reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 52. Family Services › Chapter 2. Children's Services › Part 3. Multiagency Service Placement Plan › 52-2-302. Definitions

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.
History: En. Sec. 1, Ch. 324, L. 1993; amd. Sec. 2, Ch. 118, L. 2003; amd. Sec. 3, Ch. 430, L. 2009; amd. Sec. 29, Ch. 339, L. 2021.
2023 Montana Code Annotated › Title 52. Family Services › Chapter 2. Children's Services › Part 3. Multiagency Service Placement Plan › 52-2-303. Children's system of care planning committee -- membership -- administration

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.
History: En. Sec. 3, Ch. 324, L. 1993; amd. Sec. 148, Ch. 418, L. 1995; amd. Sec. 342, Ch. 546, L. 1995; amd. Sec. 3, Ch. 118, L. 2003.
2023 Montana Code Annotated › Title 52. Family Services › Chapter 2. Children's Services › Part 3. Multiagency Service Placement Plan › 52-2-308. Rulemaking

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.
History: En. Sec. 8, Ch. 324, L. 1993; amd. Sec. 5, Ch. 118, L. 2003; amd. Sec. 3, Ch. 123, L. 2007; amd. Sec. 1, Ch. 377, L. 2011.
2023 Montana Code Annotated › Title 52. Family Services › Chapter 2. Children's Services › Part 3. Multiagency Service Placement Plan › 52-2-309. Children's system of care account

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.
History: En. Sec. 1, Ch. 123, L. 2007.
2023 Montana Code Annotated › Title 52. Family Services › Chapter 2. Children's Services › Part 3. Multiagency Service Placement Plan › 52-2-311. Out-of-state placement monitoring and reporting

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.
History: En. Sec. 2, Ch. 430, L. 2009; amd. Sec. 3, Ch. 377, L. 2011; amd. Sec. 83, Ch. 261, L. 2021; amd. Sec. 1, Ch. 347, L. 2021.
2023 Montana Code Annotated › Title 52. Family Services › Chapter 2. Children's Services › Part 4. Child Adoption Agencies (Repealed) › 52-2-401. Repealed

52-2-401. Repealed.
Sec. 171, Ch. 480, L. 1997.
History: En. Sec. 1, Ch. 179, L. 1949; amd. Sec. 1, Ch. 121, L. 1974; R.C.M. 1947, 10-701; amd. Sec. 175, Ch. 575, L. 1981; amd. Sec. 91, Ch. 609, L. 1987; Sec. 53-4-401, MCA 1989; redes. 52-2-401 by Code Commissioner, 1991; amd. Sec. 343, Ch. 546, L. 1995.
2023 Montana Code Annotated › Title 52. Family Services › Chapter 2. Children's Services › Part 4. Child Adoption Agencies (Repealed) › 52-2-402. Repealed

52-2-402. Repealed.
Sec. 171, Ch. 480, L. 1997.
History: En. Sec. 2, Ch. 179, L. 1949; R.C.M. 1947, 10-702; Sec. 53-4-402, MCA 1989; redes. 52-2-402 by Code Commissioner, 1991.
2023 Montana Code Annotated › Title 52. Family Services › Chapter 2. Children's Services › Part 4. Child Adoption Agencies (Repealed) › 52-2-403. Repealed

52-2-403. Repealed.
Sec. 171, Ch. 480, L. 1997.
History: En. Sec. 3, Ch. 179, L. 1949; amd. Sec. 1, Ch. 156, L. 1957; amd. Sec. 49, Ch. 121, L. 1974; R.C.M. 1947, 10-703(part); Sec. 53-4-403, MCA 1989; redes. 52-2-403 by Code Commissioner, 1991.
2023 Montana Code Annotated › Title 52. Family Services › Chapter 2. Children's Services › Part 4. Child Adoption Agencies (Repealed) › 52-2-404. Repealed

52-2-404. Repealed.
Sec. 171, Ch. 480, L. 1997.
History: En. Sec. 3, Ch. 179, L. 1949; amd. Sec. 1, Ch. 156, L. 1957; amd. Sec. 49, Ch. 121, L. 1974; R.C.M. 1947, 10-703(part); Sec. 53-4-404, MCA 1989; redes. 52-2-404 by Code Commissioner, 1991.
2023 Montana Code Annotated › Title 52. Family Services › Chapter 2. Children's Services › Part 4. Child Adoption Agencies (Repealed) › 52-2-405. Repealed

52-2-405. Repealed.
Sec. 171, Ch. 480, L. 1997.
History: (1)En. Sec. 4, Ch. 179, L. 1949; amd. Sec. 49, Ch. 121, L. 1974; Sec. 10-704, R.C.M. 1947; (2)En. Sec. 3, Ch. 179, L. 1949; amd. Sec. 1, Ch. 156, L. 1957; amd. Sec. 49, Ch. 121, L. 1974; Sec. 10-703, R.C.M. 1947; R.C.M. 1947, 10-703(part), 10-704; Sec. 53-4-405, MCA 1989; redes. 52-2-405 by Code Commissioner, 1991.
2023 Montana Code Annotated › Title 52. Family Services › Chapter 2. Children's Services › Part 4. Child Adoption Agencies (Repealed) › 52-2-406. Repealed

52-2-406. Repealed.
Sec. 171, Ch. 480, L. 1997.
History: En. Sec. 5, Ch. 179, L. 1949; amd. Sec. 49, Ch. 121, L. 1974; R.C.M. 1947, 10-705; amd. Sec. 6, Ch. 38, L. 1979; Sec. 53-4-406, MCA 1989; redes. 52-2-406 by Code Commissioner, 1991.
2023 Montana Code Annotated › Title 52. Family Services › Chapter 2. Children's Services › Part 4. Child Adoption Agencies (Repealed) › 52-2-407. Repealed

52-2-407. Repealed.
Sec. 171, Ch. 480, L. 1997.
History: En. Sec. 6, Ch. 179, L. 1949; amd. Sec. 1, Ch. 495, L. 1975; R.C.M. 1947, 10-706; Sec. 53-4-407, MCA 1989; redes. 52-2-407 by Code Commissioner, 1991.
2023 Montana Code Annotated › Title 52. Family Services › Chapter 2. Children's Services › Part 6. Youth Residential Services › 52-2-601. Establishment of substitute care for youth

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.
History: En. Sec. 6, Ch. 465, L. 1983; amd. Sec. 11, Ch. 609, L. 1987; amd. Sec. 2, Ch. 434, L. 1989; amd. Sec. 182, Ch. 546, L. 1995; amd. Sec. 6, Ch. 550, L. 1997; Sec. 41-3-1101, MCA 1999; redes. 52-2-601 by Sec. 17(3)(d), Ch. 281, L. 2001.
2023 Montana Code Annotated › Title 52. Family Services › Chapter 2. Children's Services › Part 6. Youth Residential Services › 52-2-604. Transfer of custody to private agency -- reports

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.
History: En. 10-1227 by Sec. 27, Ch. 329, L. 1974; R.C.M. 1947, 10-1227; MCA 1981, 41-5-804; redes. 41-3-1105 by Sec. 31(4), Ch. 465, L. 1983; Sec. 41-3-1105, MCA 1999; redes. 52-2-604 by Sec. 17(3)(d), Ch. 281, L. 2001.
2023 Montana Code Annotated › Title 52. Family Services › Chapter 2. Children's Services › Part 6. Youth Residential Services › 52-2-611. Payment for support of youth in need of care, youth in need of intervention, or delinquent youth

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.
History: En. Sec. 1, Ch. 48, L. 1949; amd. Sec. 1, Ch. 194, L. 1965; amd. Sec. 1, Ch. 264, L. 1971; amd. Sec. 48, Ch. 121, L. 1974; Sec. 10-524, R.C.M. 1947; redes. 10-1320 by Sec. 14, Ch. 328, L. 1974; amd. Sec. 22, Ch. 100, L. 1977; R.C.M. 1947, 10-1320; amd. Sec. 3, Ch. 543, L. 1979; amd. Sec. 1, Ch. 297, L. 1981; amd. Sec. 11, Ch. 465, L. 1983; MCA 1981, 41-3-104; redes. 41-3-1122 by Sec. 31(4), Ch. 465, L. 1983; amd. Sec. 4, Ch. 531, L. 1985; amd. Sec. 52, Ch. 609, L. 1987; amd. Sec. 8, Ch. 561, L. 1993; amd. Sec. 17, Ch. 610, L. 1993; amd. Sec. 187, Ch. 546, L. 1995; amd. Sec. 11, Ch. 550, L. 1997; amd. Sec. 9, Ch. 571, L. 2001; Sec. 41-3-1122, MCA 1999; redes. 52-2-611 by Sec. 17(3)(d), Ch. 281, L. 2001; amd. Sec. 1, Ch. 5, L. 2023.
2023 Montana Code Annotated › Title 52. Family Services › Chapter 2. Children's Services › Part 6. Youth Residential Services › 52-2-612. Debt to state by natural or adoptive parents -- limitations

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.
History: En. Sec. 10, Ch. 609, L. 1987; Sec. 41-3-1126, MCA 1999; redes. 52-2-612 by Sec. 17(3)(d), Ch. 281, L. 2001.
2023 Montana Code Annotated › Title 52. Family Services › Chapter 2. Children's Services › Part 6. Youth Residential Services › 52-2-616. Power of nonprofit corporations to establish homes and to receive facilities and funds

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.
History: En. Sec. 18, Ch. 465, L. 1983; Sec. 41-3-1131, MCA 1999; redes. 52-2-616 by Sec. 17(3)(d), Ch. 281, L. 2001.
2023 Montana Code Annotated › Title 52. Family Services › Chapter 2. Children's Services › Part 6. Youth Residential Services › 52-2-617. Governmental contracts with nonprofit organizations

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.
History: En. Sec. 19, Ch. 465, L. 1983; amd. Sec. 188, Ch. 546, L. 1995; amd. Sec. 12, Ch. 550, L. 1997; Sec. 41-3-1132, MCA 1999; redes. 52-2-617 by Sec. 17(3)(d), Ch. 281, L. 2001.
2023 Montana Code Annotated › Title 52. Family Services › Chapter 2. Children's Services › Part 6. Youth Residential Services › 52-2-621. License required

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.
History: En. Sec. 2, Ch. 178, L. 1947; amd. Sec. 47, Ch. 121, L. 1974; Sec. 10-521, R.C.M. 1947; redes. 10-1317 by Sec. 14, Ch. 328, L. 1974; R.C.M. 1947, 10-1317; amd. Sec. 20, Ch. 465, L. 1983; MCA 1981, 41-3-502; redes. 41-3-1141 by Sec. 31(4), Ch. 465, L. 1983; amd. Sec. 10, Ch. 514, L. 1997; Sec. 41-3-1141, MCA 1999; redes. 52-2-621 by Sec. 17(3)(d), Ch. 281, L. 2001.
2023 Montana Code Annotated › Title 52. Family Services › Chapter 2. Children's Services › Part 6. Youth Residential Services › 52-2-622. Issuance of license -- authority of issuing agency -- rules

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.
History: En. Sec. 2, Ch. 178, L. 1947; amd. Sec. 47, Ch. 121, L. 1974; Sec. 10-521, R.C.M. 1947; redes. 10-1317 by Sec. 14, Ch. 328, L. 1974; R.C.M. 1947, 10-1317; amd. Sec. 21, Ch. 465, L. 1983; MCA 1981, 41-3-503; redes. 41-3-1142 by Sec. 31(4), Ch. 465, L. 1983; amd. Sec. 11, Ch. 514, L. 1997; amd. Sec. 20, Ch. 311, L. 2001; Sec. 41-3-1142, MCA 1999; redes. 52-2-622 by Sec. 17(3)(d), Ch. 281, L. 2001.
2023 Montana Code Annotated › Title 52. Family Services › Chapter 2. Children's Services › Part 6. Youth Residential Services › 52-2-623. Penalty for failure to obtain license

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.
History: En. Sec. 4, Ch. 178, L. 1947; Sec, 10-523, R.C.M. 1947; redes. 10-1319 by Sec. 14, Ch. 328, L. 1974; R.C.M. 1947, 10-1319; amd. Sec. 22, Ch. 465, L. 1983; MCA 1981, 41-3-504; redes. 41-3-1143 by Sec. 31(4), Ch. 465, L. 1983; Sec. 41-3-1143, MCA 1999; redes. 52-2-623 by Sec. 17(3)(d), Ch. 281, L. 2001.
2023 Montana Code Annotated › Title 52. Family Services › Chapter 2. Children's Services › Part 6. Youth Residential Services › 52-2-627. Respite care

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.
History: En. Sec. 2, Ch. 559, L. 1991; amd. Sec. 21, Ch. 255, L. 1995; Sec. 41-3-1151, MCA 1999; redes. 52-2-627 by Sec. 17(3)(d), Ch. 281, L. 2001.
2023 Montana Code Annotated › Title 52. Family Services › Chapter 2. Children's Services › Part 6. Youth Residential Services › 52-2-628. Respite care providers -- recruitment, training, and employment -- qualifications

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.
History: En. Sec. 3, Ch. 559, L. 1991; Sec. 41-3-1152, MCA 1999; redes. 52-2-628 by Sec. 17(3)(d), Ch. 281, L. 2001.
2023 Montana Code Annotated › Title 52. Family Services › Chapter 2. Children's Services › Part 7. Child Care › 52-2-702. Purpose -- findings

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.
History: (1)En. Sec. 1, Ch. 606, L. 1981; amd. Sec. 92, Ch. 609, L. 1987; amd. Sec. 8, Ch. 692, L. 1989; Sec. 53-4-501(1), MCA 1987; redes. 52-2-702(1) by Code Commissioner, 1989; (2)En. Sec. 2, Ch. 692, L. 1989.
2023 Montana Code Annotated › Title 52. Family Services › Chapter 2. Children's Services › Part 7. Child Care › 52-2-704. Duties of department

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.
History: (1), (2)(a) thru (2)(c), (3)En. Sec. 3, Ch. 692, L. 1989; (2)(d) thru (2)(g)En. Sec. 6, Ch. 247, L. 1965; amd. Sec. 6, Ch. 121, L. 1974; amd. Sec. 1, Ch. 293, L. 1977; R.C.M. 1947, 10-806(part); amd. Sec. 4, Ch. 606, L. 1981; Sec. 53-4-503, MCA 1987; redes. 52-2-702(2)(d) thru (2)(g) by Code Commissioner, 1989; amd. Sec. 4, Ch. 91, L. 1993; amd. Sec. 149, Ch. 418, L. 1995; amd. Sec. 349, Ch. 546, L. 1995; amd. Sec. 12, Ch. 171, L. 1997; amd. Sec. 2, Ch. 505, L. 2001.
2023 Montana Code Annotated › Title 52. Family Services › Chapter 2. Children's Services › Part 7. Child Care › 52-2-710. At-home infant care program -- definition

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.
History: En. Sec. 1, Ch. 394, L. 2003; amd. Sec. 4, Ch. 41, L. 2019.
2023 Montana Code Annotated › Title 52. Family Services › Chapter 2. Children's Services › Part 7. Child Care › 52-2-711. Resource and referral and day-care improvement grant program

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.
History: En. Sec. 5, Ch. 692, L. 1989; amd. Sec. 2, Ch. 318, L. 1997.
2023 Montana Code Annotated › Title 52. Family Services › Chapter 2. Children's Services › Part 7. Child Care › 52-2-713. Payments for eligible children

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.
History: En. 10-812 by Sec. 1, Ch. 167, L. 1975; R.C.M. 1947, 10-812; amd. Sec. 1, Ch. 662, L. 1979; amd. Sec. 15, Ch. 606, L. 1981; Sec. 53-4-514, MCA 1987; redes. 52-2-713 by Code Commissioner, 1989; amd. Sec. 1, Ch. 126, L. 2007; amd. Sec. 4, Ch. 773, L. 2023.
2023 Montana Code Annotated › Title 52. Family Services › Chapter 2. Children's Services › Part 7. Child Care › 52-2-714. Best beginnings child care scholarship program

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.
History: En. Sec. 1, Ch. 773, L. 2023.
2023 Montana Code Annotated › Title 52. Family Services › Chapter 2. Children's Services › Part 7. Child Care › 52-2-715. Family income eligibility requirements

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.
History: En. Sec. 2, Ch. 773, L. 2023.
2023 Montana Code Annotated › Title 52. Family Services › Chapter 2. Children's Services › Part 7. Child Care › 52-2-716. Copayment requirements

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.
History: En. Sec. 3, Ch. 773, L. 2023.
2023 Montana Code Annotated › Title 52. Family Services › Chapter 2. Children's Services › Part 7. Child Care › 52-2-721. License required -- registration required -- term of license or registration certificate -- no fee charged

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.
History: En. Sec. 2, Ch. 247, L. 1965; amd. Sec. 49, Ch. 121, L. 1974; R.C.M. 1947, 10-802; amd. Sec. 3, Ch. 606, L. 1981; amd. Sec. 9, Ch. 692, L. 1989; Sec. 53-4-502, MCA 1987; redes. 52-2-721 by Code Commissioner, 1989; amd. Sec. 1, Ch. 135, L. 1999; amd. Sec. 3, Ch. 505, L. 2001; amd. Sec. 1, Ch. 189, L. 2023; amd. Sec. 1, Ch. 511, L. 2023.
2023 Montana Code Annotated › Title 52. Family Services › Chapter 2. Children's Services › Part 7. Child Care › 52-2-722. Application for a license or registration certificate

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.
History: En. Sec. 6, Ch. 247, L. 1965; amd. Sec. 6, Ch. 121, L. 1974; amd. Sec. 1, Ch. 293, L. 1977; R.C.M. 1947, 10-806(part); amd. Sec. 8, Ch. 606, L. 1981; amd. Sec. 10, Ch. 692, L. 1989; Sec. 53-4-507, MCA 1987; redes. 52-2-722 by Code Commissioner, 1989.
2023 Montana Code Annotated › Title 52. Family Services › Chapter 2. Children's Services › Part 7. Child Care › 52-2-723. Requirements for licensure

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.
History: (1)En. Sec. 6, Ch. 247, L. 1965; amd. Sec. 6, Ch. 121, L. 1974; amd. Sec. 1, Ch. 293, L. 1977; Sec. 10-806, R.C.M. 1947; (2)En. Sec. 9, Ch. 247, L. 1965; amd. Sec. 49, Ch. 121, L. 1974; Sec. 10-809, R.C.M. 1947; R.C.M. 1947, 10-806(part), 10-809(part); amd. Sec. 9, Ch. 606, L. 1981; Sec. 53-4-508, MCA 1987; redes. 52-2-723 by Code Commissioner, 1989; amd. Sec. 1899, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 52. Family Services › Chapter 2. Children's Services › Part 7. Child Care › 52-2-724. Provisional license -- provisional registration certificate

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.
History: En. Sec. 7, Ch. 247, L. 1965; amd. Sec. 7, Ch. 121, L. 1974; R.C.M. 1947, 10-807; amd. Sec. 9, Ch. 38, L. 1979; amd. Sec. 10, Ch. 606, L. 1981; Sec. 53-4-509, MCA 1987; redes. 52-2-724 by Code Commissioner, 1989.
2023 Montana Code Annotated › Title 52. Family Services › Chapter 2. Children's Services › Part 7. Child Care › 52-2-725. Renewal license -- registration certificate

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.
History: En. Sec. 8, Ch. 247, L. 1965; amd. Sec. 49, Ch. 121, L. 1974; R.C.M. 1947, 10-808; amd. Sec. 11, Ch. 606, L. 1981; Sec. 53-4-510, MCA 1987; redes. 52-2-725 by Code Commissioner, 1989.
2023 Montana Code Annotated › Title 52. Family Services › Chapter 2. Children's Services › Part 7. Child Care › 52-2-726. Denial, cancellation, reduction, revocation, and nonrenewal of licenses and registration certificates -- fair hearing

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.
History: En. Sec. 10, Ch. 247, L. 1965; amd. Sec. 8, Ch. 121, L. 1974; R.C.M. 1947, 10-810; amd. Sec. 14, Ch. 606, L. 1981; Sec. 53-4-513, MCA 1987; redes. 52-2-726 by Code Commissioner, 1989.
2023 Montana Code Annotated › Title 52. Family Services › Chapter 2. Children's Services › Part 7. Child Care › 52-2-731. Standards for day care

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.
History: En. Sec. 3, Ch. 247, L. 1965; amd. Sec. 3, Ch. 121, L. 1974; R.C.M. 1947, 10-803; amd. Sec. 5, Ch. 606, L. 1981; Sec. 53-4-504, MCA 1987; redes. 52-2-731 by Code Commissioner, 1989; amd. Sec. 150, Ch. 418, L. 1995; amd. Sec. 350, Ch. 546, L. 1995.
2023 Montana Code Annotated › Title 52. Family Services › Chapter 2. Children's Services › Part 7. Child Care › 52-2-732. Licensees or registrants to maintain records, furnish reports, and permit inspections

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.
History: En. Sec. 9, Ch. 247, L. 1965; amd. Sec. 49, Ch. 121, L. 1974; R.C.M. 1947, 10-809(part); amd. Sec. 13, Ch. 606, L. 1981; Sec. 53-4-512, MCA 1987; redes. 52-2-732 by Code Commissioner, 1989.