the county in which the applicant lives, 30 days prior to the expiration of its license or registration certificate.
Mont. Code Ann. § 52-5-112 — MT Code / Title 52 / Chapter 5 / Part 1 / Section 52-5-112
52-5-112 University aid to residents of schools
Status: in_force

52-5-112 . University aid to residents of schools. The department of corrections may, on the recommendation of the superintendent, authorize a resident of a correctional facility who has completed high school and who is otherwise eligible to receive up to $800 per year toward the resident's expenses incurred in attending a unit of the Montana university system. The money may be used for transportation, clothing, books, board, and room and must be paid in the same manner as other expenses of the school. The board of regents of higher education may waive fees and tuition for these residents pursuant to 20-25-421 . No more than eight residents of each correctional facility may receive these benefits each year. The department shall notify the board of regents before August 1 of each year of the residents that it has designated to receive the benefits for the next school year.
Mont. Code Ann. § 52-1-102 — MT Code / Title 52 / Chapter 1 / Part 1 / Section 52-1-102
52-1-102 Definitions
Status: in_force

52-1-102 . Definitions. Unless the context requires otherwise, in this title, the following definitions apply:

(1) "Department" means the department of public health and human services provided for in 2-15-2201 .

(2) "Director" means the director of public health and human services provided for in 2-15-2201 .
Mont. Code Ann. § 52-4-203 — MT Code / Title 52 / Chapter 4 / Part 2 / Section 52-4-203
52-4-203 Licensing
Status: in_force

52-4-203 . Licensing. (1) A person may not operate a community home for persons with severe disabilities, also called a facility, unless the facility is licensed by the department.

(2) A community home for persons with severe disabilities must be inspected and licensed annually by the department of public health and human services.

(3) A license may not be sold, assigned, or transferred. Upon discontinuance of the operation or upon transfer of ownership of a facility, the license must be returned to the department or destroyed by the owners.

(4) A facility shall display its license in a conspicuous place near its admitting office.

(5) If a facility is the subject of substantiated claims of abuse, neglect, or exploitation, or if a facility does not meet the minimum standards for operating a community home for people with severe disabilities, the department may reduce the facility's license to, or issue the facility, a provisional license for less than 1 year if operation or continued operation of the facility will not result in undue hazards to its residents.

(6) The department may inspect a licensed community home for people with severe disabilities whenever it considers necessary. The entire premises of a licensed facility must be open to inspection, and access to all records must be granted at all reasonable times.
Mont. Code Ann. § 52-2-804 — MT Code / Title 52 / Chapter 2 / Part 8 / Section 52-2-804
52-2-804 License required -- term of license -- fees
Status: in_force

52-2-804 . License required -- term of license -- fees. (1) A person, group of persons, or corporation may not establish or maintain a program as defined in this part unless licensed to do so by the department. A license is valid only for the person and premises for which it was issued. A license may not be sold, assigned, or transferred.

(2) The department:

(a) may issue a license that remains in effect for a period not to exceed 3 years; and

(b) may charge a reasonable fee commensurate with administrative costs to issue a license, as set forth by rule.

(3) A 3-year license may be issued only to a program that has not received notice of any deficiencies on the licensing criteria and implementation guidelines that are provided in department rule.
Mont. Code Ann. § 52-3-804 — MT Code / Title 52 / Chapter 3 / Part 8 / Section 52-3-804
52-3-804 Duties of department
Status: in_force

52-3-804 . Duties of department. (1) The department shall investigate reports of abuse, sexual abuse, neglect, or exploitation received pursuant to 52-3-811 (1)(a).

(2) The department shall prepare an annual report of the information obtained pursuant to the reporting requirement of this part.

(3) The department shall, when appropriate, provide protective services under Title 52, chapter 3, part 2, for a vulnerable adult alleged to have been abused, sexually abused, neglected, or exploited.

(4) If a vulnerable adult alleged to be abused, sexually abused, neglected, or exploited pursuant to this part or the vulnerable adult's caretaker refuses to allow a representative of the department entrance to the premises for the purpose of investigating a report made pursuant to 52-3-811 (1)(a), the district court in the county where the vulnerable adult is found may order a law enforcement officer or a department representative to enter the premises to conduct an investigation on finding that there is probable cause to believe that the vulnerable adult is abused, sexually abused, neglected, or exploited.

(5) If a representative of the department has reasonable grounds to believe that a vulnerable adult alleged to be abused, sexually abused, neglected, or exploited is suffering from abuse, sexual abuse, neglect, or exploitation that presents a substantial risk of death or serious physical injury, the department may:

(a) provide voluntary protective services as provided in subsection (3); or

(b) if the department representative has reasonable grounds to believe that the vulnerable adult is an incapacitated person, provide emergency protective services as follows:

(i) arrange or facilitate an appropriate emergency protective service placement;

(ii) transport or arrange for the transport of the vulnerable adult to the appropriate placement;

(iii) not later than 2 judicial days following placement of the vulnerable adult, either:

(A) provide voluntary protective services as provided under subsection (3); or

(B) petition the district court to act as temporary guardian or appoint a temporary guardian as provided in 72-5-317 .
Mont. Code Ann. § 52-3-101 — MT Code / Title 52 / Chapter 3 / Part 1 / Section 52-3-101
52-3-101 Functions of department of public health and human services
Status: in_force

52-3-101 . Functions of department of public health and human services. The department of public health and human services shall:

(1) consult with and advise organized efforts by communities, organizations, associations, and groups that are working toward any forms of assistance to problems of aging;

(2) study and identify problems of aging;

(3) review existing programs for the aging and make recommendations to the governor and the legislature for improvements in the programs;

(4) encourage the sponsorship of community projects which will seek to make optimum use of the time and talents of retired persons;

(5) coordinate, through area councils on aging, the delivery of community-based care, including but not limited to home health care, homemaker services, foster home care, nutrition, transportation, winterization, information and referral, and recreation.
Mont. Code Ann. § 52-2-602 — MT Code / Title 52 / Chapter 2 / Part 6 / Section 52-2-602
52-2-602 Definitions
Status: in_force

52-2-602 . Definitions. For the purposes of this part, the following definitions apply:

(1) "Child-care agency" means a youth care facility in which substitute care is provided to 13 or more children or youth.

(2) "Department" means the department of public health and human services provided for in 2-15-2201 .

(3) "Foster child" means a person under 18 years of age who has been placed by the department in a youth care facility.

(4) "Kinship foster home" means a youth care facility in which substitute care is provided to one to six children or youth other than the kinship parent's own children, stepchildren, or wards. The substitute care may be provided by any of the following:

(a) a member of the child's extended family;

(b) a member of the child's or family's tribe;

(c) the child's godparents;

(d) the child's stepparents; or

(e) a person to whom the child, child's parents, or family ascribe a family relationship and with whom the child has had a significant emotional tie that existed prior to the department's involvement with the child or family.

(5) "Person" means any individual, partnership, voluntary association, or corporation.

(6) "Respite care" means the provision of temporary, short-term supervision or care of a foster child, in an emergency or on an intermittent basis, to provide foster parents relief from the daily care requirements of a foster child whose mental or physical condition requires special or intensive supervision or care. Respite care includes but is not limited to homemaker services, child care, and emergency care either in the home or out of the home.

(7) "Respite care provider" means a person who meets the qualifications and requirements established by the department to provide respite care under 52-2-627 .

(8) "Substitute care" means full-time care of a youth in a residential setting who is placed by the department, another state agency, or a licensed child-placing agency. Individuals who provide care to youth who are recipients of services provided through the department's developmental disabilities, mental health, or medicaid home and community-based services waiver program are also considered to be providing substitute care. This part does not apply when a person accepts the care and custody of a child on a temporary basis as an accommodation for the parent or parents, guardian, or relative of the child.

(9) "Transitional living program" means a program with the goal of self-sufficiency in which supervision of the living arrangement is provided for a youth who is 16 years of age or older and under 21 years of age.

(10) "Youth assessment center" has the meaning provided in 41-5-103 .

(11) "Youth care facility" means a facility that is licensed by the department or by the appropriate licensing authority in another state and in which facility substitute care is provided to youth. The term includes youth foster homes, kinship foster homes, youth group homes, youth shelter care facilities, child-care agencies, transitional living programs, and youth assessment centers.

(12) "Youth foster home" means a youth care facility in which substitute care is provided to one to six children or youth other than the foster parents' own children, stepchildren, or wards.

(13) "Youth group home" means a youth care facility in which substitute care is provided to 7 to 12 children or youth.

(14) "Youth shelter care facility" means a youth care facility that regularly receives children under temporary conditions until the court, probation office, department, or other appropriate social services agency has made other provisions for the children's care.
Mont. Code Ann. § 52-2-735 — MT Code / Title 52 / Chapter 2 / Part 7 / Section 52-2-735
52-2-735 Health protection -- certification required
Status: in_force

52-2-735 . Health protection -- certification required. (1) The department shall adopt rules for the protection of children in day-care centers from the health hazards of inadequate food preparation, poor nutrition, and communicable diseases. Rules adopted by the department must include rules requiring children under 5 years of age to be immunized against Haemophilus influenza type "b" before being admitted for care in the facility unless an exemption has been claimed as provided in 20-5-405 .

(2) Local public health authorities shall arrange to provide training to day-care center providers and employees regarding health hazards. Upon successful completion of the training the local public health authorities shall issue certificates to the providers and employees.

(3) In lieu of training, local public health authorities may elect to inspect facilities and issue certificates of approval to child-care center providers.

(4) Each applicant for a license to operate a day-care center shall submit to the department a certificate issued pursuant to subsection (2) or (3) before the department will issue a license.

(5) The local public health authority may charge the applicant a reasonable fee, not to exceed $25, for any inspection necessary to issue a certificate of approval, or a fee not to exceed the documented cost for training it provides under this section.
Mont. Code Ann. § 52-4-204 — MT Code / Title 52 / Chapter 4 / Part 2 / Section 52-4-204
52-4-204 Health and safety standards
Status: in_force

52-4-204 . Health and safety standards. (1) A community home for persons with severe disabilities must be certified annually for fire and life safety by the department of justice. The department of justice shall notify the department whenever a community home has been certified or refused certification.

(2) (a) Local health officers shall inspect a community home for persons with severe disabilities to ensure compliance with health and safety standards. If for any reason the local authority cannot complete the inspection in a timely manner, the department of public health and human services may make the inspection to ensure compliance with the standards.

(b) The inspecting health officer shall notify the department whether a community home is or is not in compliance with applicable standards.

(c) A reasonable fee may be charged by health authorities conducting compliance inspections.
Mont. Code Ann. § 52-2-211 — MT Code / Title 52 / Chapter 2 / Part 2 / Section 52-2-211
52-2-211 County or regional interdisciplinary child information and school safety team
Status: in_force

52-2-211 . County or regional interdisciplinary child information and school safety team. (1) The county commissioners of each county shall ensure the formation of a county or regional interdisciplinary child information and school safety team that includes representatives authorized by any of the following:

(a) the youth court;

(b) the county attorney;

(c) the department of public health and human services;

(d) the county superintendent of schools;

(e) the sheriff;

(f) the chief of any police force;

(g) any board of trustees of a public school district operating within the boundaries of the county; and

(h) the department of corrections.

(2) Officials under subsection (1) from one county may also cooperate with officials under subsection (1) from any other county to form regional interdisciplinary child information and school safety teams, in which case access to information under 41-5-215 (2) is authorized for all members of the regional team for each county participating in a regional team. The formation of regional teams must be formalized by written agreement between participating counties.

(3) The persons and agencies listed in subsection (1) or (2) may by majority vote allow the following persons to join the team:

(a) physicians, psychologists, psychiatrists, nurses, and other providers of medical and mental health care;

(b) entities operating private elementary and secondary schools;

(c) attorneys; and

(d) a person or entity that has or may have a legitimate interest in one or more children that the team will serve.

(4) (a) The members of the team or their designees may form one or more auxiliary teams for the purpose of providing service to a single child, a group of children, or children with a particular type of problem or for any other purpose.

(b) A member of an auxiliary team must be a person who has personal knowledge of or experience with the child or children in the member's respective field.

(5) The purpose of the team is to ensure the timely exchange and sharing of information that one or more team members may be able to use in serving a child in the course of their professions and occupations, including but not limited to abused or neglected children, delinquent youth, and youth in need of intervention, and of information relating to issues of school safety. Information regarding a child that a team member supplies to other team members or that is disseminated to a team member under 41-3-205 or 41-5-215 (2) may not be disseminated beyond the organizations or departments that have an authorized member on the team under this section.

(6) The team shall adopt a written agreement for the rules under which the team will operate, the method by which information will be shared, distributed, and managed, and any other matters necessary to the purpose and functions of the team. Any agreement created may not limit access of any team member to information under 41-5-215 (2), and any delay in or failure to finalize an agreement may not be used by any member of the team to impede the timely exchange and sharing of information under subsection (5) of this section.

(7) An interdisciplinary child information and school safety team shall coordinate its efforts with interdisciplinary child protective teams as provided in 41-3-108 and youth placement committees as provided for in 41-5-121 .

(8) To the extent that the county or regional interdisciplinary child information and school safety team is involved in a proceeding that is held prior to adjudication of a youth in youth court, the team satisfies the requirements of 20 U.S.C. 1232g(b)(1)(E)(ii)(I) of the Family Educational Rights and Privacy Act of 1974. Montana school districts may release education records to the team. The officials and authorities to whom the information is disclosed may not disclose any information to any other party without the prior written consent of the parent or guardian of the student.

(9) The county superintendent of schools shall provide to the office of public instruction a current copy of the written agreement under this section no later than September 1. The office of public instruction shall report to the education interim committee in accordance with 5-11-210 any county that has not provided a written agreement under this section.
Mont. Code Ann. § 52-7-104 — MT Code / Title 52 / Chapter 7 / Part 1 / Section 52-7-104
52-7-104 Program costs
Status: in_force

52-7-104 . Program costs. The costs incurred by the Montana children's trust fund board in administering the child abuse and neglect prevention program must be paid for with money from the children's trust fund account established by 52-7-102 . The board shall keep costs to a minimum and use existing office space, personnel, equipment, and supplies of the department of public health and human services to the extent possible.
Mont. Code Ann. § 52-2-716 — MT Code / Title 52 / Chapter 2 / Part 7 / Section 52-2-716
52-2-716 Copayment requirements
Status: in_force

52-2-716 . Copayment requirements. Each eligible family shall participate in the cost of child care by making a copayment based on a sliding fee scale not to exceed 9% of an eligible family's monthly income.
Mont. Code Ann. § 52-3-501 — MT Code / Title 52 / Chapter 3 / Part 5 / Section 52-3-501
52-3-501 Short title
Status: in_force

52-3-501 . Short title. This part may be cited as the "Montana Older Americans Act".
Mont. Code Ann. § 52-3-115 — MT Code / Title 52 / Chapter 3 / Part 1 / Section 52-3-115
52-3-115 Older Montanans trust fund
Status: in_force

52-3-115 . Older Montanans trust fund. (1) There is an older Montanans trust fund within the permanent fund type. The trust fund is subject to legislative transfer and appropriation as provided in this section.

(2) The money in the fund may be used to create new, innovative services or to expand existing services for the benefit of Montana residents 60 years of age or older that will enable those Montanans to live an independent lifestyle in the least restrictive setting and will promote the dignity of and respect for those Montanans. The interest and income produced by the trust fund and appropriated to the department by the legislature is intended to increase services referred to in this subsection and not to supplant other sources of revenue for those programs in the trended traditional level, as used in 53-6-1201 , of appropriations for those services.

(3) The department may accept contributions and gifts for the trust fund in money or other forms, and when accepted, the contributions and gifts must be deposited in the trust fund.

(4) Interest and income earned on money in the trust fund must be retained within the fund.

(5) Ninety percent of the interest earned on the trust fund may be appropriated for the programs specified in subsection (2).
Mont. Code Ann. § 52-5-106 — MT Code / Title 52 / Chapter 5 / Part 1 / Section 52-5-106
52-5-106 Curricula at facilities
Status: in_force

52-5-106 . Curricula at facilities. The academic and vocational curricula in facilities containing academic and vocational training must include academic and vocational subjects that conform to the Montana school accreditation standards set by the board of public education.
Mont. Code Ann. § 52-3-201 — MT Code / Title 52 / Chapter 3 / Part 2 / Section 52-3-201
52-3-201 Short title
Status: in_force

52-3-201 . Short title. This part may be cited as the "Protective Services Act for Vulnerable Adults".
Mont. Code Ann. § 52-3-405 — MT Code / Title 52 / Chapter 3 / Part 4 / Section 52-3-405
52-3-405 Designation of planning and service areas
Status: in_force

52-3-405 . Designation of planning and service areas. (1) On or before October 1, 1983, and every 4 years following, the department shall redesignate the planning and service areas it utilizes for services to older adults.

(2) The department shall fix the number of planning and service areas at no less than 7 and no more than 10.

(3) Planning and service areas must follow recognized county boundaries and include Indian reservations located within the designated planning and service area.
Mont. Code Ann. § 52-2-806 — MT Code / Title 52 / Chapter 2 / Part 8 / Section 52-2-806
52-2-806 Provisional license
Status: in_force

52-2-806 . Provisional license. The department may issue a provisional license for a period not to exceed 1 year if it finds that a licensee or applicant does not meet all standards established by the department as long as the licensee or applicant is attempting to meet the minimum standards.
Mont. Code Ann. § 52-2-116 — MT Code / Title 52 / Chapter 2 / Part 1 / Section 52-2-116
52-2-116 Department to assist other agencies
Status: in_force

52-2-116 . Department to assist other agencies. The department shall assist other departments, agencies, and public and private institutions of the state and federal government, when so requested, by performing services in conformity with the purposes of this part and particularly such services and duties as may be assigned to it by any state board composed of state officers, provided such services and duties are legally within the duties of such state board.
Mont. Code Ann. § 52-3-805 — MT Code / Title 52 / Chapter 3 / Part 8 / Section 52-3-805
52-3-805 Adult protective service teams
Status: in_force

52-3-805 . Adult protective service teams. (1) The county attorney or the department shall convene one or more temporary or permanent interdisciplinary adult protective service teams. The teams shall assist in assessing the needs of, formulating and monitoring a treatment plan for, and coordinating services to vulnerable adults who are victims of abuse, sexual abuse, neglect, or exploitation. The supervisor of the adult protective services unit of the department or the department's designee shall serve as the team's coordinator. Members must include an adult protection specialist, a member of a local law enforcement agency, a representative of the medical profession, and a county attorney or the county attorney's designee, who is an attorney. Members may include other appropriate persons designated by the county attorney or the supervisor of the adult protective services unit of the department.

(2) When the team considers a matter involving an adult with developmental disabilities in the care of a person providing developmental disabilities services, the team must also include a provider of developmental disability services other than the provider involved in the matter under review. The team shall make a report to the county attorney that contains a recommendation concerning any criminal prosecution to be brought pursuant to this part.
Mont. Code Ann. § 52-2-612 — MT Code / Title 52 / Chapter 2 / Part 6 / Section 52-2-612
52-2-612 Debt to state by natural or adoptive parents -- limitations
Status: in_force

52-2-612 . Debt to state by natural or adoptive parents -- limitations. If a child has been placed in substitute care, as defined in 41-5-103 and 52-2-602 , and a written agreement for payment of support has been entered into by the responsible parent or parents and the department, the debt for support is limited to the amount provided for in the agreement. However, if a court order for support is or has been entered, the order prevails over the agreement.
Mont. Code Ann. § 52-2-901 — MT Code / Title 52 / Chapter 2 / Part 9 / Section 52-2-901
52-2-901 Evaluation and assessment of language development in deaf and hard-of-hearing children -- exception -- report
Status: in_force

52-2-901 . Evaluation and assessment of language development in deaf and hard-of-hearing children -- exception -- report. (1) In providing early intervention services for deaf and hard-of-hearing children and their families pursuant to Part B and Part C of the Individuals with Disabilities Education Act, 20 U.S.C. 1431, et seq., the department and the office of public instruction shall provide a list of tools for qualified personnel and educators to use in evaluating and assessing the language development of deaf and hard-of-hearing children. The tools must be selected from the list submitted by the language development advisory committee pursuant to [former] 52-2-904 .

(2) A tool:

(a) must be in a format that shows the stages of language development for American sign language or English;

(b) must be used by qualified personnel and educators to track the development of deaf and hard-of-hearing children's expressive and receptive language acquisition and developmental stages toward effective communication;

(c) must be selected from existing instruments or assessments used to assess the development of deaf and hard-of-hearing children from birth through 8 years of age; and

(d) must be appropriate, in both content and administration, for use with deaf and hard-of-hearing children.

(3) Except as provided in subsection (8), the tools must be used, as part of the assessment required by federal law, by a child's individualized family service plan or individualized education program, as applicable, to track the child's progress and to establish or modify the child's individualized family service plan or individualized education program.

(4) Each child's language development must be assessed:

(a) every 6 months from birth until the child reaches 3 years of age; and

(b) annually from 3 years of age until the child reaches 9 years of age.

(5) If a deaf or hard-of-hearing child does not progress through established benchmarks in expressive and receptive language skills as measured by one of the educator tools or assessments selected pursuant to this section or by the existing instrument used to assess the development of children with disabilities, the child's individualized family service plan or individualized education program team must:

(a) explain in detail the reasons the child is not meeting the language developmental milestones or progressing towards them; and

(b) recommend specific strategies, services, and programs that may be provided to assist the child's success in effective communication.

(6) (a) The department shall provide the list of tools selected pursuant to this part to providers of early intervention services to track the language development of the deaf and hard-of-hearing children to whom the provider is providing services.

(b) The office of public instruction shall provide a list of tools to educators or providers of school-based services to track the language development of a deaf or hard-of-hearing child receiving services.

(7) (a) The department and the office of public instruction shall each prepare an annual report, using existing data that is reported in compliance with federal requirements for children receiving Part B and Part C services, regarding language development in deaf and hard-of-hearing children from birth through 8 years of age relative to their peers who are not deaf or hard of hearing.

(b) The report must include, as applicable to each agency:

(i) the total number of children receiving Part B and Part C services;

(ii) the total number of children assessed for language development;

(iii) the languages in which children were assessed and the number of children assessed in each language;

(iv) the number of children who were and were not within age-appropriate development ranges based on their chronological age;

(v) information on how the ratings included in the report were developed;

(vi) for each assessment conducted, the tool that was used for the assessment; and

(vii) the number of assessment proctors whose qualifications as established by the producer of the assessment tool were verified by both the parent or guardian and the department or the office of public instruction.

(c) Each agency shall make its report available on its website along with the name and contact information of the person who prepared the report.

(8) A parent pursuing an indigenous language for a child may opt out of the evaluation and assessment required under this part.
Mont. Code Ann. § 52-2-801 — MT Code / Title 52 / Chapter 2 / Part 8 / Section 52-2-801
52-2-801 Purpose
Status: in_force

52-2-801 . Purpose. The purpose of this part is to provide for the licensure and regulation of private alternative adolescent residential or outdoor programs to monitor and maintain a high standard of care and to ensure the health and safety of the adolescents and parents using the programs.
Mont. Code Ann. § 52-3-205 — MT Code / Title 52 / Chapter 3 / Part 2 / Section 52-3-205
52-3-205 Departmental authority
Status: in_force

52-3-205 . Departmental authority. The department may implement a program for protective services by establishing appropriate rules which are not inconsistent with the department's activities.
Mont. Code Ann. § 52-5-108 — MT Code / Title 52 / Chapter 5 / Part 1 / Section 52-5-108
52-5-108 Medical examination before admission -- records required to accompany youth committed
Status: in_force

52-5-108 . Medical examination before admission -- records required to accompany youth committed. (1) Before a youth is admitted for any purpose or for any length of time to the Pine Hills correctional facility or another facility under an order of commitment to the department of corrections, the youth must be examined by a licensed physician assistant, by an advanced practice registered nurse, or by a licensed physician. A youth committed to the Pine Hills correctional facility or the department must be accompanied by the order of commitment, a medical examination report, an adequate social history, and any school records.

(2) The medical examination required under this section must be a current, complete physical examination of the youth.
Mont. Code Ann. § 52-2-202 — MT Code / Title 52 / Chapter 2 / Part 2 / Section 52-2-202
52-2-202 Definitions
Status: in_force

52-2-202 . Definitions. For purposes of this part, unless the context requires otherwise, the following definitions apply:

(1) "Children with multiagency service needs" means children under 18 years of age who have a need for services that are available from more than one state agency.

(2) "Services" means publicly funded social services for children, including public education, child protective services, mental health services, child health care, and related services.

(3) "State agency" means:

(a) the department of corrections provided for in 2-15-2301 ;

(b) the board of crime control provided for in 2-15-2008 ;

(c) the department of public health and human services provided for in 2-15-2201 ; and

(d) the superintendent of public instruction provided for in 2-15-701 .
Mont. Code Ann. § 52-3-601 — MT Code / Title 52 / Chapter 3 / Part 6 / Section 52-3-601
52-3-601 Purpose
Status: in_force

52-3-601 . Purpose. The legislature finds that many disabled and elderly Montana citizens reside in long-term care facilities in Montana and because of their isolated and vulnerable condition are dependent on others for care and protection. It is the intent of the legislature that, contingent on receipt of federal funds for the purpose, the office of legal and long-term care ombudsman services:

(1) monitor the quality of care and life for residents of long-term care facilities;

(2) develop and coordinate legal services for elderly citizens; and

(3) through necessary investigations, reports, and corrective action, ensure that a good quality of care and life be maintained for residents of long-term care facilities.
Mont. Code Ann. § 52-5-120 — MT Code / Title 52 / Chapter 5 / Part 1 / Section 52-5-120
52-5-120 Youth industries programs
Status: in_force

52-5-120 . Youth industries programs. The department of corrections may:

(1) establish youth industries programs in state correctional facilities that:

(a) assist in the training and rehabilitation of residents who are youth at correctional facilities; and

(b) provide the production or manufacture of products and the rendering of services that may be needed by:

(i) a department or agency of the state of Montana or a unit of local government;

(ii) an agency of the federal government; or

(iii) an office or agency of another state or a political subdivision of another state;

(2) contract with private industry for the sale of goods produced or manufactured at correctional facilities; and

(3) fix the purchase price for goods and services available under the industries program established in subsection (1).
Mont. Code Ann. § 52-8-101 — MT Code / Title 52 / Chapter 8 / Part 1 / Section 52-8-101
52-8-101 Definitions
Status: in_force

52-8-101 . Definitions. As used in this part, the following definitions apply:

(1) "Person" includes any individual, partnership, voluntary association, or corporation.

(2) "Placement activities" means any of the following:

(a) placement of a child for adoption or foster care;

(b) arranging or providing short-term foster care for a child pending an adoptive placement; or

(c) facilitating placement of a child by maintaining a list in any form of birth parents or prospective adoptive or foster parents.

(3) "Soliciting" means to request, offer, promote, or refer, either directly or indirectly through correspondence, advertising, or other method, a potential adoptive or foster parent or couple, birth parent or parents, or placement of a child by a birth parent.
Mont. Code Ann. § 52-2-723 — MT Code / Title 52 / Chapter 2 / Part 7 / Section 52-2-723
52-2-723 Requirements for licensure
Status: in_force

52-2-723 . Requirements for licensure. (1) The department shall include in the minimum standards for day-care centers the following requirements:

(a) The applicant, the applicant's employees, and all those persons who will come in direct contact with the children are of good character.

(b) The staff of the day-care facility is sufficient in number as provided by rule to provide adequate supervision and care of the children in the facility.

(c) Essential programs and practices carried on by the facility staff are developed and carried out with due regard for the protection of the health, safety, development, and well-being of the children.

(d) Applicant and staff are qualified by practical experience or education or training to give good care and treatment to the children.

(e) Intake records are kept on each child admitted for care.

(f) The applicant and staff limit admissions to the maximum number indicated on the current license.

(g) The applicant will arrange for the necessary precautions to guard against communicable diseases.

(h) Public liability insurance and fire insurance are currently in force for the protection of the operator, the staff, and the facility.

(i) The ages and numbers of children that may be cared for in a day-care facility are specified.

(2) It is the duty of the department or its authorized representative to assist applicants in meeting the minimum requirements.
Mont. Code Ann. § 52-3-803 — MT Code / Title 52 / Chapter 3 / Part 8 / Section 52-3-803
52-3-803 Definitions
Status: in_force

52-3-803 . Definitions. As used in this part, the following definitions apply:

(1) "Abuse" means:

(a) the commission of assault as described in 45-5-201 ;

(b) the deprivation of food, shelter, clothing, or services necessary to maintain the physical or mental health of a vulnerable adult without lawful authority. A declaration made pursuant to 50-9-103 constitutes lawful authority.

(c) the causing of personal degradation of a vulnerable adult in a place where the vulnerable adult has a reasonable expectation of privacy.

(2) "Department" means the department of public health and human services provided for in 2-15-2201 .

(3) "Exploitation" means:

(a) the unreasonable use of a vulnerable adult or of a power of attorney, conservatorship, or guardianship with regard to a vulnerable adult in order to obtain control of or to divert to the advantage of another the ownership, use, benefit, or possession of or interest in the vulnerable adult's money, assets, or property by means of deception, duress, menace, fraud, undue influence, or intimidation with the intent or result of permanently depriving the vulnerable adult of the ownership, use, benefit, or possession of or interest in the vulnerable adult's money, assets, or property;

(b) an act taken by a person who has the trust and confidence of a vulnerable adult to obtain control of or to divert to the advantage of another the ownership, use, benefit, or possession of or interest in the vulnerable adult's money, assets, or property by means of deception, duress, menace, fraud, undue influence, or intimidation with the intent or result of permanently depriving the vulnerable adult of the ownership, use, benefit, or possession of or interest in the vulnerable adult's money, assets, or property;

(c) the unreasonable use of a vulnerable adult or of a power of attorney, conservatorship, or guardianship with regard to a vulnerable adult done in the course of an offer or sale of insurance or securities in order to obtain control of or to divert to the advantage of another the ownership, use, benefit, or possession of the vulnerable adult's money, assets, or property by means of deception, duress, menace, fraud, undue influence, or intimidation with the intent or result of permanently depriving the vulnerable adult of the ownership, use, benefit, or possession of the vulnerable adult's money, assets, or property.

(4) "Incapacitated person" has the meaning provided in 72-5-101 .

(5) "Long-term care facility" has the meaning provided in 50-5-101 .

(6) "Neglect" means the failure of a person who has assumed legal responsibility or a contractual obligation for caring for a vulnerable adult or who has voluntarily assumed responsibility for the a vulnerable adult's care, including an employee of a public or private residential institution, facility, home, or agency, to provide food, shelter, clothing, or services necessary to maintain the physical or mental health of the vulnerable adult.

(7) "Personal degradation" means publication or distribution of a printed or electronic photograph or video of a vulnerable adult when the person publishing or distributing intends to demean or humiliate the vulnerable adult or knows or reasonably should know that the publication or distribution would demean or humiliate a reasonable person. Personal degradation does not include the recording and dissemination of images or video for treatment, diagnosis, regulatory compliance, or law enforcement purposes, as part of an investigation, or in accordance with a facility or program's confidentiality policy and release of information or consent policy.

(8) "Sexual abuse" means the commission of a sexual offense as described in Title 45, chapter 5, part 5, and Title 45, chapter 8, part 2.

(9) "Vulnerable adult" means a person who:

(a) is 60 years of age or older; or

(b) is 18 years of age or older and:

(i) is a person with a physical or mental impairment that substantially limits or restricts the person's ability to provide for their own care or protection; or

(ii) has a developmental disability as defined in 53-20-102 .
Mont. Code Ann. § 52-5-128 — MT Code / Title 52 / Chapter 5 / Part 1 / Section 52-5-128
52-5-128 Detention of youth who violates conditional release or escapes from facility or program
Status: in_force

52-5-128 . Detention of youth who violates conditional release or escapes from facility or program. (1) A juvenile probation officer may detain a youth who allegedly has violated the terms and conditions of the youth's conditional release agreement. A law enforcement officer of the state or a county or a city shall detain a youth who has allegedly violated the terms and conditions of the youth's conditional release agreement upon receipt of a warrant to detain the youth.

(2) The department of corrections may detain a youth who has escaped from a correctional facility or program operated by or under contract with the department. A law enforcement officer of the state or a county or a city shall detain a youth upon notice in writing to the officer by the department that the youth has escaped from a correctional facility or program operated by or under contract with the department.
Mont. Code Ann. § 52-2-1001 — MT Code / Title 52 / Chapter 2 / Part 10 / Section 52-2-1001
52-2-1001 Montana early childhood account board
Status: in_force

52-2-1001 . Montana early childhood account board. (1) There is a Montana early childhood account board consisting of ten members appointed by the governor as follows:

(a) two members who are employees of the department of public health and human services, including one employee of the early childhood and family support division and one employee of the division of the department that oversees American Indian health;

(b) one member who is an employee of the department of labor and industry;

(c) one member who is an employee of the office of public instruction;

(d) one member who is an employee of the department of commerce;

(e) two members representing state and local community early childhood organizations;

(f) two Montana child-care providers; and

(g) a parent with a child or children under the age of 6 in child care.

(2) A member's term is 3 years. Initial appointments may specify a shorter length of the initial term to stagger the terms. Vacancies must be filled for the balance of an unexpired term. A member of the board may be reappointed.

(3) The board is allocated to the department of public health and human services for administrative purposes only, as provided in 2-15-121 . The department may employ staff and adopt rules to carry out the duties as described in this part.

(4) Unless otherwise provided by law, each member is entitled to be reimbursed for travel expenses incurred, as provided in 2-18-501 through 2-18-503 , while performing board duties.
Mont. Code Ann. § 52-2-809 — MT Code / Title 52 / Chapter 2 / Part 8 / Section 52-2-809
52-2-809 Licensees and applicants to maintain records, furnish reports, and permit inspections
Status: in_force

52-2-809 . Licensees and applicants to maintain records, furnish reports, and permit inspections. Every applicant for a license and every licensee shall give the right of entrance to and inspection of premises to representatives of the department at reasonable times, keep and maintain records as the department may prescribe, permit inspection of these records, and report to the department facts that may be required on forms furnished by the department.
Mont. Code Ann. § 52-2-113 — MT Code / Title 52 / Chapter 2 / Part 1 / Section 52-2-113
52-2-113 Child rehabilitation -- duties of department
Status: in_force

52-2-113 . Child rehabilitation -- duties of department. The department shall:

(1) enforce all laws pertaining to children and take the initiative in all matters involving the interest of abused or neglected children;

(2) use funds allocated or appropriated to the department for the purpose of providing for the special medical or material needs of children with developmental disabilities or children with physical disabilities who are eligible for department programs;

(3) cooperate for the purposes of this part with all reputable child-helping and child-placing agencies; and

(4) inspect and register or license youth care facilities, child-placing agencies, and adoption agencies.
Mont. Code Ann. § 52-4-201 — MT Code / Title 52 / Chapter 4 / Part 2 / Section 52-4-201
52-4-201 Purpose
Status: in_force

52-4-201 . Purpose. The legislature, in recognition of the needs of persons with severe disabilities and of the desirability of meeting those needs on a community level, establishes in 52-4-201 through 52-4-205 authority for the state to license community homes for persons with severe disabilities. Licensed community homes for persons with severe disabilities are for the purpose of providing residential settings for persons with severe disabilities receiving services funded through state-administered programs who otherwise are unable to live independently and who are determined to be capable of residing in noninstitutional settings.
Mont. Code Ann. § 52-3-603 — MT Code / Title 52 / Chapter 3 / Part 6 / Section 52-3-603
52-3-603 Office of legal and long-term care ombudsman services
Status: in_force

52-3-603 . Office of legal and long-term care ombudsman services. Contingent on receipt of federal funds for the purpose, there is an office of legal and long-term care ombudsman services in the department of public health and human services. As required by the Older Americans Act of 1965, as amended (42 U.S.C. 3001, et seq.), and the regulations adopted pursuant thereto, the office:

(1) serves as an advocate for Montana citizens residing in long-term care facilities, regardless of their age or source of payment for care, to ensure that their rights are protected, that they receive quality care, and that they reside in a safe environment; and

(2) coordinates legal services for the elderly.
Mont. Code Ann. § 52-1-201 — MT Code / Title 52 / Chapter 1 / Part 2 / Section 52-1-201
52-1-201 Local service areas
Status: in_force

52-1-201 . Local service areas. The department shall organize its field offices into local service areas. The director shall take into consideration geographic boundaries used by local governments, judicial districts, and service agencies when creating local service areas.
Mont. Code Ann. § 52-7-102 — MT Code / Title 52 / Chapter 7 / Part 1 / Section 52-7-102
52-7-102 Children's trust fund account -- nonsupplantation of funds
Status: in_force

52-7-102 . Children's trust fund account -- nonsupplantation of funds. (1) There is a children's trust fund account in the state special revenue fund in the state treasury. The money in the account is allocated to the Montana children's trust fund board, provided for in 2-15-2214 , for funding services and activities under and payment of administrative costs of the child abuse and neglect prevention program provided for in 52-7-101 .

(2) Funds deposited in the children's trust fund account may be used only for the program authorized in 52-7-101 and may not be used to pay the expenses of any other program or service administered in whole or in part by the department of public health and human services.
Mont. Code Ann. § 52-7-103 — MT Code / Title 52 / Chapter 7 / Part 1 / Section 52-7-103
52-7-103 Gifts and grants to program
Status: in_force

52-7-103 . Gifts and grants to program. The Montana children's trust fund board may accept contributions, gifts, and grants, in money or otherwise, to the child abuse and neglect prevention program. Monetary gifts, contributions, and grants earmarked for the endowment for children must be paid into the endowment established by 52-7-105 .
Mont. Code Ann. § 52-2-1004 — MT Code / Title 52 / Chapter 2 / Part 10 / Section 52-2-1004
52-2-1004 Gifts and grants to programs
Status: in_force

52-2-1004 . Gifts and grants to programs. (1) The Montana early childhood account board may accept contributions, gifts, and grants, of money or otherwise, to the programs described in 52-2-1003 . Monetary gifts, contributions, and grants earmarked for the Montana early childhood account must be paid into the account established in 52-2-1002 and expended pursuant to 17-8-101 (2).

(2) Funds accepted pursuant to this section may qualify for the Montana endowment tax credit.
Mont. Code Ann. § 52-2-623 — MT Code / Title 52 / Chapter 2 / Part 6 / Section 52-2-623
52-2-623 Penalty for failure to obtain license
Status: in_force

52-2-623 . Penalty for failure to obtain license. Any person who maintains or operates a youth care facility or assists in operating or maintaining such facility without having first obtained a license in writing as hereto provided shall be guilty of a misdemeanor.
Mont. Code Ann. § 52-3-503 — MT Code / Title 52 / Chapter 3 / Part 5 / Section 52-3-503
52-3-503 Purpose and policy
Status: in_force

52-3-503 . Purpose and policy. (1) The legislature finds that older Montanans constitute a valuable resource of this state and that their competence, experience, and wisdom must be used more effectively for the benefit of all Montanans.

(2) The legislature further finds that a complete range of services is not available in all areas of the state and that many Montanans lack access to the services that are available.

(3) The legislature declares that it is the policy of this state, subject to available funding, to provide a wide range of coordinated services to enable older Montanans to maintain an independent lifestyle, avoid unnecessary institutional care, and live in dignity.

(4) It is the intent of the legislature that available federal, state, regional, and local resources be used to strengthen the economic, social, and general well-being of older Montanans and that the state:

(a) develop appropriate programs for older Montanans;

(b) coordinate and integrate all levels of service, with emphasis on the whole person; and

(c) promote alternative forms of service that will create options for older Montanans.

(5) The legislature declares that it is the policy of the state to ensure accountability, as provided in 52-3-410 , in providing quality services in a cost-effective manner.
Mont. Code Ann. § 52-3-605 — MT Code / Title 52 / Chapter 3 / Part 6 / Section 52-3-605
52-3-605 Enforcement of access
Status: in_force

52-3-605 . Enforcement of access. (1) A person who violates the provisions of 52-3-604 is subject to a civil penalty not to exceed $1,000. Each day of violation constitutes a separate violation. The department of public health and human services or, upon request of that department, the county attorney of the county in which the long-term care facility in question is located may petition the district court to impose, assess, and recover the civil penalty. Money collected as a civil penalty must be deposited in the state general fund.

(2) The department of public health and human services or, upon request of that department, the county attorney of the county in which the long-term care facility in question is located may bring an action to enjoin a violation of any provision of 52-3-604 in addition to or exclusive of the remedy in subsection (1).
Mont. Code Ann. § 52-3-410 — MT Code / Title 52 / Chapter 3 / Part 4 / Section 52-3-410
52-3-410 Achieving accountability
Status: in_force

52-3-410 . Achieving accountability. (1) The department shall achieve accountability in providing quality services in a cost-effective manner by:

(a) establishing goals, responsibilities, and performance expectations for goals in providing services to older adults and to older Montanans as provided in Title 52, chapter 3, parts 1, 4, and 5;

(b) requiring periodic reporting of performance or progress toward stated goals by departmental programs for aging services and area agencies on aging;

(c) establishing a continual process for the evaluation of all functions, the review of the evaluations, and the followup required to correct any deficiencies; and

(d) providing for feedback on the accountability process.

(2) The department shall adopt rules only as necessary to implement the goals, responsibilities, performance expectations, reporting periods, and evaluation process to be followed.
Mont. Code Ann. § 52-5-110 — MT Code / Title 52 / Chapter 5 / Part 1 / Section 52-5-110
52-5-110 Transfer of child to other facility or institution
Status: in_force

52-5-110 . Transfer of child to other facility or institution. The department of corrections, upon recommendation of the superintendent of a facility, may transfer a child resident in one of its correctional facilities to any other facility or institution under the jurisdiction and control of the department or under contract to the department.
Mont. Code Ann. § 52-2-811 — MT Code / Title 52 / Chapter 2 / Part 8 / Section 52-2-811
52-2-811 Penalty -- remedies
Status: in_force

52-2-811 . Penalty -- remedies. (1) A person who establishes or maintains a program or assists in conducting or maintaining a program without first obtaining a license from the department as provided for in this part is guilty of a misdemeanor and upon conviction is punishable by a fine not to exceed $500.

(2) (a) If the department is advised or has reason to believe that a program is operating without a license, it shall make an investigation to ascertain the facts. If the department finds that the program is being or has been operated without a license, it may report the results of its investigation to the attorney general or the county attorney of the county where the program is being operated for prosecution and request that an injunction be issued against the program until a license is issued.

(b) The department may institute any action necessary to enforce compliance with this part or any order or rule of the department under this part or to obtain a judicial interpretation of any of the foregoing.

(c) The department may, by its own attorney, any county attorney, or the attorney general, initiate an action in the justice's court, city court, municipal court, or district court of the appropriate jurisdiction and be represented by that representative on appeal to the district court and supreme court of Montana, as applicable.
Mont. Code Ann. § 52-2-731 — MT Code / Title 52 / Chapter 2 / Part 7 / Section 52-2-731
52-2-731 Standards for day care
Status: in_force

52-2-731 . Standards for day care. In developing standards, the department shall seek the advice and assistance of the superintendent of public instruction, representatives of day-care facilities, specialists in child care, and representatives of parent groups who use the services of day-care facilities. The standards may pertain to:

(1) character, suitability, and qualifications of an applicant and other persons directly responsible for the care of children;

(2) the number of individuals or staff required for adequate supervision and care of children in day-care facilities;

(3) child-care programs and practices necessary to ensure the health, safety, safety in transportation, development, and well-being of children;

(4) adequate and appropriate admission policies;

(5) adequacy of physical facilities and equipment;

(6) general financial ability and competence of an applicant to provide necessary care for children and maintain prescribed standards;

(7) the ages and numbers of children that may be cared for in a day-care facility.
Mont. Code Ann. § 52-1-103 — MT Code / Title 52 / Chapter 1 / Part 1 / Section 52-1-103
52-1-103 Powers and duties of department
Status: in_force

52-1-103 . Powers and duties of department. The department shall:

(1) administer and supervise all forms of child and adult protective services;

(2) act as the lead agency in coordinating and planning services to children with multiagency service needs;

(3) establish a system of councils at the state and local levels to make recommendations and to advise the department on issues, including children's issues;

(4) provide the following functions, as necessary, for youth in need of care:

(a) intake, investigation, case management, and client supervision;

(b) placement in youth care facilities;

(c) contracting for necessary services;

(d) protective services day care; and

(e) adoption;

(5) register or license youth care facilities, child-placing agencies, day-care facilities, community homes for persons with developmental disabilities, community homes for severely disabled persons, and adult foster care facilities;

(6) act as lead agency in implementing and coordinating child-care programs and services under the Montana Child Care Act;

(7) administer the Interstate Compact for the Placement of Children;

(8) (a) administer child abuse prevention services funded through child abuse grants and the Montana children's trust fund provided for in Title 52, chapter 7, part 1; and

(b) administer vulnerable adult abuse prevention services;

(9) develop a statewide youth services and resources plan that takes into consideration local needs;

(10) administer services to older adults;

(11) provide consultant services to:

(a) facilities providing care for adults who are needy, indigent, or dependent or who have disabilities; and

(b) youth care facilities;

(12) use the staff and services of other state agencies and units of the Montana university system, within their respective statutory functions, to carry out its functions under this title;

(13) contract, as necessary, for administration of child and adult protection services for each county; and

(14) adopt rules necessary to carry out the purposes of 52-2-612 and this chapter.
Mont. Code Ann. § 52-3-504 — MT Code / Title 52 / Chapter 3 / Part 5 / Section 52-3-504
52-3-504 Services to be provided
Status: in_force

52-3-504 . Services to be provided. Subject to available funding, the department, in conjunction with other state, local, and private agencies and organizations, shall identify and may provide for older Montanans, in addition to existing services:

(1) a directory of available services;

(2) transportation that provides access to services;

(3) housing, nutrition, education, homemaker, escort, respite, hospice, and other programs that facilitate self-care;

(4) physical and mental health care, including inpatient and outpatient services, screening, appliances and supplies, and home health care;

(5) placement in adult day care, foster care, personal care, supervisory care, and nursing homes;

(6) protective advocacy and legal programs;

(7) job training, job development, and income maintenance;

(8) adult education; and

(9) training and research in aging.
Mont. Code Ann. § 52-2-117 — MT Code / Title 52 / Chapter 2 / Part 1 / Section 52-2-117
52-2-117 Indian child welfare specialist
Status: in_force

52-2-117 . Indian child welfare specialist. (1) The director of the department shall appoint a qualified person to act as an Indian child welfare specialist.

(2) The duties of the specialist include:

(a) developing Indian foster homes and other Indian placement resources;

(b) providing technical advice to tribal, state, and county agencies and district courts on matters pertaining to Indian child welfare;

(c) providing assistance in negotiating cooperative agreements to provide foster care services to Indian children;

(d) conducting training seminars on implementing the federal Indian Child Welfare Act of 1978, 25 U.S.C. 1901, et seq.,and the Montana Indian Child Welfare Act provided for in Title 41, chapter 3, part 13;

(e) applying for and accepting grants and other funds for Indian child welfare activities;

(f) developing and maintaining a list of attorneys to represent indigent parents and Indian custodians in Indian child welfare proceedings;

(g) making recommendations to the department on legislation and rules concerning Indian child welfare matters; and

(h) performing other duties concerning Indian child welfare matters as determined by the director.
Mont. Code Ann. § 52-2-903 — MT Code / Title 52 / Chapter 2 / Part 9 / Section 52-2-903
52-2-903 Parent resource on language developmental milestones -- criteria -- distribution -- timeline for development
Status: in_force

52-2-903 . Parent resource on language developmental milestones -- criteria -- distribution -- timeline for development. (1) The department and the office of public instruction shall collaborate to select language developmental milestones from existing standardized norms to develop a resource for parents to use in monitoring the expressive and receptive language acquisition of deaf and hard-of-hearing children.

(2) The parent resource must:

(a) include the language developmental milestones developed in accordance with subsection (4);

(b) be appropriate, in both content and administration, for use with deaf and hard-of-hearing children from birth through 8 years of age who use American sign language, English, or both;

(c) present the language developmental milestones in terms of the typical development of all children by age range;

(d) be written for clarity and ease of use by parents;

(e) be aligned with:

(i) the department's existing infant, toddler, and preschool guidelines;

(ii) the existing instruments used to assess the development of children with disabilities pursuant to federal law; and

(iii) the state standards in English language arts;

(f) make clear that a parent has the right to select a spoken language, a signed language, or both, as the language to be used for the child's language acquisition and developmental milestones;

(g) make clear that the parent resource is not a formal assessment of language development and that a parent's observations of a child may differ from formal assessment data presented at a meeting to discuss an individualized family service plan or individualized education program;

(h) make clear that a parent may bring the parent resource to an individualized family service plan or individualized education program meeting to share the parent's observations about the child's development; and

(i) include fair, balanced, and comprehensive information about languages, communication modes, and available services and programs.

(3) The department and the office of public instruction shall disseminate the parent resource on their websites.

(4) (a) (i) On or before March 1, 2024, the department and the office of public instruction shall provide the language development advisory committee provided for in [former] 52-2-904 with a list of existing language developmental milestones from existing standardized norms. Each agency shall provide any relevant information it holds regarding the language developmental milestones for possible inclusion in the parent resource.

(ii) The language developmental milestones must be aligned with the agencies' existing infant, toddler, and preschool guidelines, the existing instrument used to assess the development of children with disabilities pursuant to federal law, and the state standards in English language arts.

(b) On or before June 1, 2024, the advisory committee shall recommend language developmental milestones to be selected for the parent resource.

(c) On or before June 30, 2024, the department and the office of public instruction shall inform the advisory committee of language developmental milestones selected for inclusion in the parent resource.
Mont. Code Ann. § 52-3-814 — MT Code / Title 52 / Chapter 3 / Part 8 / Section 52-3-814
52-3-814 Immunity from civil and criminal liability
Status: in_force

52-3-814 . Immunity from civil and criminal liability. (1) A person who makes a report required or authorized to be made under 52-3-811 is immune from civil or criminal liability that might otherwise be incurred or imposed as a result of the report unless the report is false in any material respect and the person acted in bad faith or with malicious purpose.

(2) A person who provides information or who uses information obtained pursuant to 52-3-813 (2) to refuse to hire or to discharge an employee, volunteer, or other person who through their employment or volunteer activities may have unsupervised contact with a vulnerable adult is immune from civil liability unless the person providing or using the information acts in bad faith or with malicious purpose.
Mont. Code Ann. § 52-2-617 — MT Code / Title 52 / Chapter 2 / Part 6 / Section 52-2-617
52-2-617 Governmental contracts with nonprofit organizations
Status: in_force

52-2-617 . Governmental contracts with nonprofit organizations. (1) The department of public health and human services and the department of corrections may contract with nonprofit corporations or associations to provide facilities and services for youth in need of care, youth in need of intervention, and delinquent youth in youth care facilities and are authorized to expend money that is appropriated or available for those purposes. The contracts must be based on the following considerations:

(a) budgets submitted by the nonprofit corporation or association identifying fixed and variable costs;

(b) reasonable costs of service;

(c) appropriation level; and

(d) availability of funds.

(2) Governmental units, including but not limited to counties, municipalities, school districts, or state institutions of higher learning, are authorized to provide funds, materials, facilities, and services for community-based services at their own expense.
Mont. Code Ann. § 52-2-1005 — MT Code / Title 52 / Chapter 2 / Part 10 / Section 52-2-1005
52-2-1005 Program costs -- annual report
Status: in_force

52-2-1005 . Program costs -- annual report. (1) The costs incurred by the Montana early childhood account board in administering the programs described in 52-2-1003 must be paid for with money from the Montana early childhood account provided for in 52-2-1002 . The board shall keep costs to a minimum and use existing office space, personnel, equipment, and supplies of the department of public health and human services to the extent possible.

(2) (a) By September 1 of each year, the department shall provide a written report to the children, families, health, and human services interim committee in accordance with 5-11-210 .

(b) The report must include the following information for each program or grant:

(i) the project or activity for which it was awarded;

(ii) the amount of the grant;

(iii) proposed and actual uses of grant funds;

(iv) the duration; and

(v) its recipient.
Mont. Code Ann. § 52-8-108 — MT Code / Title 52 / Chapter 8 / Part 1 / Section 52-8-108
52-8-108 Violation a misdemeanor -- penalty
Status: in_force

52-8-108 . Violation a misdemeanor -- penalty. (1) Any person who maintains or conducts an agency for procuring the adoption of children or assists in the maintaining or conducting of an agency without first obtaining a child-placing license is guilty of a misdemeanor and upon conviction of a first offense shall be punished by a fine not exceeding $1,000 or imprisonment for up to 1 year in jail and shall be enjoined from further engaging in agency activities.

(2) Upon the second conviction of a person for violation of 52-8-103 , 52-8-104 , and 52-8-107 , the person is guilty of a felony and may be punished by a fine not exceeding $10,000 or imprisonment for up to 5 years in prison and shall be enjoined from further engaging in agency activities.
Mont. Code Ann. § 52-2-732 — MT Code / Title 52 / Chapter 2 / Part 7 / Section 52-2-732
52-2-732 Licensees or registrants to maintain records, furnish reports, and permit inspections
Status: in_force

52-2-732 . Licensees or registrants to maintain records, furnish reports, and permit inspections. It shall be the duty of every applicant for a license or for registration and every licensee or registrant to give the right of entrance to and inspection of premises to representatives of the department at reasonable times, to keep and maintain such records as the department may prescribe, to permit inspection of these records, and to report to the department such facts as may be required on forms furnished by the department.
Mont. Code Ann. § 52-2-713 — MT Code / Title 52 / Chapter 2 / Part 7 / Section 52-2-713
52-2-713 Payments for eligible children
Status: in_force

52-2-713 . Payments for eligible children. The department shall pay a rate established by the department and appropriated by the legislature based on a child's authorized enrollment slot to a day-care facility licensed or registered by the department for each child receiving day-care service and certified eligible by the department to receive day-care services.
Mont. Code Ann. § 52-2-101 — MT Code / Title 52 / Chapter 2 / Part 1 / Section 52-2-101
52-2-101 Definitions
Status: in_force

52-2-101 . Definitions. As used in this part, the following definitions apply:

(1) "Child welfare services" means the establishing, extending, and strengthening of child welfare services, especially in predominantly rural areas, for the protection and care of abused or neglected children.

(2) "Department" means the department of public health and human services provided for in 2-15-2201 .
Mont. Code Ann. § 52-2-102 — MT Code / Title 52 / Chapter 2 / Part 1 / Section 52-2-102
52-2-102 Recognition of parental control of children -- placement with extended family
Status: in_force

52-2-102 . Recognition of parental control of children -- placement with extended family. This title may not be construed as authorizing any state or county official, agent, or representative, in carrying out any of the provisions of this title, to take charge of any child over the objection of either of the parents of the child or the person standing in loco parentis to the child, except pursuant to a proper court order. When it is necessary to take charge of a child pursuant to a court order, the department shall, when it is in the best interests of the child and when the home is approved by the department, place the child with the child's extended family, including adult siblings, grandparents, great-grandparents, aunts, and uncles, prior to placing the child in an alternative protective or residential facility.
Mont. Code Ann. § 52-3-602 — MT Code / Title 52 / Chapter 3 / Part 6 / Section 52-3-602
52-3-602 Definitions
Status: in_force

52-3-602 . Definitions. In this part, the following definitions apply:

(1) "Local ombudsman" means a person officially designated by the long-term care ombudsman to act as the long-term care ombudsman's local representative.

(2) "Long-term care facility" means a facility or part of a facility that provides skilled nursing care, intermediate nursing care, or personal care, as these terms are defined in 50-5-101 .

(3) "Long-term care ombudsman" means the individual appointed under 42 U.S.C. 3027(a)(12) to fulfill the federal requirement that the state provide an advocate for residents of long-term care facilities.
Mont. Code Ann. § 52-8-107 — MT Code / Title 52 / Chapter 8 / Part 1 / Section 52-8-107
52-8-107 Investigation of agencies -- cancellation of licenses
Status: in_force

52-8-107 . Investigation of agencies -- cancellation of licenses. (1) The department may, through its authorized representative, investigate the operations of licensed agencies and may cancel licenses for failure to observe prescribed rules or to maintain minimum requirements. An agency shall give to representatives of the department all information requested and allow them to observe the operation of the agency.

(2) When the department finds, upon the basis of the statement required by 52-8-104 (10) or upon its own investigation, that an agency has not conducted or is financially incapable of conducting its operations according to the established standards, the department may suspend, revoke, or deny a license for the agency.
Mont. Code Ann. § 52-2-808 — MT Code / Title 52 / Chapter 2 / Part 8 / Section 52-2-808
52-2-808 Denial, cancellation, reduction, revocation, and nonrenewal of licenses -- fair hearing
Status: in_force

52-2-808 . Denial, cancellation, reduction, revocation, and nonrenewal of licenses -- fair hearing. (1) The department, after written notice to the applicant or licensee, may deny, suspend, cancel, reduce, modify, or revoke a license upon finding that:

(a) any of the applicable conditions set forth in this part and the rules adopted pursuant to this part as prerequisites for the issuance of a license no longer exist;

(b) the licensee is no longer in compliance with the minimum standards prescribed by the department; or

(c) the license was issued upon fraudulent or untrue representation.

(2) The applicant or licensee by written request may invoke the opportunity for hearing on the department's action by requesting a hearing within 10 days of notice of department action. The hearing must be conducted according to the department's rules.
Mont. Code Ann. § 52-5-107 — MT Code / Title 52 / Chapter 5 / Part 1 / Section 52-5-107
52-5-107 Maximum age of commitment
Status: in_force

52-5-107 . Maximum age of commitment. A youth who has attained 18 years of age may not be committed by any youth court to the department of corrections.
Mont. Code Ann. § 52-3-402 — MT Code / Title 52 / Chapter 3 / Part 4 / Section 52-3-402
52-3-402 Purpose
Status: in_force

52-3-402 . Purpose. The purpose of this part is to grant the department authority to develop and administer the state plan on aging, to coordinate services to older adults pursuant to the Older Americans Act, and to establish or redesignate planning and service areas pursuant to section 305 of that act. It is the intent of the legislature that the number of planning and service areas be limited so that unnecessary administrative costs are eliminated.
Mont. Code Ann. § 52-3-813 — MT Code / Title 52 / Chapter 3 / Part 8 / Section 52-3-813
52-3-813 Confidentiality
Status: in_force

52-3-813 . Confidentiality. (1) The case records of the department, its local affiliate, the county attorney, and the court concerning actions taken under this part and all reports made pursuant to 52-3-811 must be kept confidential except as provided by this section. For the purposes of this section, the term "case records" includes records of an investigation of a report of abuse, sexual abuse, neglect, or exploitation.

(2) The records and reports required to be kept confidential by subsection (1) may be disclosed, on written request, to the following persons or entities in this or any other state:

(a) a physician who is caring for a vulnerable adult who the physician reasonably believes was abused, sexually abused, neglected, or exploited;

(b) a legal guardian or conservator of the vulnerable adult if the identity of the person who made the report is protected and the legal guardian or conservator is not the person suspected of the abuse, sexual abuse, neglect, or exploitation;

(c) the vulnerable adult named in the report as allegedly being abused, sexually abused, neglected, or exploited if that person is not an incapacitated person;

(d) any person engaged in bona fide research if the person alleged in the report to have committed the abuse, sexual abuse, neglect, or exploitation is later convicted of an offense constituting abuse, sexual abuse, neglect, or exploitation and if the identity of the vulnerable adult who is the subject of the report is not disclosed to the researcher;

(e) an adult protective service team. Members of the team are required to keep information about the subject individuals confidential.

(f) an authorized representative of a provider of services to a vulnerable adult alleged to be abused, sexually abused, neglected, or exploited if:

(i) the department and the provider are parties to a contested case proceeding under Title 2, chapter 4, part 6, resulting from action by the department adverse to the license of the provider and if information contained in the records or reports of the department is relevant to the case;

(ii) disclosure to the provider is determined by the department to be necessary to protect an interest of a vulnerable adult alleged to be abused, sexually abused, neglected, or exploited; or

(iii) the person is carrying out background screening or employment-related or volunteer-related screening of current or prospective employees or volunteers who have or may have unsupervised contact with a vulnerable adult through employment or volunteer activities if the disclosure is limited to information that indicates a risk to a vulnerable adult posed by the employee or volunteer, as determined by the department. A request for information under this subsection must be made in writing.

(g) an employee of the department if disclosure of the record or report is necessary for administration of a program designed to benefit a vulnerable adult alleged to be abused, sexually abused, neglected, or exploited;

(h) an authorized representative of a guardianship program approved by the department if the department determines that disclosure to the program or to a person designated by the program is necessary for the proper provision of guardianship services to a vulnerable adult alleged to be abused, sexually abused, neglected, or exploited;

(i) protection and advocacy systems authorized under the provisions of 29 U.S.C. 794e, 42 U.S.C. 10805, or 42 U.S.C. 15043;

(j) the news media if disclosure is limited to confirmation of factual information regarding how the case was handled and does not violate the privacy rights of the vulnerable adult or alleged perpetrator of abuse, sexual abuse, neglect, or exploitation, as determined by the department;

(k) a coroner or medical examiner who is determining the cause of death of a vulnerable adult;

(l) a person about whom a report has been made and that person's attorney with respect to relevant records pertaining to that person only without disclosing the identity of the person who made the report or any other person whose safety might be endangered through disclosure;

(m) an agency, including a probation or parole agency, that is legally responsible for the supervision of an alleged perpetrator of abuse, sexual abuse, neglect, or exploitation of a vulnerable adult; and

(n) a department, agency, or organization, including a federal agency, military reservation, or tribal organization, that is legally authorized to receive, inspect, or investigate reports of abuse, sexual abuse, neglect, or exploitation of a vulnerable adult and that meets the disclosure criteria contained in this section.

(3) The records and reports required to be kept confidential by subsection (1) must be disclosed, upon request, to the following persons or entities in this or any other state:

(a) a county attorney or other law enforcement official who requires the information in connection with an investigation of a violation of this part;

(b) a court that has determined, in camera, that public disclosure of the report, data, information, or record is necessary for the determination of an issue before it;

(c) a grand jury upon its determination that the report, data, information, or record is necessary in the conduct of its official business.

(4) If the person who is reported to have abused, sexually abused, neglected, or exploited a vulnerable adult is the holder of a license, permit, or certificate issued by the department of labor and industry under the provisions of Title 37 or issued by any other entity of state government, the report may be submitted to the entity that issued the license, permit, or certificate.
Mont. Code Ann. § 52-2-701 — MT Code / Title 52 / Chapter 2 / Part 7 / Section 52-2-701
52-2-701 Short title
Status: in_force

52-2-701 . Short title. This part may be cited as the "Montana Child Care Act".
Mont. Code Ann. § 52-3-404 — MT Code / Title 52 / Chapter 3 / Part 4 / Section 52-3-404
52-3-404 State plan on aging
Status: in_force

52-3-404 . State plan on aging. The department may administer and develop the state plan on aging.
Mont. Code Ann. § 52-2-703 — MT Code / Title 52 / Chapter 2 / Part 7 / Section 52-2-703
52-2-703 Definitions
Status: in_force

52-2-703 . Definitions. In this part, the following definitions apply:

(1) "Child" means a person under 13 years of age or a person with special needs, as defined by the department, who is under 18 years of age or is 18 years of age and a full-time student expected to complete an educational program by 19 years of age.

(2) "Day care" or "child care" means care for children provided by an adult, other than a parent of the children or other person living with the children as a parent, on a regular or irregular basis, as applicable, for daily periods of less than 24 hours, whether that care is for daytime or nighttime hours.

(3) (a) "Day-care center" means an out-of-home place in which day care is provided to 16 or more children on a regular or irregular basis.

(b) The term does not include a place where day care is provided if a parent of a child for whom day care is provided remains on the premises.

(4) "Day-care facility" means a person, association, or place, incorporated or unincorporated, that provides day care on a regular basis or a place licensed or registered to provide day care on an irregular basis, as provided for in subsection (3)(a), or for children suffering from illness. The term includes a family day-care home, a day-care center, a group day-care home, or a facility providing care in a child's home for the purpose of meeting registration requirements for the receipt of payments as provided in 52-2-713 . The term does not include:

(a) a person who limits care to children who are related to the person by blood or marriage or under the person's legal guardianship, unless registration or licensure as a day-care facility is required to receive payments as provided in 52-2-713 ; or

(b) any group facility established chiefly for educational purposes that limits its services to children who are 3 years of age or older.

(5) "Department" means the department of public health and human services provided for in 2-15-2201 .

(6) "Family day-care home" means a private residence in which day care is provided to three to eight children on a regular basis.

(7) "Group day-care home" means a private residence or other structure in which day care is provided to 9 to 15 children on a regular basis.

(8) "License" means a written document issued by the department that the license holder has complied with this part and the applicable standards and rules for day-care centers.

(9) "Licensee" means the holder of a license issued by the department in accordance with the provisions of this part.

(10) "Professional training" means training for early childhood or school-age care providers that is recognized as professional development by a national education or certification organization or by a higher education institution.

(11) "Registrant" means the holder of a registration certificate issued by the department in accordance with the provisions of this part.

(12) "Registration" means the process whereby the department maintains a record of all family day-care homes and group day-care homes, prescribes standards, promulgates rules, and requires the operator of a family day-care home or a group day-care home to certify compliance with the prescribed standards and promulgated rules.

(13) "Registration certificate" means a written instrument issued by the department to publicly document that the certificate holder has, in writing, certified to the department compliance with this part and the applicable standards for family day-care homes and group day-care homes.

(14) "Regular basis" means providing day care to children of separate families for any daily periods of less than 24 hours and within 3 or more consecutive weeks.

(15) (a) "Related by blood or marriage" means the status of a child who is the son, daughter, brother, sister, first cousin, nephew, niece, or grandchild of a person providing child care.

(b) The term includes the status of a child described in subsection (15)(a) in a step or adoptive relationship.

(16) "School age" means a person who is at least 5 years of age and who is younger than 13 years of age or a person with special needs, as defined by the department, who is under 18 years of age or is 18 years of age and a full-time student expected to complete an educational program by 19 years of age.

(17) "School-age care" means an adult-supervised program that is provided for school-age children during nonschool hours.
Mont. Code Ann. § 52-2-737 — MT Code / Title 52 / Chapter 2 / Part 7 / Section 52-2-737
52-2-737 Group day-care home -- staffing requirement
Status: in_force

52-2-737 . Group day-care home -- staffing requirement. There must be at least two caregivers caring for the children at all times when there are more than eight children present at a group day-care home.
Mont. Code Ann. § 52-2-630 — MT Code / Title 52 / Chapter 2 / Part 6 / Section 52-2-630
52-2-630 Reimbursement of waived fees -- authorization to utilize federal funds -- directions to department
Status: in_force

52-2-630 . Reimbursement of waived fees -- authorization to utilize federal funds -- directions to department. The department of public health and human services is authorized to apply for and receive from the federal government funds that may be appropriated by the United States congress for aiding in the successful transition of foster care children to adulthood. The department may use the funds to reimburse the entity responsible for collecting the fees identified in 52-2-629 (2) for the value of fees waived under 52-2-629 . The department is not required to reimburse the value of fees waived under 52-2-629 if no funds are received from the congress for aiding in the successful transition of foster care children to adulthood.
Mont. Code Ann. § 52-2-802 — MT Code / Title 52 / Chapter 2 / Part 8 / Section 52-2-802
52-2-802 Definitions
Status: in_force

52-2-802 . Definitions. As used in this part, the following definitions apply:

(1) "Department" means the department of public health and human services provided for in 2-15-2201 .

(2) "Direct access" means that an individual has or likely will have person-to-person spoken or physical contact with or access to a program participant.

(3) "License" means a written document issued by the department that the license holder has complied with this part and the applicable standards and rules for programs.

(4) "Licensee" means the holder of a license issued by the department in accordance with the provisions of this part.

(5) "Person associated with the program" means any owner, partner, member, employee, or contractor providing professional or occupational services to a program.

(6) (a) "Program" means a private alternative adolescent residential or outdoor program that provides a structured, private, alternative residential setting for youth who are experiencing emotional, behavioral, or learning problems and who have a history of failing in academic, social, moral, or emotional development at home or in less-structured traditional settings.

(b) The term does not include:

(i) any program that is otherwise required to be licensed or regulated by the state under Title 50, 52, or 53, except that a program that holds itself out as providing primary, inpatient chemical dependency treatment must ensure that the treatment program is provided by a public or private chemical treatment facility approved by the department under 53-24-208 .

(ii) recreational programs such as boy scouts, girl scouts, or 4-H clubs;

(iii) organizations, boarding schools, or residential schools with a sole focus on academics;

(iv) residential training or vocational programs with a sole focus on education and vocational training;

(v) youth camps with a focus on recreation and faith-related activities; or

(vi) an organization, boarding school, or residential school that is an adjunct ministry of a church incorporated in the state of Montana.

(7) "Program participant" means any adolescent to whom services are being provided by the program.
Mont. Code Ann. § 52-2-115 — MT Code / Title 52 / Chapter 2 / Part 1 / Section 52-2-115
52-2-115 Department to accept custody of children
Status: in_force

52-2-115 . Department to accept custody of children. The department shall accept the physical custody of children transferred to the physical or legal custody of the department by the district court pursuant to the provisions of Title 41, chapter 3, and arrange for their care.
Mont. Code Ann. § 52-2-721 — MT Code / Title 52 / Chapter 2 / Part 7 / Section 52-2-721
52-2-721 License required -- registration required -- term of license or registration certificate -- no fee charged
Status: in_force

52-2-721 . License required -- registration required -- term of license or registration certificate -- no fee charged. (1) Except as provided in subsection (7), a person, group of persons, or corporation may not:

(a) establish or maintain a day-care center for children, in which day care is provided on a regular basis, unless licensed to do so by the department;

(b) operate a family day-care home or group day-care home without first procuring a family day-care or group day-care registration certificate from the department.

(2) The license and registration certificate must contain the ages and numbers of children for whom day care may be provided.

(3) The applicant's own children must be included in the manner provided for in department regulations in the total number of children to be cared for under the license or registration certificate.

(4) The department:

(a) may issue a license or registration certificate that remains in effect for a period not to exceed 3 years; and

(b) may not charge a fee to issue a license or registration certificate.

(5) A 3-year license may be issued only to a provider who has not received notice of any deficiencies on the licensing criteria and implementing guidelines that are provided in department rule.

(6) The department may issue a license to a day-care center in which day care is provided on an irregular basis if the person operating the center chooses to apply for licensure.

(7) A person who provides day care in a private residence for six or fewer children is not required to obtain a family day-care registration certificate and is exempt from the requirements of this part if that person does not receive payments as provided in 52-2-713 .

(8) The department shall recognize the status of and may not require a state license for a facility that is licensed as a family child care provider or child care facility by a branch of the United States armed forces, including the United States coast guard.
Mont. Code Ann. § 52-3-202 — MT Code / Title 52 / Chapter 3 / Part 2 / Section 52-3-202
52-3-202 Definitions
Status: in_force

52-3-202 . Definitions. As used in this part, the following definitions apply:

(1) "Department" means the department of public health and human services provided for in 2-15-2201 .

(2) "Protective services" means emergency services that are provided in a coordinated effort by the department to a vulnerable adult in order to prevent or terminate the abuse, neglect, exploitation, intimidation, or abandonment of the vulnerable adult.

(3) "Vulnerable adult" has the meaning provided for in 52-3-803 .
Mont. Code Ann. § 52-2-741 — MT Code / Title 52 / Chapter 2 / Part 7 / Section 52-2-741
52-2-741 Penalty -- remedies
Status: in_force

52-2-741 . Penalty -- remedies. (1) A person, group of persons, or corporation who establishes or maintains a day-care facility or assists in conducting or maintaining a day-care facility without first obtaining a license or registration certificate from the department as provided for in this part is guilty of a misdemeanor and upon conviction is punishable by a fine not to exceed $500.

(2) (a) If the department is advised or has reason to believe that a person, group of persons, or corporation is operating a day-care facility without a license or registration certificate, it shall make an investigation to ascertain the facts. If the department finds that the day-care facility is being or has been operated without a license or registration certificate, it may report the results of its investigation to the attorney general or the county attorney of the county where the day-care facility is being operated for prosecution and request that an injunction be issued against the facility until a license or certificate is issued.

(b) The department may institute any action necessary to enforce compliance with this part or any order or rule of the department under this part or to obtain a judicial interpretation of any of the foregoing.

(c) The department may, by its own attorney, any county attorney, or the attorney general, initiate an action in the justice's court, city court, municipal court, or district court of the appropriate jurisdiction and be represented by that representative on appeal to the district court and supreme court of Montana, as applicable.
Mont. Code Ann. § 52-2-301 — MT Code / Title 52 / Chapter 2 / Part 3 / Section 52-2-301
52-2-301 State policy
Status: in_force

52-2-301 . State policy. The legislature declares that it is the policy of this state:

(1) to provide for and encourage the development of a stable system of care, including quality education, treatment, and services for the high-risk children of this state with multiagency service needs, to the extent that funds are available;

(2) to serve high-risk children with multiagency service needs either in their homes or in the least restrictive and most appropriate setting for their needs in order to preserve the unity and welfare of the family, whenever possible, and to provide for their care and protection and mental, social, and physical development;

(3) to serve high-risk children with multiagency service needs within their home, community, region, and state, whenever possible, and to use out-of-state providers as a last resort;

(4) to provide integrated services to high-risk children with multiagency service needs;

(5) to contain costs and reduce the use of high-cost, highly restrictive, out-of-home placements;

(6) to increase the capacity of communities to serve high-risk children with multiagency service needs in the least restrictive and most appropriate setting for their needs by promoting collaboration and cooperation among the agencies that provide services to children;

(7) to prioritize available resources for meeting the essential needs of high-risk children with multiagency service needs; and

(8) to reduce out-of-home and out-of-community placements through a children's system of care account to fund in-state and community-based services that meet the needs of high-risk children with multiagency service needs in the least restrictive and most appropriate setting possible.
Mont. Code Ann. § 52-2-715 — MT Code / Title 52 / Chapter 2 / Part 7 / Section 52-2-715
52-2-715 Family income eligibility requirements
Status: in_force

52-2-715 . Family income eligibility requirements. In determining income eligibility for the best beginnings child care scholarship program, the department shall:

(1) set a qualifying income threshold at no less than 185% of the federal poverty level for each family size; and

(2) set a maximum qualifying income level that is no higher than that allowed by the federal child care and development block grant.
Mont. Code Ann. § 52-5-121 — MT Code / Title 52 / Chapter 5 / Part 1 / Section 52-5-121
52-5-121 Rulemaking authority
Status: in_force

52-5-121 . Rulemaking authority. The department of corrections may adopt rules necessary for administration of industries programs authorized in 52-5-120 . Rules adopted by the department may include rules regarding:

(1) requirements for participation of youth in industries programs;

(2) the type of training and experience to be provided to youth under these programs;

(3) the type of goods and services to be sold under the industries programs;

(4) contracts with private industry for the sale of goods produced or manufactured at correctional facilities; and

(5) payment of wages to youth working in industries programs.
Mont. Code Ann. § 52-2-734 — MT Code / Title 52 / Chapter 2 / Part 7 / Section 52-2-734
52-2-734 Fire safety -- certification required
Status: in_force

52-2-734 . Fire safety -- certification required. (1) The state fire prevention and investigation section of the department of justice shall adopt and enforce rules for the protection of children in day-care centers from fire hazards and arrange for any inspections and investigations it considers necessary.

(2) Before a license can be issued to operate a day-care center, each applicant shall submit to the department a certificate of approval from the state fire prevention and investigation section of the department of justice indicating compliance with fire safety rules.
Mont. Code Ann. § 52-5-114 — MT Code / Title 52 / Chapter 5 / Part 1 / Section 52-5-114
52-5-114 Penalty for aiding resident in leaving or not returning to correctional facility
Status: in_force

52-5-114 . Penalty for aiding resident in leaving or not returning to correctional facility. (1) A person is guilty of an offense if the person purposely or knowingly:

(a) permits or assists a resident of a correctional facility to leave a facility without permission;

(b) permits or assists a resident's failure to return to a correctional facility from which the resident had permission to leave;

(c) furnishes or attempts to furnish to a resident a tool, weapon, or other article with the intent of aiding the resident to leave without permission or to not return; or

(d) harbors or conceals a resident who has left without permission.

(2) Upon conviction of a violation of subsection (1), a person shall be punished by imprisonment for a term of not less than 6 months or more than 2 years or by a fine not exceeding $1,000, or both.
Mont. Code Ann. § 52-2-1002 — MT Code / Title 52 / Chapter 2 / Part 10 / Section 52-2-1002
52-2-1002 Montana early childhood account -- nonsupplantation of funds
Status: in_force

52-2-1002 . Montana early childhood account -- nonsupplantation of funds. (1) There is a Montana early childhood account in the state special revenue fund in the state treasury to the credit of the department of public health and human services.

(2) Funds deposited in the Montana early childhood account may only be used for the programs and grants authorized in 52-2-1003 and may not be used to pay the expenses of any other program or service administered in whole or in part by the department of public health and human services or any other state government entity.

(3) Private contributions to the Montana early childhood account are excluded for purposes of calculating the account's ending fund balance or limiting transfers into the account pursuant to 17-1-402 .

(4) The account retains its own interest.
Mont. Code Ann. § 52-2-902 — MT Code / Title 52 / Chapter 2 / Part 9 / Section 52-2-902
52-2-902 Definitions
Status: in_force

52-2-902 . Definitions. As used in this part, the following definitions apply:

(1) "American sign language" means visual American sign language, tactile American sign language, or protactile American sign language.

(2) "Department" means the department of public health and human services provided for in 2-15-2201 .

(3) "English" means spoken English, written English, or English with or without the use of visual supplements, cued speech, or manually coded English.

(4) "Language" means the use of American sign language or English.

(5) "Language developmental milestones" means milestones of development aligned with the existing state instruments used to meet the requirements of 20 U.S.C. 1414(b) for the assessment of children from birth through 8 years of age.
Mont. Code Ann. § 52-3-203 — MT Code / Title 52 / Chapter 3 / Part 2 / Section 52-3-203
52-3-203 Purpose
Status: in_force

52-3-203 . Purpose. To ensure that vulnerable adults in the state are afforded the opportunity to receive protective services and to implement certain provisions of the federal government's Title XX, Social Services Amendments of 1972, the legislature declares that the department is the public agency responsible for providing protective services.
Mont. Code Ann. § 52-2-611 — MT Code / Title 52 / Chapter 2 / Part 6 / Section 52-2-611
52-2-611 Payment for support of youth in need of care, youth in need of intervention, or delinquent youth
Status: in_force

52-2-611 . Payment for support of youth in need of care, youth in need of intervention, or delinquent youth. (1) Whenever a youth who is a youth in need of care, a youth in need of intervention, or a delinquent youth is placed by the department of public health and human services or the department of corrections in a youth care facility, the department making the placement shall pay, within the limits of the appropriation for that purpose, a foster care payment to the youth care facility at a rate established by the department of public health and human services for the youth's board, clothing, personal needs, treatment, and room.

(2) The department shall conduct or arrange for the review required under 41-3-115 , or when applicable, 41-3-1010 of a youth placed in a youth care facility if the youth is placed by the department.
Mont. Code Ann. § 52-2-303 — MT Code / Title 52 / Chapter 2 / Part 3 / Section 52-2-303
52-2-303 Children's system of care planning committee -- membership -- administration
Status: in_force

52-2-303 . Children's system of care planning committee -- membership -- administration. (1) There is a children's system of care planning committee.

(2) The committee is composed of the following members:

(a) an appointee of the director of the department of public health and human services representing the mental health program;

(b) an appointee of the director of the department of public health and human services representing child protective services;

(c) an appointee of the director of the department of public health and human services representing the developmental disability program;

(d) an appointee of the director of the department of public health and human services representing the chemical dependency treatment program;

(e) other appointees considered appropriate by the director of the department of public health and human services who may be representatives of families of high-risk children with multiagency service needs, service providers, or other interested persons or governmental agencies;

(f) an appointee of the superintendent of public instruction representing education;

(g) an appointee of the director of the department of corrections;

(h) an appointee of the youth justice council of the board of crime control; and

(i) an appointee of the supreme court representing the youth courts.

(3) The committee is attached to the department of public health and human services for administrative purposes only as provided in 2-15-121 .

(4) Except as provided in this section, the committee must be administered in accordance with 2-15-122 .
Mont. Code Ann. § 52-3-811 — MT Code / Title 52 / Chapter 3 / Part 8 / Section 52-3-811
52-3-811 Reports
Status: in_force

52-3-811 . Reports. (1) When the professionals and other persons listed in subsection (3) know or have reasonable cause to suspect that a vulnerable adult known to them in their professional or official capacities has been subjected to abuse, sexual abuse, neglect, or exploitation, they shall:

(a) if the vulnerable adult is not a resident of a long-term care facility, report the matter to:

(i) the department or its local affiliate; or

(ii) the county attorney of the county in which the vulnerable adult resides or in which the acts that are the subject of the report occurred;

(b) if the vulnerable adult is a resident of a long-term care facility, report the matter to the long-term care ombudsman appointed under the provisions of 42 U.S.C. 3027(a)(12) and to the department. The department shall investigate the matter pursuant to its authority in 50-5-204 and 52-3-804 and, if it finds any allegations of abuse, sexual abuse, neglect, or exploitation contained in the report to be substantially true, forward a copy of the report to the county attorney as provided in subsection (1)(a)(ii).

(2) If the report required in subsection (1) involves an act or omission of the department that may be construed as abuse, sexual abuse, neglect, or exploitation, a copy of the report may not be sent to the department but must be sent instead to the county attorney of the county in which the vulnerable adult resides or in which the acts that are the subject of the report occurred.

(3) Professionals and other persons required to report are:

(a) a physician, resident, intern, professional or practical nurse, physician assistant, or member of a hospital staff engaged in the admission, examination, care, or treatment of persons;

(b) an osteopath, dentist, denturist, chiropractor, optometrist, podiatrist, medical examiner, coroner, or any other health or mental health professional;

(c) an ambulance attendant;

(d) an employee of the state, a county, or a municipality assisting a vulnerable adult in the application for or receipt of public assistance payments or services;

(e) a person who maintains or is employed by a roominghouse, retirement home or complex, nursing home, group home, adult foster care home, adult day-care center, or assisted living facility or an agency or individual that provides home health services or personal care in the home;

(f) an attorney, unless the attorney acquired knowledge of the facts required to be reported from a client and the attorney-client privilege applies;

(g) a peace officer or other law enforcement official;

(h) a person providing services to a vulnerable adult pursuant to a contract with a state or federal agency;

(i) an employee of the department while in the conduct of the employee's duties; and

(j) a conservator, legal guardian, or representative payee.

(4) Except as provided under 45 CFR 1324.19, a long-term care ombudsman who is a professional or other person listed in subsection (3) shall be exempt from mandatory reporting of abuse, neglect, and exploitation when knowledge of the facts required to be reported are acquired while the long-term care ombudsman is acting in the ombudsman's official capacity as an ombudsman.

(5) Any other persons or entities may, but are not required to, submit a report in accordance with subsection (1).
Mont. Code Ann. § 52-8-103 — MT Code / Title 52 / Chapter 8 / Part 1 / Section 52-8-103
52-8-103 License required -- exception -- term of license -- no fee charged
Status: in_force

52-8-103 . License required -- exception -- term of license -- no fee charged. (1) Except as provided in subsection (2), only an entity holding a current child-placing agency license issued by the department may act as an agency for the purpose of:

(a) procuring or selecting proposed adoptive or foster homes;

(b) placing children in proposed adoptive or foster homes;

(c) soliciting persons to adopt or foster children or arranging for persons to adopt or foster children;

(d) soliciting persons to relinquish children or place children in potential adoptive or foster homes; or

(e) engaging in placement activities.

(2) (a) An attorney or health care provider may assist a parent in identifying or locating a person interested in adopting the parent's child or in identifying or locating a child to be adopted, provided that the attorney or health care provider shall also provide an expectant parent and prospective adoptive parent with a list of agencies licensed to assist with adoption support services and counseling. No payment, charge, fee, reimbursement of expense, or exchange of value of any kind may be made to the attorney or health care provider assisting the parent.

(b) An adoption in which an attorney or health care provider assists as allowed under subsection (2)(a) must comply with the provisions of Title 42 and this chapter.

(c) For the purposes of this subsection (2), "health care provider" means a person licensed under Title 37 whose scope of practice includes the provision of obstetrical care.

(3) Licenses are valid for 1 year after issuance. A fee may not be charged for a license.
Mont. Code Ann. § 52-3-401 — MT Code / Title 52 / Chapter 3 / Part 4 / Section 52-3-401
52-3-401 Definitions
Status: in_force

52-3-401 . Definitions. As used in this part, unless the context clearly indicates otherwise, the following definitions apply:

(1) "Department" means the department of public health and human services provided for in 2-15-2201 .

(2) "Older Americans Act" means the Older Americans Act of 1965, as amended, 42 U.S.C. 3001, et seq.

(3) "Planning and service area" means a geographic area of the state that is designated for purposes of planning, development, delivery, and overall administration of services under the Older Americans Act.

(4) "Services to older adults" means those services the department administers pursuant to the Older Americans Act.

(5) "State plan" means a plan developed by the department to coordinate and administer delivery of services under the Older Americans Act.
Mont. Code Ann. § 52-4-202 — MT Code / Title 52 / Chapter 4 / Part 2 / Section 52-4-202
52-4-202 Definitions
Status: in_force

52-4-202 . Definitions. As used in 52-4-201 through 52-4-205 , the following definitions apply:

(1) "Community home for persons with severe disabilities" means a family-oriented residence that is designed to provide residential services for two to eight persons with severe disabilities and that does not provide skilled or intermediate nursing care. This definition does not preclude the provision of skilled or intermediate nursing care by third-person providers.

(2) "Department" means the department of public health and human services provided for in 2-15-2201 .

(3) "Disability" means a permanent physical or mental condition recognized as a disability by Title VII of the federal Rehabilitation Act of 1973 (29 U.S.C. 796, et seq.), as may be amended.

(4) "Severe disability" means a permanent disability that substantially limits major life activity, such as walking, self-care, seeing, hearing, speaking, learning, reasoning, judgment, or memory, and that can be diagnosed by a physician. The term includes the condition of a person with severe disabilities as defined in 53-19-102 .
Mont. Code Ann. § 52-3-502 — MT Code / Title 52 / Chapter 3 / Part 5 / Section 52-3-502
52-3-502 Definitions
Status: in_force

52-3-502 . Definitions. In this part, the following definitions apply:

(1) "Department" means the department of public health and human services provided for in 2-15-2201 .

(2) "Older Montanan" means a resident of this state who is at least 60 years of age.
Mont. Code Ann. § 52-3-815 — MT Code / Title 52 / Chapter 3 / Part 8 / Section 52-3-815
52-3-815 Evidence of abuse, sexual abuse, neglect, or exploitation to be gathered and submitted
Status: in_force

52-3-815 . Evidence of abuse, sexual abuse, neglect, or exploitation to be gathered and submitted. (1) A person or agency receiving a report of suspected abuse, sexual abuse, neglect, or exploitation under 52-3-811 shall prepare a written description of the conditions regarded as evidence of abuse, sexual abuse, neglect, or exploitation and may, with the consent of an allegedly abused, sexually abused, neglected, or exploited vulnerable adult or without consent of the vulnerable adult if it appears that the vulnerable adult is an incapacitated person, take or cause to be taken photographs of an area of trauma visible on the body of the allegedly abused, sexually abused, neglected, or exploited vulnerable adult and regarded as evidence of abuse, sexual abuse, neglect, or exploitation.

(2) A physician required to report under 52-3-811 may, with the consent of an allegedly abused, sexually abused, neglected, or exploited vulnerable adult or without consent of the vulnerable adult if it appears that the person is an incapacitated person, require x-rays or other appropriate medical tests or procedures that would, in the professional opinion of the physician, assist in establishing evidence related to the allegation of abuse, sexual abuse, neglect, or exploitation.

(3) Evidence authorized to be gathered under this section must be submitted with the report required under 52-3-811 to the authorities designated in 52-3-811 as soon as possible after submission of the report.
Mont. Code Ann. § 52-2-601 — MT Code / Title 52 / Chapter 2 / Part 6 / Section 52-2-601
52-2-601 Establishment of substitute care for youth
Status: in_force

52-2-601 . Establishment of substitute care for youth. The legislature, in recognition of the wide and varied needs of youth in need of care, delinquent youth, and youth in need of intervention of this state and of the desirability of meeting these needs on a community level to the fullest extent possible, establishes by this part a system of substitute care to provide facilities and services for youth placed out of their homes and establishes a program to provide those facilities and services through local nonprofit corporations, counties, and the department of public health and human services.
Mont. Code Ann. § 52-2-308 — MT Code / Title 52 / Chapter 2 / Part 3 / Section 52-2-308
52-2-308 Rulemaking
Status: in_force

52-2-308 . Rulemaking. The department shall adopt rules necessary to implement this part. The rules must be adopted in cooperation with the committee established in 52-2-303 .
Mont. Code Ann. § 52-2-1003 — MT Code / Title 52 / Chapter 2 / Part 10 / Section 52-2-1003
52-2-1003 Eligible uses of Montana early childhood account
Status: in_force

52-2-1003 . Eligible uses of Montana early childhood account. (1) The Montana early childhood account board established in 52-2-1001 shall use the money in the Montana early childhood account provided for in 52-2-1002 to fund services and activities under the eligibility criteria below approved by the Montana early childhood account board established in 52-2-1001 .

(2) Eligible purposes for which the board may authorize include:

(a) early care and education provider support and workforce development, including:

(i) technical assistance grants that offer funding to start or expand child-care businesses, community-level partnerships, and program access strategies;

(ii) grants to support early childhood postsecondary education, certifications, apprenticeship, training, and continuing education to grow the workforce of early childhood professionals; and

(iii) recruitment and retention grants to provide workforce benefits, stipends, or supplements to retain qualified workers;

(b) quality improvement initiatives, including accreditation support, curriculum development, safety upgrades, and supports for infants, toddlers, and children with special needs;

(c) affordability initiatives, including expansion of licensed before-school and after-school care, the state child care subsidy program, and temporary child care assistance programs for families facing sudden financial hardship;

(d) innovation initiatives, including community child-care expansion programs and early learning and early childhood intervention access programs; and

(e) emergency assistance and disaster relief programs for impacted child-care facilities.

(3) In administering funding from the early childhood account, the board shall:

(a) determine funding priorities for services and activities using the department of public health and human services' early childhood system strategic plan and comprehensive fiscal analysis;

(b) establish further criteria for the receipt of program funds;

(c) monitor the expenditure of funds by organizations receiving funds under this section; and

(d) evaluate the efficacy of services and activities funded under this section.

(4) By September 1 of each year, the department shall report to the education interim committee and the children, families, health, and human services interim committee in accordance with 5-11-210 on the services and activities funded under this section.
Mont. Code Ann. § 52-3-406 — MT Code / Title 52 / Chapter 3 / Part 4 / Section 52-3-406
52-3-406 Departmental rules
Status: in_force

52-3-406 . Departmental rules. The department shall adopt rules to administer and implement this part.
Mont. Code Ann. § 52-3-816 — MT Code / Title 52 / Chapter 3 / Part 8 / Section 52-3-816
52-3-816 County attorney duties -- report to attorney general and legislature -- attorney general report
Status: in_force

52-3-816 . County attorney duties -- report to attorney general and legislature -- attorney general report. (1) (a) If the department receives a report of an allegation of exploitation of a victim pursuant to 52-3-811 that would constitute a crime under 45-5-804 or the crime of theft of identity in which the victim is an incapacitated person or vulnerable adult pursuant to 45-6-332 , and the department determines the report to be credible following an investigation, the department shall forward materials pertaining to the allegation to the county attorney where the alleged victim resides. If the alleged perpetrator is not identified, the county attorney shall request the department to provide the name or other available information to assist in identifying the alleged perpetrator.

(b) The duty to provide records to the county attorney under subsection (1)(a) remains throughout the course of an investigation or the prosecution of a case involving the exploitation or theft of identity of an incapacitated person or vulnerable adult.

(2) On or before July 1 of each year, each county attorney shall report to the attorney general. The report to the attorney general must include, for each report from the department:

(a) a unique case identifier;

(b) the date that the initial report or allegation was received by the county attorney;

(c) the date any charges were filed;

(d) the date of any decision to decline to prosecute;

(e) if charges are filed against a defendant, whether a conviction was obtained and, if a conviction was obtained, the sentence imposed by the court;

(f) the number of referrals made to the county attorney pursuant to subsection (1); and

(g) the number of reports presented that have not resulted in a prosecution or a declination of prosecution within 2 years of the date of the initial report received by the county attorney, and the basis for not making a decision on whether to prosecute or decline prosecution in the matters reported.

(3) The attorney general shall create a form for county attorneys to use when submitting reports required by subsection (2). The form must allow collection of the information required by subsection (2) on an aggregated, cumulative basis for a 5-year period until charges are filed or a decision is made to decline to prosecute.

(4) The attorney general shall report to the law and justice interim committee each year by September 1 in accordance with 5-11-210 . Except as provided in subsection (4)(e), the report must provide by county:

(a) aggregated information regarding the status of the cases reported in subsection (3) by the county attorneys, except for those cases pending review of the county attorney or uncharged cases still under investigation, including data on the total number of cases reported;

(b) the number of cases declined for prosecution;

(c) the number of cases charged;

(d) after consideration of the information provided by the department pursuant to 52-3-817 , any county attorney who failed to provide a complete report required by subsection (3); and

(e) any action in the past fiscal year that the attorney general took under the authority of 2-15-501 based on the reports submitted as required in subsection (2). A report made pursuant to this subsection (4)(e) may not include the name of the county.
Mont. Code Ann. § 52-4-205 — MT Code / Title 52 / Chapter 4 / Part 2 / Section 52-4-205
52-4-205 Rulemaking
Status: in_force

52-4-205 . Rulemaking. (1) The department shall, for the purpose of licensing, adopt rules to govern administration, operation, and health and safety requirements for community homes for persons with severe disabilities in order to protect rights of residents. The department shall provide for temporary and provisional licensing.

(2) The state fire prevention and investigation section of the department of justice shall provide advice and recommendations to the department concerning licensing requirements for health and safety.
Mont. Code Ann. § 52-2-807 — MT Code / Title 52 / Chapter 2 / Part 8 / Section 52-2-807
52-2-807 Renewal license
Status: in_force

52-2-807 . Renewal license. If a licensed program desires to renew a license, the request for renewal must be made at least 30 days prior to the expiration of its license.
Mont. Code Ann. § 52-2-627 — MT Code / Title 52 / Chapter 2 / Part 6 / Section 52-2-627
52-2-627 Respite care
Status: in_force

52-2-627 . Respite care. (1) The department shall provide respite care, to the extent funds are available, for foster children who are:

(a) persons with developmental disabilities and either on a respite care waiting list or not eligible for respite care from another program;

(b) medically demanding because they are nonambulatory or have other special needs requiring intensive supervision or care; or

(c) suffering from severe emotional problems that are manifested in serious behavior problems.

(2) Respite care may be provided by the department on an hourly, daily, or weekly basis at a rate of payment to be determined by the department.

(3) Respite care may not be provided in an institutionalized setting except in cases involving foster children who require intensive supervision or care.
Mont. Code Ann. § 52-2-904 — MT Code / Title 52 / Chapter 2 / Part 9 / Section 52-2-904
52-2-904 Terminated
Status: in_force

52-2-904 . Terminated. Sec. 8, Ch. 521, L. 2023.
Mont. Code Ann. § 52-2-724 — MT Code / Title 52 / Chapter 2 / Part 7 / Section 52-2-724
52-2-724 Provisional license -- provisional registration certificate
Status: in_force

52-2-724 . Provisional license -- provisional registration certificate. (1) The department may issue a provisional license or provisional registration certificate for a period which may not exceed 6 months if it finds that a day-care facility or applicant does not meet all standards established by the department, as long as the facility or applicant is attempting to meet the minimum standards.

(2) The department may not waive the requirement that a day-care center be certified under the provisions of 52-2-734 and 52-2-735 .

(3) The department may not waive the requirement that a day-care facility have current and adequate public liability insurance and fire insurance.
Mont. Code Ann. § 52-2-621 — MT Code / Title 52 / Chapter 2 / Part 6 / Section 52-2-621
52-2-621 License required
Status: in_force

52-2-621 . License required. (1) A person may not maintain or operate a youth care facility for any child or children within the meaning of this part without first securing a license from the department.

(2) A kinship care provider who provides unlicensed care for a child placed pursuant to the legal authority of the department must receive approval in writing from the department.

(3) An extended family member, as defined by the department, who provides unlicensed care for a youth who receives services provided through the department's developmental disabilities program, mental health program, or medicaid home and community-based services waiver program must receive approval in writing from the department.

(4) The department may not charge a fee for a license or approval granted under this section.
Mont. Code Ann. § 52-2-726 — MT Code / Title 52 / Chapter 2 / Part 7 / Section 52-2-726
52-2-726 Denial, cancellation, reduction, revocation, and nonrenewal of licenses and registration certificates -- fair hearing
Status: in_force

52-2-726 . Denial, cancellation, reduction, revocation, and nonrenewal of licenses and registration certificates -- fair hearing. (1) The department, after written notice to the applicant, licensee, or registrant, may deny, suspend, cancel, reduce, modify, or revoke a license or registration certificate upon finding that:

(a) any of the applicable conditions set forth in this part as prerequisites for the issuance of a license or registration certificate no longer exist;

(b) the licensee or registrant is no longer in compliance with the minimum standards prescribed by the department; or

(c) the license or registration certificate was issued upon fraudulent or untrue representation.

(2) The applicant, licensee, or registrant by written request may invoke the opportunity for hearing on the department's action by requesting a hearing within 10 days of notice of department action. The hearing shall be conducted according to the department's rules.
Mont. Code Ann. § 52-5-105 — MT Code / Title 52 / Chapter 5 / Part 1 / Section 52-5-105
52-5-105 Superintendents to manage facilities
Status: in_force

52-5-105 . Superintendents to manage facilities. Each facility provided for in 52-5-101 is under the immediate management and control of a superintendent. If the parent or legal guardian of a resident of a facility cannot be located, the superintendent or the superintendent's designee may consent to necessary medical treatment for the resident of the facility under the superintendent's management and control.
Mont. Code Ann. § 52-2-603 — MT Code / Title 52 / Chapter 2 / Part 6 / Section 52-2-603
52-2-603 Powers and duties of department
Status: in_force

52-2-603 . Powers and duties of department. (1) The department shall:

(a) administer all state and federal funds allocated to the department for youth foster homes, kinship foster homes, youth group homes, youth shelter care facilities, child-care agencies, and transitional living programs for youth in need of care, as defined in 41-3-102 ;

(b) exercise licensing authority over all youth foster homes, kinship foster homes, youth group homes, youth shelter care facilities, child-care agencies, transitional living programs, and youth assessment centers;

(c) collect and disseminate information relating to youth in need of care;

(d) provide for training of program personnel delivering services;

(e) in cooperation with youth care facility providers, develop and implement standards for youth care facilities;

(f) maintain adequate data on placements it funds in order to keep the legislature properly informed of the following:

(i) the number of youth in need of care in out-of-home care facilities;

(ii) the cost per facility for services rendered;

(iii) the type and level of care of services provided by each facility;

(iv) a profile of out-of-home care placements by level of care; and

(v) a profile of public institutional placements;

(g) administer all funds allocated to the department for residential alcohol and drug abuse treatment for indigent youth in need of care, indigent youth in need of intervention, and indigent delinquent youth who require treatment; and

(h) provide reimbursement for mental health outpatient counseling services for persons who experience the death of a foster child while providing substitute care to the foster child in a youth care facility.

(2) The department may:

(a) enter into contracts with nonprofit corporations or associations or private organizations to provide substitute care for youth in need of care in youth care facilities;

(b) accept gifts, grants, and donations of money and property from public and private sources to initiate and maintain community-based services to youth;

(c) adopt rules to carry out the administration and purposes of this part.

(3) The department shall pay for room, board, clothing, personal needs, and transportation in youth foster care homes and youth group homes for youth who are in the physical or legal custody of the department and who need to be placed in the facilities. Payments for the clothing of a youth placed in a youth foster home must be provided to the extent that the youth needs a basic wardrobe or has a special clothing need. Upon approval by the department, payments under this subsection may continue for a youth up to 21 years of age who remains in substitute care. Payments under this subsection may not exceed appropriations for the purposes of this subsection.

(4) The department may provide a subsidy for a guardianship of a child who is in the department's legal custody if the guardianship has been approved by the department pursuant to 41-3-444 and in accordance with eligibility criteria established by department rule.
Mont. Code Ann. § 52-2-710 — MT Code / Title 52 / Chapter 2 / Part 7 / Section 52-2-710
52-2-710 At-home infant care program -- definition
Status: in_force

52-2-710 . At-home infant care program -- definition. (1) There is an at-home infant care program for low-income families in which a parent provides full-time child care for the family's infant under 2 years of age that will be funded if a specific appropriation is added to the general appropriations act or by budget amendment if funds become available from federal or private sources. Subject to subsection (2), the family may receive a payment in lieu of child-care assistance if the family meets the following eligibility requirements:

(a) The family is not receiving cash assistance under Title 53, chapter 4, parts 2 and 6.

(b) The family has not previously received a total of 24 months of at-home infant care assistance under this section.

(c) The family is at or below 150% of the federal poverty level.

(d) The family has fulfilled the following work requirements for 1 out of the 3 months prior to entering the program:

(i) 120 hours a month for two-parent families, which may be the contribution of one or both parents;

(ii) 60 hours a month for single-parent families;

(iii) 40 hours a month for single-parent families who are attending postsecondary education or training.

(e) A parent must be 18 years of age or older or, if under 18 years of age, have attained an equivalency of completion of secondary education, as provided in 20-7-131 , or a high school diploma.

(f) A parent must meet any additional requirements as provided in administrative rules.

(2) A parent who is under 18 years of age and attending high school or a program for equivalency of completion of secondary education, as provided in 20-7-131 , may receive benefits for months outside of the regular school year.

(3) For the purposes of this section, "parent" means a birth parent, a stepparent, a foster parent, or a guardian who is acting in loco parentis.

(4) The maximum rate of assistance allowed is equal to the amount of child-care assistance for infant family care for the appropriate district, as adopted by the department by rule. The family may not receive subsidies for child care for other children in the family.

(5) A participating family shall report income and other family changes as specified by rule. State agencies shall treat income received under this program as earned income.

(6) Family members may participate in education and work activities as long as one or both parents provide care full time for the infant.
Mont. Code Ann. § 52-3-817 — MT Code / Title 52 / Chapter 3 / Part 8 / Section 52-3-817
52-3-817 Department report to attorney general
Status: in_force

52-3-817 . Department report to attorney general. (1) By September 15 of each even-numbered year, the department shall report to the attorney general and the law and justice interim committee in accordance with 5-11-210 the number of referrals to county attorneys by county pursuant to 52-3-811 for suspected offenses under 45-5-804 and suspected offenses of theft of identity of an incapacitated person or vulnerable adult pursuant to 45-6-332 .

(2) The attorney general may request investigative findings from the department and the county attorney for a case that the county attorney declined to prosecute under 45-5-804 or 45-6-332 and determine if the facts support the conclusion.
Mont. Code Ann. § 52-2-702 — MT Code / Title 52 / Chapter 2 / Part 7 / Section 52-2-702
52-2-702 Purpose -- findings
Status: in_force

52-2-702 . Purpose -- findings. (1) The purpose of this part is to assure that children requiring day care be provided such food, shelter, security and safety, guidance and direction, nurture and comfort, and learning experiences commensurate to their ages and capabilities so as to safeguard the growth and development of such children, thereby facilitating their proper physical and emotional maturation.

(2) (a) The legislature finds that the number of children living in homes where both parents work or in homes with a single parent who works has increased dramatically over the last decade.

(b) The legislature finds that the availability of quality child care is critical to the self-sufficiency and independence of Montana families, including the growing number of mothers who have young children and who work out of economic necessity.

(c) The legislature further finds that the number of quality child-care arrangements falls far short of the number required for children in need of child-care services.

(d) It is the intent of the legislature that the state promote day care for the purposes of:

(i) improving the quality of, and coordination among, child-care programs and providing additional resources for child-care services;

(ii) promoting the availability and diversity of quality child-care services for all children and families that need such services;

(iii) providing assistance to families whose financial resources are not sufficient to enable them to pay the full costs of necessary child-care services;

(iv) ensuring that parents are not forced by lack of available programs or financial resources to place a child in an unsafe or unhealthy child-care facility; and

(v) assisting people in finding and maintaining employment by lessening the stress related to the lack of adequate child care.
Mont. Code Ann. § 52-8-104 — MT Code / Title 52 / Chapter 8 / Part 1 / Section 52-8-104
52-8-104 Requirements for licensure
Status: in_force

52-8-104 . Requirements for licensure. The department may issue licenses to agencies meeting the following minimum requirements:

(1) The chief function of the agency or a specific program within the agency must be the care and placement of children.

(2) The agency operates on a nonprofit basis and is financially responsible in and for its operation.

(3) The agency meets the requirements as designated by the department by rule.

(4) The directing or managing personnel of the agency must be qualified both on the basis of professional educational experience and character.

(5) The agency shall maintain complete records of the children and adoptive or foster parents with which the agency deals. Adoption records must be maintained in accordance with 42-6-101 .

(6) The agency shall maintain and use an in-state office for making a social study of the child, particularly with regard to the physical and mental condition of the child and the child's family background.

(7) The agency shall maintain and use an in-state office for conducting a preplacement evaluation for adoptive parents or a home study for foster parents, particularly with regard to the physical and mental health, emotional stability, and personal integrity of the adoptive or foster parents and their ability to promote the child's welfare.

(8) The agency must have the ability to provide education for adoptive or foster parents and adoptive decision support services for placing parents as required in 42-2-409 and department rules.

(9) The agency shall agree to cooperate with courts having jurisdiction in adoptive or foster care matters and with other public agencies having to deal with the welfare of children.

(10) The agency shall, annually, submit a full, complete, and true financial statement to the department, and the statement must contain a full accounting of the operations of the agency during the preceding year.
Mont. Code Ann. § 52-2-302 — MT Code / Title 52 / Chapter 2 / Part 3 / Section 52-2-302
52-2-302 Definitions
Status: in_force

52-2-302 . Definitions. The following definitions apply to this part:

(1) (a) "High-risk child with multiagency service needs" means a child under 18 years of age who is seriously emotionally disturbed, who is placed or who imminently may be placed in an out-of-home setting, and who has a need for collaboration from more than one state agency in order to address the child's needs.

(b) The term does not include a child incarcerated in a correctional facility as defined in 41-5-103 .

(2) "Least restrictive and most appropriate setting" means a setting in which a high-risk child with multiagency service needs is served:

(a) within the child's family or community; or

(b) outside the child's family or community where the needed services are not available within the child's family or community and where the setting is determined to be the most appropriate alternative setting based on:

(i) the safety of the child and others;

(ii) ethnic and cultural norms;

(iii) preservation of the family;

(iv) services needed by the child and the family;

(v) the geographic proximity to the child's family and community if proximity is important to the child's treatment.

(3) "Provider" means an agency of state or local government, a person, or a program authorized to provide treatment or services to a high-risk child with multiagency service needs who is suffering from mental, behavioral, or emotional disorders.

(4) "Services" has the meaning as defined in 52-2-202 .

(5) "System of care" means an integrated service support system that:

(a) emphasizes the strengths of the child and the child's family;

(b) is comprehensive and individualized; and

(c) provides for:

(i) culturally competent and developmentally appropriate services in the least restrictive and most appropriate setting;

(ii) full involvement of families and providers as partners;

(iii) interagency collaboration; and

(iv) unified care and treatment planning at the individual child level.

(6) "Wraparound philosophy of care" means a planning process that is designed to address the needs of a child and the child's family and that:

(a) empowers the family to take the lead in making decisions affecting the planning for support systems and services;

(b) reflects the family's values, preferences, culture, strengths, and needs;

(c) emphasizes community-based natural and informal support systems;

(d) involves collaboration among members of a team that is developed with involvement of the family and that includes agencies, providers, and others who offer support to the child and family;

(e) provides services in the least restrictive and most accessible setting possible; and

(f) contains measurable outcomes that are regularly reviewed by the team and adjusted as necessary.
Mont. Code Ann. § 52-3-206 — MT Code / Title 52 / Chapter 3 / Part 2 / Section 52-3-206
52-3-206 Annual reports
Status: in_force

52-3-206 . Annual reports. The department shall make annual reports on the number of people served by this part and the type of protective services made available to the vulnerable adults of Montana.
Mont. Code Ann. § 52-2-733 — MT Code / Title 52 / Chapter 2 / Part 7 / Section 52-2-733
52-2-733 Periodic visits to facilities by department -- investigations -- consultation with licensees and registrants
Status: in_force

52-2-733 . Periodic visits to facilities by department -- investigations -- consultation with licensees and registrants. (1) The department or its authorized representative shall make periodic visits to all licensed day-care centers to ensure that minimum standards are maintained.

(2) The department may investigate and inspect the conditions and qualifications of any day-care center, group day-care home, or family day-care home seeking or holding a license or registration certificate under the provisions of this part.

(3) The department shall visit and inspect at least 20% of all registered family day-care homes and group day-care homes in each of the governor's planning regions annually.

(4) (a) Subject to subsection (4)(b), the department shall make annual unannounced visits to day-care centers that are licensed on an annual basis.

(b) The department may make annual unannounced visits to day-care centers that have been granted 2-year or 3-year licenses under 52-2-721 or that have successfully passed inspections for 10 consecutive years.

(5) Upon request of the department, the state fire prevention and investigation section of the department of justice shall inspect any day-care facility for which a license or registration certificate is applied for or issued and shall report its findings to the department.

(6) Upon request, the department shall give consultation to every licensee and registrant who desires to upgrade the services of the licensee's or registrant's program.

(7) This section may not be construed to require the department to conduct an inspection of each day-care facility applying for a registration certificate under the provisions of this part.
Mont. Code Ann. § 52-5-103 — MT Code / Title 52 / Chapter 5 / Part 1 / Section 52-5-103
52-5-103 Cooperative agreements for services with governing body of Indian tribe
Status: in_force

52-5-103 . Cooperative agreements for services with governing body of Indian tribe. (1) The department of corrections may enter into agreements with the governing body of an Indian tribe within the state for residential, educational, and evaluation services maintained by the department for children who have been adjudicated delinquent by the tribal court, subject to the provisions of this part and parts 1 and 2 of Title 53, chapter 1.

(2) Any agreement entered into under subsection (1) must also satisfy the requirements of Title 18, chapter 11.
Mont. Code Ann. § 52-2-114 — MT Code / Title 52 / Chapter 2 / Part 1 / Section 52-2-114
52-2-114 Department to supervise importation and exportation of children
Status: in_force

52-2-114 . Department to supervise importation and exportation of children. The department shall supervise the importation and exportation of children.
Mont. Code Ann. § 52-8-102 — MT Code / Title 52 / Chapter 8 / Part 1 / Section 52-8-102
52-8-102 General duties of department
Status: in_force

52-8-102 . General duties of department. The department shall:

(1) issue licenses to entities engaged in child placement activities on October 1, 1997, if the licensed applicant has met the requirements established by the department by rule;

(2) prescribe the conditions upon which child-placing licenses are issued and revoked; and

(3) adopt rules for the conduct of the affairs of child-placing agencies that are consistent with the welfare of children.
Mont. Code Ann. § 52-7-101 — MT Code / Title 52 / Chapter 7 / Part 1 / Section 52-7-101
52-7-101 Child abuse and neglect prevention program
Status: in_force

52-7-101 . Child abuse and neglect prevention program. (1) The Montana children's trust fund board, provided for in 2-15-2214 , shall use the money in the children's trust fund account established by 52-7-102 and the interest from the endowment established by 52-7-105 to fund services and activities related to a broad range of child abuse and neglect prevention activities and family resource programs operated by nonprofit or public community-based educational and service organizations.

(2) In administering the child abuse and neglect prevention program, the board shall:

(a) develop a state plan, priorities for funded services and activities, and criteria for the receipt of program funds;

(b) monitor the expenditure of funds by organizations receiving funds under this section;

(c) evaluate the effectiveness of services and activities funded under this section; and

(d) adopt rules necessary to implement 52-7-103 , 52-7-104 , and this section.
Mont. Code Ann. § 52-2-311 — MT Code / Title 52 / Chapter 2 / Part 3 / Section 52-2-311
52-2-311 Out-of-state placement monitoring and reporting
Status: in_force

52-2-311 . Out-of-state placement monitoring and reporting. (1) The department shall collect the following information regarding high-risk children with multiagency service needs:

(a) the number of children placed out of state;

(b) the reasons each child was placed out of state;

(c) the costs for each child placed out of state;

(d) the process used to avoid out-of-state placements;

(e) the number of in-state providers participating in the pool; and

(f) the location of the facilities in which the children were placed.

(2) For children whose placement is funded in whole or in part by medicaid, the report must include information indicating other department programs with which the child is involved.

(3) On an ongoing basis, the department shall attempt to reduce out-of-state placements.

(4) The department shall report, in accordance with 5-11-210 , to the children, families, health, and human services interim committee no later than August 30 each year concerning the information it has collected under this section and the results of the efforts it has made to reduce out-of-state placements. The report must cover placements made during the most recently completed fiscal year.
Mont. Code Ann. § 52-3-821 — MT Code / Title 52 / Chapter 3 / Part 8 / Section 52-3-821
52-3-821 Admissibility of evidence
Status: in_force

52-3-821 . Admissibility of evidence. In any proceeding resulting from a report made pursuant to the provisions of this part or in any proceeding where the report or its content is sought to be introduced into evidence, the report or its content or any other fact related to the report or to the condition of the vulnerable adult who is the subject of the report may not be excluded on the ground that the matter is or may be the subject of a privilege granted in Title 26, chapter 1, part 8, except the attorney-client privilege granted by 26-1-803 .
Mont. Code Ann. § 52-3-812 — MT Code / Title 52 / Chapter 3 / Part 8 / Section 52-3-812
52-3-812 Content of report
Status: in_force

52-3-812 . Content of report. (1) The report required by 52-3-811 may be made in writing or orally, by telephone, in person, or electronically through the department. A person who receives an oral report shall prepare it in writing as soon as possible.

(2) The report referred to under this section must contain:

(a) the names and addresses of the vulnerable adult and the person, if any, responsible for the vulnerable adult's care;

(b) the name and address, if available, of the person who is alleged to have abused, sexually abused, neglected, or exploited the vulnerable adult;

(c) to the extent known, the vulnerable adult's age and the nature and extent of the abuse, sexual abuse, neglect, or exploitation, including any evidence of previous injuries, abuse, sexual abuse, neglect, or exploitation sustained by the vulnerable adult and any evidence of prior instances of abuse, sexual abuse, neglect, or exploitation of other vulnerable adults committed by the person alleged to have committed abuse, sexual abuse, neglect, or exploitation; and

(d) the name, telephone number, and address of the person making the report.
Mont. Code Ann. § 52-5-101 — MT Code / Title 52 / Chapter 5 / Part 1 / Section 52-5-101
52-5-101 Establishment of correctional facilities -- prohibitions -- definition
Status: in_force

52-5-101 . Establishment of correctional facilities -- prohibitions -- definition. (1) The department of corrections, within the annual or biennial budgetary appropriation, may establish, maintain, and operate correctional facilities to provide custody, assessment, care, supervision, treatment, education, rehabilitation, and work and skill development of youth in need of these services who are at least 10 years of age and less than 18 years of age.

(2) A youth alleged or found to be a youth in need of intervention may not be placed in a correctional facility.

(3) When a correctional facility previously used as a secure residential facility for youth is repurposed by the department to provide for the custody, treatment, training, and rehabilitation of other correctional populations, serving the needs of youth populations must have priority if youth population increases sufficiently to justify the department reverting to the previous use of the facility.
Mont. Code Ann. § 52-5-109 — MT Code / Title 52 / Chapter 5 / Part 1 / Section 52-5-109
52-5-109 Transportation costs -- arrangement for transportation
Status: in_force

52-5-109 . Transportation costs -- arrangement for transportation. (1) Prior to adjudication:

(a) for a youth placed in a facility, other than a correctional facility or a detention facility, the judicial district of the youth court to which the youth has been referred shall pay the cost for transporting the youth to the facility and for any other transportation costs incurred while the youth is in the facility. The district shall pay these costs from its annual allocation provided for in 41-5-130 .

(b) for a youth detained in a detention facility, the county of the youth court to which the youth has been referred shall pay the cost for transporting the youth to the facility and for any other transportation costs while the youth is in the facility.

(2) After adjudication:

(a) for a youth placed in a nonsecure facility within or outside the state, the judicial district of the youth court in which the youth was adjudicated shall pay the costs for transporting the youth to and from the facility from its annual allocation established under 41-5-130 ;

(b) for a youth committed to the department of corrections for placement in an in-state correctional facility or returned to the department for violation of the terms and conditions of the youth's conditional release agreement, the county of the youth court in which the youth was adjudicated shall pay the cost for transporting the youth to the facility. The department shall pay the cost for transporting the youth after the youth is released from the facility or provide other arrangements for transporting the youth.

(c) for a youth placed in an out-of-state correctional facility pursuant to 41-5-355 , the department of corrections shall pay the cost for transporting the youth to the facility and the cost for transporting the youth after the youth is released from the facility.

(3) The youth court probation office shall arrange for all transportation to and from an out-of-home placement except when the department of corrections is responsible for transportation costs as provided for in subsections (2)(b) and (2)(c).
Mont. Code Ann. § 52-3-204 — MT Code / Title 52 / Chapter 3 / Part 2 / Section 52-3-204
52-3-204 Duties of department
Status: in_force

52-3-204 . Duties of department. The department is responsible for acting on requests for protective services from vulnerable adults or from relatives, friends, or other reputable persons requesting the services on behalf of a vulnerable adult.
Mont. Code Ann. § 52-3-207 — MT Code / Title 52 / Chapter 3 / Part 2 / Section 52-3-207
52-3-207 Protective services not creating guardianship or conservatorship
Status: in_force

52-3-207 . Protective services not creating guardianship or conservatorship. (1) The provision of protective services does not create a guardianship or conservatorship relationship between the department and the vulnerable adult.

(2) The department may not provide protective services that impose a legal limitation or restriction on a vulnerable adult:

(a) except emergency protective services provided under 52-3-804 ; or

(b) unless the department has been appointed legal guardian for the vulnerable adult under the provisions of Title 72, chapter 5, part 3.
Mont. Code Ann. § 52-2-110 — MT Code / Title 52 / Chapter 2 / Part 1 / Section 52-2-110
52-2-110 Department to oversee federal funds supporting legal services for children
Status: in_force

52-2-110 . Department to oversee federal funds supporting legal services for children. (1) The department shall leverage and maximize federal resources under Title IV-E of the Social Security Act to support the provision of quality legal representation to children in proceedings under Title 41, chapter 3.

(2) The department shall enter into an agreement with the office of state public defender to obtain federal reimbursement funds under Title IV-E of the Social Security Act for the provision of legal counsel to children in proceedings under Title 41, chapter 3.
Mont. Code Ann. § 52-2-304 — MT Code / Title 52 / Chapter 2 / Part 3 / Section 52-2-304
52-2-304 Committee duties
Status: in_force

52-2-304 . Committee duties. (1) The committee established in 52-2-303 shall, to the extent possible within existing resources:

(a) develop policies aimed at eliminating or reducing barriers to the implementation of a system of care;

(b) promote the development of an in-state quality array of core services in order to assist in returning high-risk children with multiagency service needs from out-of-state placements, limiting and preventing the placement of high-risk children with multiagency service needs out of state, and maintaining high-risk children with multiagency service needs within the least restrictive and most appropriate setting;

(c) advise local agencies to ensure that the agencies comply with applicable statutes, administrative rules, and department policy in committing funds and resources for the implementation of unified plans of care for high-risk children with multiagency service needs and in making any determination that a high-risk child with multiagency service needs cannot be served by an in-state provider;

(d) encourage the development of local interagency teams with participation from representatives from child serving agencies who are authorized to commit resources and make decisions on behalf of the agency represented;

(e) specify outcome indicators and measures to evaluate the effectiveness of the system of care;

(f) develop mechanisms to elicit meaningful participation from parents, family members, and youth who are currently being served or who have been served in the children's system of care; and

(g) take into consideration the policies, plans, and budget developed by any service area authority provided for in 53-21-1006 .

(2) The committee shall coordinate responsibility for the development of a stable system of care for high-risk children with multiagency service needs that may include, as appropriate within existing resources:

(a) pooling funding from federal, state, and local sources to maximize the most cost-effective use of funds to provide services in the least restrictive and most appropriate setting to high-risk children with multiagency service needs;

(b) applying for federal waivers and grants to improve the delivery of integrated services to high-risk children with multiagency service needs;

(c) providing for multiagency data collection and for analysis relevant to the creation of an accurate profile of the state's high-risk children with multiagency service needs in order to provide for the use of services based on client needs and outcomes and use of the analysis in the decisionmaking process;

(d) developing mechanisms for the pooling of human and fiscal resources; and

(e) providing training and technical assistance, as funds permit, at the local level regarding governance, development of a system of care, and delivery of integrated multiagency children's services.

(3) (a) In order to maximize integration and minimize duplication, the local interagency team, provided for in subsection (1)(d), may be facilitated in conjunction with an existing statutory team for providing youth services, including:

(i) a child protective team as provided for in 41-3-108 ;

(ii) a youth placement committee as provided for in 41-5-121 and 41-5-122 ;

(iii) a county or regional interdisciplinary child information and school safety team or an auxiliary team as provided for in 52-2-211 ;

(iv) a foster care review committee as provided for in 41-3-115 ;

(v) a local citizen review board as provided for in 41-3-1003 ; and

(vi) a local advisory council as provided for in 53-21-702 .

(b) If the local interagency team decides to coordinate and consolidate statutory teams, it shall ensure that all state and federal rules, laws, and policies required of the individual statutory teams are fulfilled.
Mont. Code Ann. § 52-5-113 — MT Code / Title 52 / Chapter 5 / Part 1 / Section 52-5-113
52-5-113 Publication of information to facilitate return of youth leaving correctional facility or program without permission
Status: in_force

52-5-113 . Publication of information to facilitate return of youth leaving correctional facility or program without permission. The department may publish the name and picture of and the offense and other information relating to a youth who has left a correctional facility or program operated by the department or who is committed to the department and who presents a threat to public safety if the publication is determined by the department to be necessary to facilitate the youth's return and to protect the public.
Mont. Code Ann. § 52-1-101 — MT Code / Title 52 / Chapter 1 / Part 1 / Section 52-1-101
52-1-101 Purpose
Status: in_force

52-1-101 . Purpose. It is the public policy of the legislature to reduce duplication and fragmentation of services to youth, families, and senior citizens by creating a department that shall develop and maintain consolidated programs and services, except youth correctional services, within available resources, and a planned continuum of services to:

(1) provide protective services to ensure the health, welfare, and safety of children and adults who are in danger of abuse, neglect, or exploitation within communities; and

(2) provide supportive services to enable senior citizens to maintain their independence.
Mont. Code Ann. § 52-2-203 — MT Code / Title 52 / Chapter 2 / Part 2 / Section 52-2-203
52-2-203 Cooperative agreement regarding children's services
Status: in_force

52-2-203 . Cooperative agreement regarding children's services. (1) State agencies shall enter into a cooperative agreement for the purpose of coordinating services to children with multiagency service needs. However, the existing state and community interagency service delivery and planning process for developmental disabilities may not be affected by this section.

(2) The cooperative agreement may:

(a) include a functional definition of "children with multiagency service needs";

(b) identify the responsibilities of each state agency in relation to children with multiagency service needs;

(c) describe agreements to recognize duplicated services and to fill gaps in services to children with multiagency service needs;

(d) define a process for the resolution of disputes between state agencies that relate to specific areas of an agency's service responsibilities;

(e) establish local interagency staffing groups that consist of the following members:

(i) a local representative from each state agency who is authorized to commit resources and make decisions on behalf of the agency represented;

(ii) representatives of local school districts, youth probation offices, and other public agencies serving youth; and

(iii) representatives of local private youth service agencies;

(f) provide that if a state agency is not able to provide all the services that a child requires, the agency may submit the child's case history to the local staffing group for the provision of multiagency services to the child;

(g) provide that a local interagency staffing group shall meet at the request of any one of its members to consider the provision of services to a child with multiagency service needs;

(h) provide for confidentiality of a child's case records in the same manner as provided in 41-3-205 ; and

(i) provide for review and necessary revision of the cooperative agreement at least once annually.

(3) For purposes of this part, the department of public health and human services is designated as the lead agency in coordinating and planning services to children with multiagency service needs. Other state agencies shall cooperate with the department of public health and human services to ensure minimum duplication and maximum coordination of services for children in Montana.
Mont. Code Ann. § 52-7-105 — MT Code / Title 52 / Chapter 7 / Part 1 / Section 52-7-105
52-7-105 Endowment for children
Status: in_force

52-7-105 . Endowment for children. (1) There is within the permanent fund type an endowment for children. The endowment is not subject to appropriation. The purpose of the endowment is to provide a permanent source of funding to support the programs and services referred to in 52-7-101 .

(2) The endowment may receive funds from:

(a) appropriations;

(b) gifts, grants, and donations, from public or private sources; and

(c) other money credited or transferred to the endowment from any other fund or source.

(3) The state treasurer must receive and shall deposit money in the endowment. The board of investments shall invest the money in the endowment. Only the interest generated by the endowment is available for expenditure by the board.
Mont. Code Ann. § 52-3-102 — MT Code / Title 52 / Chapter 3 / Part 1 / Section 52-3-102
52-3-102 Grants and gifts to department
Status: in_force

52-3-102 . Grants and gifts to department. The department of public health and human services may receive on behalf of the state any grant from the federal government or any grant or gift from any source and accept the grant or gift so that the title will pass to the state. All grants, grants-in-aid, or gifts must be deposited with the state treasurer and must be continuously available to the department.
Mont. Code Ann. § 52-2-604 — MT Code / Title 52 / Chapter 2 / Part 6 / Section 52-2-604
52-2-604 Transfer of custody to private agency -- reports
Status: in_force

52-2-604 . Transfer of custody to private agency -- reports. When the legal custody of a youth is vested in a public agency under the provisions of this part, the public agency may transfer physical custody of the youth to an appropriate private agency and may purchase care and treatment from the private agency if the private agency submits periodic reports to the public agency covering the care and treatment the youth is receiving and the youth's responses to that care and treatment. These reports shall be made as frequently as the public agency or the court deems necessary, but not less often than once each 6 months for each youth. The private agency shall also afford an opportunity for a representative of the public agency to examine or consult with the youth as frequently as the public agency deems necessary.
Mont. Code Ann. § 52-2-628 — MT Code / Title 52 / Chapter 2 / Part 6 / Section 52-2-628
52-2-628 Respite care providers -- recruitment, training, and employment -- qualifications
Status: in_force

52-2-628 . Respite care providers -- recruitment, training, and employment -- qualifications. (1) The department shall either directly or by contract with public or private, nonprofit agencies recruit, train, and employ respite care providers.

(2) Respite care providers shall meet the qualifications and requirements specified in rules adopted by the department pursuant to 52-2-603 .
Mont. Code Ann. § 52-2-711 — MT Code / Title 52 / Chapter 2 / Part 7 / Section 52-2-711
52-2-711 Resource and referral and day-care improvement grant program
Status: in_force

52-2-711 . Resource and referral and day-care improvement grant program. (1) (a) There is a grant program established within the department for the allocation of grant money to local child-care resource and referral programs and for improving the availability of quality child care and school-age day care.

(b) Program funds may include money from the following sources:

(i) funds specifically appropriated by the legislature for use under this section;

(ii) private gifts, grants, and donations;

(iii) federal or foundation grants awarded to the state for the purposes of this section; and

(iv) any other money made available for the purposes of this section.

(2) (a) The department may award grants to private, nonprofit organizations and public organizations that demonstrate the ability to provide child-care resource and referral services.

(b) To be eligible for a grant from the department as a resource and referral agency for a local area, an organization:

(i) shall maintain a database of child-care services in the community, including day-care facilities and preschools, which the organization continually updates;

(ii) shall include on the staff of the organization at least one individual who has expertise in child development;

(iii) must have the capability to provide resource and referral services in the local area;

(iv) must be able to respond to requests for information or assistance in a timely fashion;

(v) must be committed to providing services to all segments of the general public;

(vi) must be able to provide parents with a checklist to identify quality child-care services;

(vii) must be able to provide information on the availability of child-care subsidies;

(viii) shall maintain and make available to the public the number of all referrals made by the resource and referral agency; and

(ix) shall otherwise satisfy regulations promulgated by the department pursuant to this part.

(3) (a) The department may award grants for improving the availability of quality child care and school-age day care and for consumer education.

(b) The following grant applications must be given priority:

(i) grant applications for professional training for day-care or school-age care providers;

(ii) grant applications for the startup of school-age care programs or facilities when a community need has been demonstrated;

(iii) grant applications for consumer education; and

(iv) grant applications for preservation or expansion of existing care programs that fill a demonstrated need.

(4) The department shall adopt rules to administer the provisions of this section.
Mont. Code Ann. § 52-5-126 — MT Code / Title 52 / Chapter 5 / Part 1 / Section 52-5-126
52-5-126 Conditional release agreement
Status: in_force

52-5-126 . Conditional release agreement. (1) At least 30 days before a youth is released by the department of corrections from a correctional facility to the supervision, custody, and control of the youth court, the department, youth, and juvenile probation officer assigned to the youth shall develop a conditional release agreement for the youth.

(2) At least 14 days before the youth is released, the department, youth, and juvenile probation officer shall finalize and sign the conditional release agreement. The agreement must contain a statement advising the youth of the youth's rights under 41-5-1430 and the terms and conditions that may result in a revocation of the youth's conditional release.

(3) A conditional release agreement for a youth released from a correctional facility for commitment to a mental health facility pursuant to Title 53, chapter 21, part 1, must remain in effect until the youth court no longer has custody of the youth.
Mont. Code Ann. § 52-2-616 — MT Code / Title 52 / Chapter 2 / Part 6 / Section 52-2-616
52-2-616 Power of nonprofit corporations to establish homes and to receive facilities and funds
Status: in_force

52-2-616 . Power of nonprofit corporations to establish homes and to receive facilities and funds. Nonprofit corporations or associations may be formed or organized for the purpose of establishing youth care facilities or to provide community-based services and to receive from the department and other governmental units such services, facilities, training, and funds as the department or other governmental units may be authorized by law to provide.
Mont. Code Ann. § 52-3-802 — MT Code / Title 52 / Chapter 3 / Part 8 / Section 52-3-802
52-3-802 Legislative findings and purpose
Status: in_force

52-3-802 . Legislative findings and purpose. The legislature finds that a need exists to provide for cooperation among law enforcement officials and agencies, courts, and state and county agencies providing human services in preventing the abuse, sexual abuse, neglect, and exploitation of Montana's vulnerable adults through the identification, reporting, and prosecution of acts of abuse, sexual abuse, neglect, and exploitation.
Mont. Code Ann. § 52-2-736 — MT Code / Title 52 / Chapter 2 / Part 7 / Section 52-2-736
52-2-736 Prohibition against administering medicine without authorization -- provision for emergency -- definitions -- penalty
Status: in_force

52-2-736 . Prohibition against administering medicine without authorization -- provision for emergency -- definitions -- penalty. (1) An employee, owner, household member, volunteer, or operator of a day-care facility, as defined in 52-2-703 , regardless of whether the facility is licensed or registered, may not purposely or knowingly administer any medicine, as defined in 37-7-101 , to a child attending the day-care facility without written authorization. Written authorization must include the child's name, date or dates for which the authorization is applicable, dosage instructions, and signature of the child's parent or guardian.

(2) If an emergency medical condition arises and the parent or guardian of the child is unavailable, an employee, owner, or operator of a day-care facility may administer medicine to a child attending the day-care facility without the written authorization of a parent or guardian as provided in subsection (1) if:

(a) a medical practitioner provides a written authorization containing the child's name, date or dates for which the authorization is applicable, dosage instructions, and the medical practitioner's signature; or

(b) a medical practitioner, emergency services provider, or 9-1-1 responder verbally directs the employee, owner, or operator of the day-care facility attending the child to immediately administer a medicine to the child and the child is subsequently transported within a reasonable time by the child's parents, an owner, operator, or employee of the child-care facility, a health care provider, or an emergency services provider to a health care facility or a medical practitioner for followup care.

(3) A medicine administered to a child pursuant to subsection (1) or (2) may not be inappropriately administered.

(4) An employee, owner, or operator of a day-care facility who has administered medicine to a child in accordance with this section may not be prosecuted for causing bodily injury or severe bodily injury to a child.

(5) For the purposes of this section:

(a) "bodily injury" has the meaning provided in 45-2-101 ;

(b) "emergency medical condition" means circumstances in which a prudent lay person acting reasonably would believe that an emergency medical condition exists;

(c) "emergency services provider" has the meaning provided in 50-16-701 ;

(d) "health care facility" means a profit or nonprofit, public or private physician's office, hospital, critical access hospital, infirmary, clinic, outpatient center for primary care, or outpatient center for surgical services, as any of those terms are defined in 50-5-101 ;

(e) "inappropriately administered" means to give medicine to a child that is not indicated, as to the medicine's type, dosage, or frequency of use or the container instructions, if any, by the medical symptoms exhibited by the child;

(f) "knowingly" has the meaning provided in 45-2-101 ;

(g) "medical practitioner" has the meaning provided in 37-2-101 ;

(h) "9-1-1 responder" means a law enforcement dispatcher or other person answering a 9-1-1 telephone call, a person answering a telephone call made to a poison control center, or an emergency services provider;

(i) "purposely" has the meaning provided in 45-2-101 ; and

(j) "serious bodily injury" has the meaning provided in 45-2-101 .

(6) (a) A person convicted of purposely or knowingly administering medicine without authorization resulting in bodily injury to a child shall be imprisoned in the county jail for a term not to exceed 6 months or be fined an amount not to exceed $500, or both.

(b) A person convicted of purposely or knowingly administering medicine without authorization resulting in serious bodily injury to a child or in the death of a child shall be imprisoned for a term not to exceed 20 years or be fined an amount not to exceed $50,000, or both.
Mont. Code Ann. § 52-2-310 — MT Code / Title 52 / Chapter 2 / Part 3 / Section 52-2-310
52-2-310 Development and use of qualified provider pools -- circumstances requiring participation in the pool -- exceptions
Status: in_force

52-2-310 . Development and use of qualified provider pools -- circumstances requiring participation in the pool -- exceptions. (1) In order to accomplish the goals of 52-2-301 , the department shall establish a pool of qualified in-state providers identified as willing and able to meet the significant needs of high-risk children with multiagency service needs who are currently placed or may be placed out of state. Using existing staff resources, the department shall design and implement a process in which licensed providers qualify for a pool by demonstrating their ability to provide mental health services for children:

(a) through use of available federal and state special revenue and state general fund money;

(b) in the least restrictive setting available;

(c) in accordance with the state's goal of using a wraparound philosophy of care and planning process; and

(d) using criteria established by the department to address the specialized needs of high-risk children with multiagency service needs.

(2) (a) Except as provided in subsection (3), the department shall:

(i) allow any willing and qualified in-state provider to review a case involving a high-risk child with multiagency service needs and to propose a plan of care for providing in-state services to the child; and

(ii) require an in-state provider to review each case involving a high-risk child with multiagency service needs and to propose a plan of care for providing in-state services to the child if:

(A) the provider is receiving an enhanced medicaid reimbursement rate because the provider has increased access to in-state care for medicaid-eligible Montana children who would otherwise be placed out of state to receive necessary care; and

(B) the provider offers services appropriate to the needs of the child.

(b) Prior to contracting with a provider for the delivery of in-state services, the department shall determine that the plan of care submitted by the in-state provider is both cost-effective and in the best interests of the child.

(c) If a qualified in-state provider proposes a plan of care for providing in-state services to the child, the department may not certify a child for placement with an out-of-state provider unless it denies the plan of care proposed by the in-state provider.

(3) (a) The department is not required to seek a plan of care from an in-state provider if doing so would delay placement and create a higher level of risk for the child in need of services or if the out-of-state provider is located nearer to the child's home or family than the in-state provider.

(b) An in-state provider is not required to review a case and propose a plan of care:

(i) for a child who has medically complex needs that cannot be met in the state;

(ii) for a child who is developmentally disabled with comorbidities;

(iii) if the provider's licensure precludes accepting the child; or

(iv) when accepting a child would pose a demonstrable risk to the child seeking admission, to other children currently receiving services from the provider, or to the provider's staff.

(c) The department shall adopt rules to outline the circumstances under which a provider would qualify for the exception allowed under subsection (3)(b)(iv).

(d) (i) A provider shall submit a plan of care within 2 working days of receiving a case for review.

(ii) A provider seeking an exception under subsection (3)(b)(iv) shall provide a statement in a form prescribed by the department to demonstrate the risk to the child seeking admission, to other children currently receiving services from the provider, or to the provider's staff.
Mont. Code Ann. § 52-5-127 — MT Code / Title 52 / Chapter 5 / Part 1 / Section 52-5-127
52-5-127 Control over youth placed on conditional release
Status: in_force

52-5-127 . Control over youth placed on conditional release. The youth court has control over a youth released by the department of corrections pursuant to a conditional release agreement under 52-5-126 until the youth attains 18 years of age unless the youth is discharged by the youth court before age 18. However, the youth is subject to the continuing jurisdiction of the youth courts of Montana, pursuant to 41-5-205 , for acts committed by the youth.
Mont. Code Ann. § 52-2-121 — MT Code / Title 52 / Chapter 2 / Part 1 / Section 52-2-121
52-2-121 Development of state permanent placement policy and plan
Status: in_force

52-2-121 . Development of state permanent placement policy and plan. The department shall develop a state permanent placement policy and plan for children in the state's child welfare system. The state plan must include, at a minimum:

(1) a plan that includes locating a permanent home for any child that has been in foster care for more than 1 year;

(2) the number of children impacted by the plan;

(3) identification of priorities in placement alternatives;

(4) identification of various strategies for improvement of the child welfare system and of an action plan to implement these strategies;

(5) interim findings and identification of barriers to permanent placement of children and recommendations to reduce or eliminate those barriers; and

(6) steps taken by the department to sustain systemic change in placement of children in out-of-home care.
Mont. Code Ann. § 52-3-604 — MT Code / Title 52 / Chapter 3 / Part 6 / Section 52-3-604
52-3-604 Access to long-term care facilities
Status: in_force

52-3-604 . Access to long-term care facilities. (1) Subject to subsection (2), the long-term care ombudsman or local ombudsman must have access without advance notice to any long-term care facility, including private access to any resident, for the purpose of meeting with residents, investigating and resolving complaints, and advising residents on their rights.

(2) Access must be granted to the long-term care ombudsman or local ombudsman during normal visiting hours and to the long-term care ombudsman at any time. A local ombudsman may have access after normal visiting hours with approval, directions, and oversight of the long-term care ombudsman when necessary to perform the duties described in 52-3-603 .

(3) The ombudsman shall carry out the duties described in 52-3-603 in a manner that is least disruptive to resident care and activities.
Mont. Code Ann. § 52-2-805 — MT Code / Title 52 / Chapter 2 / Part 8 / Section 52-2-805
52-2-805 Requirements for licensure -- restrictions -- rulemaking
Status: in_force

52-2-805 . Requirements for licensure -- restrictions -- rulemaking. (1) The department shall require applicants and licensees:

(a) to submit a set of fingerprints for each person associated with the program who has direct access to program participants for the purpose of conducting a criminal and child protection background check by the Montana department of justice and the federal bureau of investigation. This background investigation must include information pertaining to criminal convictions, reports of domestic violence, and substantiated child abuse or neglect of children.

(b) to maintain and to provide verification of policies of insurance in a form and in an adequate amount as determined by rule.

(2) In developing minimum standards for licensed programs, the department shall adopt rules that pertain to ensuring the health and safety of program participants, including:

(a) a procedure for a licensed program to report the use of a medical, chemical, or physical restraint or seclusion to the department within 1 business day after the day on which the use of the medical, chemical, or physical restraint or seclusion occurs;

(b) guidelines for written policies and procedures of the licensed program, including policies and procedures on suicide prevention and for implementation of the requirements and restrictions in subsections (3) and (4);

(c) a procedure for the department to review and approve the licensed program's policies and procedures; and

(d) a procedure for submitting a complaint about a licensed program to the department and law enforcement and a requirement that each licensed program publicly post information that describes how to submit a complaint about the licensed program to the department and law enforcement.

(3) A licensed program may not:

(a) use physical discipline or the threat of physical discipline as a punishment, deterrent, or incentive;

(b) deprive a youth of basic necessity or inherent right, including education;

(c) admit a youth who is under the age approved in the licensure or has a condition not allowed to be treated under the licensure; or

(d) sexually abuse, exploit, or harass an enrolled youth.

(4) A licensed program must:

(a) allow a parent or guardian to remove a youth from the licensed program; and

(b) unless otherwise prohibited by law or court order, facilitate weekly confidential video communication between a youth and the youth's parents, guardians, or foster parents.

(5) A licensed program shall provide a fixed number telephone to the child abuse hotline operated by the department that is readily available to enrolled participants 24 hours a day.
Mont. Code Ann. § 52-2-111 — MT Code / Title 52 / Chapter 2 / Part 1 / Section 52-2-111
52-2-111 Administrative duties of department
Status: in_force

52-2-111 . Administrative duties of department. (1) Subject to the authority and regulations of the department and in cooperation with the federal government, the department shall:

(a) adopt rules necessary to carry out the purposes of this part; and

(b) administer or supervise all child welfare services of the state.

(2) The department division responsible for administering child welfare services shall require all employees hired as district supervisors or supervisors of field staff to complete annual child welfare supervisory training.

(3) The annual child welfare supervisory training may be made available to qualifying child protection specialists who demonstrate an interest and aptitude in becoming a supervisor in the child protection system.