reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 52. Family Services › Chapter 2. Children's Services › Part 7. Child Care › 52-2-733. Periodic visits to facilities by department -- investigations -- consultation with licensees and registrants

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.
History: En. Sec. 9, Ch. 247, L. 1965; amd. Sec. 49, Ch. 121, L. 1974; R.C.M. 1947, 10-809(part); amd. Sec. 12, Ch. 606, L. 1981; amd. Sec. 11, Ch. 692, L. 1989; Sec. 53-4-511, MCA 1987; redes. 52-2-733 by Code Commissioner, 1989; amd. Sec. 34, Ch. 706, L. 1991; amd. Sec. 151, Ch. 418, L. 1995; amd. Sec. 351, Ch. 546, L. 1995; amd. Sec. 2, Ch. 126, L. 2007; amd. Sec. 37, Ch. 449, L. 2007.
2023 Montana Code Annotated › Title 52. Family Services › Chapter 2. Children's Services › Part 7. Child Care › 52-2-734. Fire safety -- certification required

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.
History: En. Sec. 4, Ch. 247, L. 1965; amd. Sec. 4, Ch. 121, L. 1974; R.C.M. 1947, 10-804; amd. Sec. 8, Ch. 38, L. 1979; amd. Sec. 6, Ch. 606, L. 1981; amd. Sec. 11, Ch. 503, L. 1985; Sec. 53-4-505, MCA 1987; redes. 52-2-734 by Code Commissioner, 1989; amd. Sec. 35, Ch. 706, L. 1991; amd. Sec. 38, Ch. 449, L. 2007.
2023 Montana Code Annotated › Title 52. Family Services › Chapter 2. Children's Services › Part 7. Child Care › 52-2-735. Health protection -- certification required

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.
History: En. Sec. 5, Ch. 247, L. 1965; amd. Sec. 5, Ch. 121, L. 1974; R.C.M. 1947, 10-805; amd. Sec. 7, Ch. 606, L. 1981; Sec. 53-4-506, MCA 1987; redes. 52-2-735 by Code Commissioner, 1989; amd. Sec. 3, Ch. 165, L. 1991; amd. Sec. 152, Ch. 418, L. 1995; amd. Sec. 352, Ch. 546, L. 1995.
2023 Montana Code Annotated › Title 52. Family Services › Chapter 2. Children's Services › Part 7. Child Care › 52-2-737. Group day-care home -- staffing requirement

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.
History: En. Sec. 1, Ch. 421, L. 2021.
2023 Montana Code Annotated › Title 52. Family Services › Chapter 2. Children's Services › Part 7. Child Care › 52-2-741. Penalty -- remedies

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.
History: (1)En. Sec. 18, Ch. 606, L. 1981; (2)En. Sec. 11, Ch. 247, L. 1965; amd. Sec. 9, Ch. 121, L. 1974; R.C.M. 1947, 10-811; amd. Sec. 16, Ch. 606, L. 1981; amd. Sec. 12, Ch. 692, L. 1989; Sec. 53-4-515, MCA 1987; redes. 52-2-741 by Code Commissioner, 1989; amd. Sec. 1, Ch. 222, L. 1997.
2023 Montana Code Annotated › Title 52. Family Services › Chapter 2. Children's Services › Part 8. Private Alternative Adolescent Residential or Outdoor Programs › 52-2-801. Purpose

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.
History: En. Sec. 1, Ch. 293, L. 2019.
2023 Montana Code Annotated › Title 52. Family Services › Chapter 2. Children's Services › Part 8. Private Alternative Adolescent Residential or Outdoor Programs › 52-2-802. Definitions

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.
History: En. Sec. 2, Ch. 293, L. 2019.
2023 Montana Code Annotated › Title 52. Family Services › Chapter 2. Children's Services › Part 8. Private Alternative Adolescent Residential or Outdoor Programs › 52-2-803. Duties of department

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.
History: En. Sec. 3, Ch. 293, L. 2019.
2023 Montana Code Annotated › Title 52. Family Services › Chapter 2. Children's Services › Part 8. Private Alternative Adolescent Residential or Outdoor Programs › 52-2-804. License required -- term of license -- fees

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.
History: En. Sec. 4, Ch. 293, L. 2019.
2023 Montana Code Annotated › Title 52. Family Services › Chapter 2. Children's Services › Part 8. Private Alternative Adolescent Residential or Outdoor Programs › 52-2-805. Requirements for licensure -- restrictions -- rulemaking

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.
History: En. Sec. 5, Ch. 293, L. 2019; amd. Sec. 1, Ch. 498, L. 2023.
2023 Montana Code Annotated › Title 52. Family Services › Chapter 2. Children's Services › Part 8. Private Alternative Adolescent Residential or Outdoor Programs › 52-2-806. Provisional license

52-2-806. Provisional license.
The department may issue a provisional license for a period not to exceed 6 months 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.
History: En. Sec. 6, Ch. 293, L. 2019.
2023 Montana Code Annotated › Title 52. Family Services › Chapter 2. Children's Services › Part 8. Private Alternative Adolescent Residential or Outdoor Programs › 52-2-807. Renewal license

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.
History: En. Sec. 7, Ch. 293, L. 2019.
2023 Montana Code Annotated › Title 52. Family Services › Chapter 2. Children's Services › Part 8. Private Alternative Adolescent Residential or Outdoor Programs › 52-2-808. Denial, cancellation, reduction, revocation, and nonrenewal of licenses -- fair hearing

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.
History: En. Sec. 8, Ch. 293, L. 2019.
2023 Montana Code Annotated › Title 52. Family Services › Chapter 2. Children's Services › Part 8. Private Alternative Adolescent Residential or Outdoor Programs › 52-2-809. Licensees and applicants to maintain records, furnish reports, and permit inspections

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.
History: En. Sec. 9, Ch. 293, L. 2019.
2023 Montana Code Annotated › Title 52. Family Services › Chapter 2. Children's Services › Part 8. Private Alternative Adolescent Residential or Outdoor Programs › 52-2-810. Periodic visits to facilities by department -- investigations -- consultation with licensees and registrants

52-2-810. 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 programs to ensure that minimum standards are maintained.
(2) The department shall investigate and inspect the conditions and qualifications of any program seeking or holding a license under the provisions of this part.
(3) (a) The department shall conduct an onsite inspection of:
(i) each program applying for a license; and
(ii) each licensed program at least semiannually.
(b) The semiannual inspections of a licensed program must be unannounced.
(c) At least 50% of the youth enrolled in the program must be interviewed by department staff during each inspection. Program staff may not be present during these interviews.
(d) All records of a licensed program must be open to inspection by the department at all reasonable times.
(4) On request of the department, the state fire prevention and investigation section of the department of justice shall inspect any program for which a license is applied for or issued and shall report its findings to the department.
History: En. Sec. 10, Ch. 293, L. 2019; amd. Sec. 2, Ch. 498, L. 2023.
2023 Montana Code Annotated › Title 52. Family Services › Chapter 2. Children's Services › Part 8. Private Alternative Adolescent Residential or Outdoor Programs › 52-2-811. Penalty -- remedies

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.
History: En. Sec. 11, Ch. 293, L. 2019.
2023 Montana Code Annotated › Title 52. Family Services › Chapter 2. Children's Services › Part 9. Early Intervention Services › 52-2-902. Definitions

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.
History: En. Sec. 3, Ch. 521, L. 2023.
2023 Montana Code Annotated › Title 52. Family Services › Chapter 3. Adult Services › Part 1. Problems of Aging › 52-3-101. Functions of department of public health and human services

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.
History: En. Sec. 4, Ch. 73, L. 1965; amd. Sec. 4, Ch. 12, L. 1967; Sec. 82-3504, R.C.M. 1947; amd. and redes. 71-2001 by Sec. 43, Ch. 121, L. 1974; R.C.M. 1947, 71-2301; amd. Sec. 1, Ch. 665, L. 1979; amd. Sec. 11, Ch. 609, L. 1987; Sec. 53-5-101, MCA 1989; redes. 52-3-101 by Code Commissioner, 1991; amd. Sec. 353, Ch. 546, L. 1995; amd. Sec. 1, Ch. 435, L. 1999.
2023 Montana Code Annotated › Title 52. Family Services › Chapter 3. Adult Services › Part 1. Problems of Aging › 52-3-102. Grants and gifts to department

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.
History: En. Sec. 5, Ch. 73, L. 1965; amd. Sec. 5, Ch. 12, L. 1967; Sec. 82-3505, R.C.M. 1947; amd. and redes. 71-2002 by Sec. 44, Ch. 121, L. 1974; R.C.M. 1947, 71-2302; amd. Sec. 11, Ch. 609, L. 1987; Sec. 53-5-102, MCA 1989; redes. 52-3-102 by Code Commissioner, 1991; amd. Sec. 354, Ch. 546, L. 1995.
2023 Montana Code Annotated › Title 52. Family Services › Chapter 3. Adult Services › Part 1. Problems of Aging › 52-3-103. Designation of area agencies

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.
History: En. Sec. 1, Ch. 337, L. 1983; amd. Sec. 11, Ch. 609, L. 1987; Sec. 53-5-103, MCA 1989; redes. 52-3-103 by Code Commissioner, 1991; amd. Sec. 355, Ch. 546, L. 1995; amd. Sec. 2, Ch. 435, L. 1999; amd. Sec. 45, Ch. 571, L. 2001.
2023 Montana Code Annotated › Title 52. Family Services › Chapter 3. Adult Services › Part 1. Problems of Aging › 52-3-111. Repealed

52-3-111. Repealed.
Sec. 1, Ch. 208, L. 2021.
History: En. Secs. 1, 2, Ch. 638, L. 1983; amd. Sec. 11, Ch. 609, L. 1987; Sec. 53-5-111, MCA 1989; redes. 52-3-111 by Code Commissioner, 1991; amd. Sec. 356, Ch. 546, L. 1995.
2023 Montana Code Annotated › Title 52. Family Services › Chapter 3. Adult Services › Part 1. Problems of Aging › 52-3-115. Older Montanans trust fund

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).
History: En. Sec. 1, Ch. 482, L. 2007; amd. Sec. 31, Ch. 489, L. 2009; amd. Sec. 6, Ch. 312, L. 2011; amd. Sec. 6, Ch. 375, L. 2017; amd. Sec. 6, Ch. 393, L. 2019; amd. Sec. 2, Ch. 141, L. 2023.
2023 Montana Code Annotated › Title 52. Family Services › Chapter 3. Adult Services › Part 2. Protective Services › 52-3-201. Short title

52-3-201. Short title.
This part may be cited as the "Protective Services Act for Vulnerable Adults".
History: En. 71-1914 by Sec. 1, Ch. 232, L. 1975; R.C.M. 1947, 71-1914; Sec. 53-5-201, MCA 1989; redes. 52-3-201 by Code Commissioner, 1991; amd. Sec. 11, Ch. 12, L. 2023.
2023 Montana Code Annotated › Title 52. Family Services › Chapter 3. Adult Services › Part 2. Protective Services › 52-3-202. Definitions

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.
History: En. 71-1915 by Sec. 2, Ch. 232, L. 1975; R.C.M. 1947, 71-1915; amd. Sec. 11, Ch. 609, L. 1987; Sec. 53-5-202, MCA 1989; redes. 52-3-202 by Code Commissioner, 1991; amd. Sec. 21, Ch. 255, L. 1995; amd. Sec. 1, Ch. 465, L. 1995; amd. Sec. 357, Ch. 546, L. 1995; amd. Sec. 12, Ch. 12, L. 2023.
2023 Montana Code Annotated › Title 52. Family Services › Chapter 3. Adult Services › Part 2. Protective Services › 52-3-203. Purpose

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.
History: En. 71-1916 by Sec. 3, Ch. 232, L. 1975; R.C.M. 1947, 71-1916; Sec. 53-5-203, MCA 1989; redes. 52-3-203 by Code Commissioner, 1991; amd. Sec. 13, Ch. 12, L. 2023.
2023 Montana Code Annotated › Title 52. Family Services › Chapter 3. Adult Services › Part 2. Protective Services › 52-3-204. Duties of department

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.
History: En. 71-1917 by Sec. 4, Ch. 232, L. 1975; R.C.M. 1947, 71-1917; Sec. 53-5-204, MCA 1989; redes. 52-3-204 by Code Commissioner, 1991; amd. Sec. 14, Ch. 12, L. 2023.
2023 Montana Code Annotated › Title 52. Family Services › Chapter 3. Adult Services › Part 2. Protective Services › 52-3-205. Departmental authority

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.
History: En. 71-1918 by Sec. 5, Ch. 232, L. 1975; R.C.M. 1947, 71-1918; Sec. 53-5-205, MCA 1989; redes. 52-3-205 by Code Commissioner, 1991.
2023 Montana Code Annotated › Title 52. Family Services › Chapter 3. Adult Services › Part 2. Protective Services › 52-3-206. Annual reports

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.
History: En. 71-1919 by Sec. 6, Ch. 232, L. 1975; R.C.M. 1947, 71-1919; Sec. 53-5-206, MCA 1989; redes. 52-3-206 by Code Commissioner, 1991; amd. Sec. 15, Ch. 12, L. 2023.
2023 Montana Code Annotated › Title 52. Family Services › Chapter 3. Adult Services › Part 2. Protective Services › 52-3-207. Protective services not creating guardianship or conservatorship

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.
History: En. Sec. 7, Ch. 343, L. 1981; Sec. 53-5-207, MCA 1989; redes. 52-3-207 by Code Commissioner, 1991; amd. Sec. 2, Ch. 465, L. 1995; amd. Sec. 16, Ch. 12, L. 2023.
2023 Montana Code Annotated › Title 52. Family Services › Chapter 3. Adult Services › Part 3. Adult Foster Family Care (Repealed) › 52-3-301. Repealed

52-3-301. Repealed.
Sec. 15, Ch. 366, L. 1995.
History: En. 71-2303 by Sec. 1, Ch. 364, L. 1975; R.C.M. 1947, 71-2303; Sec. 53-5-301, MCA 1989; redes. 52-3-301 by Code Commissioner, 1991.
2023 Montana Code Annotated › Title 52. Family Services › Chapter 3. Adult Services › Part 3. Adult Foster Family Care (Repealed) › 52-3-302. Repealed

52-3-302. Repealed.
Sec. 15, Ch. 366, L. 1995.
History: En. 71-2304 by Sec. 2, Ch. 364, L. 1975; amd. Sec. 40, Ch. 37, L. 1977; R.C.M. 1947, 71-2304; amd. Sec. 2, Ch. 665, L. 1979; amd. Sec. 11, Ch. 609, L. 1987; Sec. 53-5-302, MCA 1989; redes. 52-3-302 by Code Commissioner, 1991.
2023 Montana Code Annotated › Title 52. Family Services › Chapter 3. Adult Services › Part 3. Adult Foster Family Care (Repealed) › 52-3-303. Repealed

52-3-303. Repealed.
Sec. 15, Ch. 366, L. 1995.
History: En. 71-2305 by Sec. 3, Ch. 364, L. 1975; R.C.M. 1947, 71-2305; amd. Sec. 10, Ch. 38, L. 1979; amd. Sec. 3, Ch. 665, L. 1979; amd. Sec. 5, Ch. 102, L. 1989; Sec. 53-5-303, MCA 1989; redes. 52-3-303 by Code Commissioner, 1991.
2023 Montana Code Annotated › Title 52. Family Services › Chapter 3. Adult Services › Part 3. Adult Foster Family Care (Repealed) › 52-3-304. Repealed

52-3-304. Repealed.
Sec. 15, Ch. 366, L. 1995.
History: En. 71-2306 by Sec. 4, Ch. 364, L. 1975; R.C.M. 1947, 71-2306; amd. Sec. 11, Ch. 38, L. 1979; amd. Sec. 3, Ch. 199, L. 1979; Sec. 53-5-304, MCA 1989; redes. 52-3-304 by Code Commissioner, 1991; amd. Sec. 1, Ch. 706, L. 1991.
2023 Montana Code Annotated › Title 52. Family Services › Chapter 3. Adult Services › Part 3. Adult Foster Family Care (Repealed) › 52-3-305. Repealed

52-3-305. Repealed.
Sec. 15, Ch. 366, L. 1995.
History: En. 71-2307 by Sec. 5, Ch. 364, L. 1975; R.C.M. 1947, 71-2307; Sec. 53-5-305, MCA 1989; redes. 52-3-305 by Code Commissioner, 1991; amd. Sec. 1, Ch. 421, L. 1993.
2023 Montana Code Annotated › Title 52. Family Services › Chapter 3. Adult Services › Part 3. Adult Foster Family Care (Repealed) › 52-3-311. Repealed

52-3-311. Repealed.
Sec. 15, Ch. 366, L. 1995.
History: En. Sec. 1, Ch. 102, L. 1989; Sec. 53-5-311, MCA 1989; redes. 52-3-311 by Code Commissioner, 1991.
2023 Montana Code Annotated › Title 52. Family Services › Chapter 3. Adult Services › Part 3. Adult Foster Family Care (Repealed) › 52-3-312. Repealed

52-3-312. Repealed.
Sec. 15, Ch. 366, L. 1995.
History: En. Sec. 2, Ch. 102, L. 1989; Sec. 53-5-312, MCA 1989; redes. 52-3-312 by Code Commissioner, 1991.
2023 Montana Code Annotated › Title 52. Family Services › Chapter 3. Adult Services › Part 3. Adult Foster Family Care (Repealed) › 52-3-313. Repealed

52-3-313. Repealed.
Sec. 15, Ch. 366, L. 1995.
History: En. Sec. 3, Ch. 102, L. 1989; Sec. 53-5-313, MCA 1989; redes. 52-3-313 by Code Commissioner, 1991.
2023 Montana Code Annotated › Title 52. Family Services › Chapter 3. Adult Services › Part 3. Adult Foster Family Care (Repealed) › 52-3-314. Repealed

52-3-314. Repealed.
Sec. 15, Ch. 366, L. 1995.
History: En. Sec. 4, Ch. 102, L. 1989; Sec. 53-5-314, MCA 1989; redes. 52-3-314 by Code Commissioner, 1991.
2023 Montana Code Annotated › Title 52. Family Services › Chapter 3. Adult Services › Part 4. State Plan on Aging › 52-3-401. Definitions

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.
History: En. Sec. 1, Ch. 645, L. 1983; amd. Sec. 11, Ch. 609, L. 1987; Sec. 53-5-601, MCA 1989; redes. 52-3-401 by Code Commissioner, 1991; amd. Sec. 359, Ch. 546, L. 1995; amd. Sec. 2, Ch. 17, L. 2023.
2023 Montana Code Annotated › Title 52. Family Services › Chapter 3. Adult Services › Part 4. State Plan on Aging › 52-3-402. Purpose

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.
History: En. Sec. 2, Ch. 645, L. 1983; Sec. 53-5-602, MCA 1989; redes. 52-3-402 by Code Commissioner, 1991; amd. Sec. 3, Ch. 17, L. 2023.
2023 Montana Code Annotated › Title 52. Family Services › Chapter 3. Adult Services › Part 4. State Plan on Aging › 52-3-403. Repealed

52-3-403. Repealed.
Sec. 6, Ch. 17, L. 2023.
History: En. Sec. 3, Ch. 645, L. 1983; Sec. 53-5-603, MCA 1989; redes. 52-3-403 by Code Commissioner, 1991.
2023 Montana Code Annotated › Title 52. Family Services › Chapter 3. Adult Services › Part 4. State Plan on Aging › 52-3-404. State plan on aging

52-3-404. State plan on aging.
The department may administer and develop the state plan on aging.
History: En. Sec. 4, Ch. 645, L. 1983; Sec. 53-5-604, MCA 1989; redes. 52-3-404 by Code Commissioner, 1991.
2023 Montana Code Annotated › Title 52. Family Services › Chapter 3. Adult Services › Part 4. State Plan on Aging › 52-3-405. Designation of planning and service areas

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.
History: En. Sec. 5, Ch. 645, L. 1983; Sec. 53-5-605, MCA 1989; redes. 52-3-405 by Code Commissioner, 1991; amd. Sec. 4, Ch. 17, L. 2023.
2023 Montana Code Annotated › Title 52. Family Services › Chapter 3. Adult Services › Part 4. State Plan on Aging › 52-3-406. Departmental rules

52-3-406. Departmental rules.
The department shall adopt rules to administer and implement this part.
History: En. Sec. 6, Ch. 645, L. 1983; Sec. 53-5-606, MCA 1989; redes. 52-3-406 by Code Commissioner, 1991.
2023 Montana Code Annotated › Title 52. Family Services › Chapter 3. Adult Services › Part 4. State Plan on Aging › 52-3-410. Achieving accountability

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.
History: En. Sec. 2, Ch. 320, L. 2009; amd. Sec. 5, Ch. 17, L. 2023.
2023 Montana Code Annotated › Title 52. Family Services › Chapter 3. Adult Services › Part 5. Montana Older Americans Act › 52-3-501. Short title

52-3-501. Short title.
This part may be cited as the "Montana Older Americans Act".
History: En. Sec. 1, Ch. 67, L. 1987; Sec. 53-5-701, MCA 1989; redes. 52-3-501 by Code Commissioner, 1991.
2023 Montana Code Annotated › Title 52. Family Services › Chapter 3. Adult Services › Part 5. Montana Older Americans Act › 52-3-502. Definitions

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.
History: En. Sec. 2, Ch. 67, L. 1987; amd. Sec. 64, Ch. 83, L. 1989; Sec. 53-5-702, MCA 1989; redes. 52-3-502 by Code Commissioner, 1991; amd. Sec. 360, Ch. 546, L. 1995.
2023 Montana Code Annotated › Title 52. Family Services › Chapter 3. Adult Services › Part 5. Montana Older Americans Act › 52-3-503. Purpose and policy

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.
History: En. Sec. 3, Ch. 67, L. 1987; Sec. 53-5-703, MCA 1989; redes. 52-3-503 by Code Commissioner, 1991; amd. Sec. 3, Ch. 435, L. 1999; amd. Sec. 1, Ch. 320, L. 2009.
2023 Montana Code Annotated › Title 52. Family Services › Chapter 3. Adult Services › Part 5. Montana Older Americans Act › 52-3-504. Services to be provided

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.
History: En. Sec. 4, Ch. 67, L. 1987; Sec. 53-5-704, MCA 1989; redes. 52-3-504 by Code Commissioner, 1991; amd. Sec. 4, Ch. 435, L. 1999.
2023 Montana Code Annotated › Title 52. Family Services › Chapter 3. Adult Services › Part 5. Montana Older Americans Act › 52-3-505. Role of department

52-3-505. Role of department.
The department shall develop a plan to coordinate the services identified in 52-3-504, facilitate cooperation among agencies, avoid duplication, and increase efficiency.
History: En. Sec. 5, Ch. 67, L. 1987; Sec. 53-5-705, MCA 1989; redes. 52-3-505 by Code Commissioner, 1991.
2023 Montana Code Annotated › Title 52. Family Services › Chapter 3. Adult Services › Part 5. Montana Older Americans Act › 52-3-506. Coordination with federal legislation

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.
History: En. Sec. 6, Ch. 67, L. 1987; Sec. 53-5-706, MCA 1989; redes. 52-3-506 by Code Commissioner, 1991.
2023 Montana Code Annotated › Title 52. Family Services › Chapter 3. Adult Services › Part 6. Ombudsman Services › 52-3-601. Purpose

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.
History: En. Sec. 1, Ch. 223, L. 1987; Sec. 53-5-801, MCA 1989; redes. 52-3-601 by Code Commissioner, 1991.
2023 Montana Code Annotated › Title 52. Family Services › Chapter 3. Adult Services › Part 6. Ombudsman Services › 52-3-602. Definitions

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.
History: En. Sec. 2, Ch. 223, L. 1987; Sec. 53-5-802, MCA 1989; redes. 52-3-602 by Code Commissioner, 1991; amd. Sec. 1900, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 52. Family Services › Chapter 3. Adult Services › Part 6. Ombudsman Services › 52-3-603. Office of legal and long-term care ombudsman services

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.
History: En. Sec. 3, Ch. 223, L. 1987; amd. Sec. 65, Ch. 83, L. 1989; Sec. 53-5-803, MCA 1989; redes. 52-3-603 by Code Commissioner, 1991; amd. Sec. 361, Ch. 546, L. 1995.
2023 Montana Code Annotated › Title 52. Family Services › Chapter 3. Adult Services › Part 6. Ombudsman Services › 52-3-604. Access to long-term care facilities

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.
History: En. Sec. 4, Ch. 223, L. 1987; Sec. 53-5-804, MCA 1989; redes. 52-3-604 by Code Commissioner, 1991; amd. Sec. 1, Ch. 60, L. 2007.