reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 79. Nuclear Regulation › Part 2. Control of Radioactive Substances › 50-79-201. State radiation control agency

50-79-201. State radiation control agency.
(1) The department is the state radiation control agency.
(2) Under the laws of this state, the department may employ, compensate, and prescribe the powers and duties of the individuals that are necessary to carry out this chapter.
(3) The department may, subject to the provisions of 50-79-410, for the protection of the occupational and public health and safety:
(a) develop and conduct programs for evaluation and control of hazards associated with the use of sources of ionizing radiation;
(b) develop programs and adopt rules with due regard for compatibility with federal programs for licensing and regulation of byproduct, source, radioactive waste, and special nuclear materials and other radioactive materials. These rules must cover equipment and facilities, methods for transporting, handling, and storage of radioactive materials, permissible levels of exposure, technical qualifications of personnel, required notification of accidents and other incidents involving radioactive materials, survey methods and results, methods of disposal of radioactive materials, posting and labeling of areas and sources, and methods and effectiveness of controlling individuals in posted and restricted areas.
(c) adopt rules relating to control of other sources of ionizing radiation. These rules must cover equipment and facilities, permissible levels of exposure to personnel, posting of areas, surveys, and records.
(d) advise, consult, and cooperate with other agencies of the state, the federal government, other states, interstate agencies, political subdivisions, and groups concerned with control of sources of ionizing radiation;
(e) accept and administer loans, grants, or other funds or gifts, conditional or otherwise, in furtherance of its functions, from the federal government and from other sources, public or private;
(f) encourage, participate in, or conduct studies, investigations, training, research, and demonstrations relating to control of sources of ionizing radiation;
(g) collect and disseminate information relating to control of sources of ionizing radiation, including:
(i) maintenance of a file of all license applications, issuances, denials, amendments, transfers, renewals, modifications, suspensions, and revocations;
(ii) maintenance of a file of registrants possessing sources of ionizing radiation requiring registration under this chapter and any administrative or judicial action pertaining to this chapter;
(iii) maintenance of a file of all rules relating to regulation of sources of ionizing radiation, pending or adopted, and proceedings.
History: En. Sec. 4, Ch. 108, L. 1967; amd. Sec. 83, Ch. 349, L. 1974; R.C.M. 1947, 69-5804; amd. Sec. 10, Ch. 471, L. 1995; Sec. 75-3-201, MCA 1995; redes. 50-79-201 by Sec. 13, Ch. 73, L. 1997.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 79. Nuclear Regulation › Part 2. Control of Radioactive Substances › 50-79-202. Licensing and registration

50-79-202. Licensing and registration.
(1) The department may provide by rule for general or specific licensing of persons to receive, possess, or transfer radioactive materials and devices or equipment utilizing such materials. The rules shall provide for amendment, suspension, or revocation of licenses pursuant to 50-79-401 and 50-79-403.
(2) Each application for a specific license shall be in writing and shall state such information as the department by rule may determine to be necessary to decide the technical, insurance, and financial qualifications or any other qualification of the applicant as the department considers reasonable and necessary to protect the occupational and public health and safety. The department may, at any time after the filing of the application and before the expiration of the license, require further written statements and may make such inspections as the department considers necessary in order to determine whether the license should be granted, denied, modified, suspended, or revoked. All applications and statements shall be signed by the applicant or licensee. The department may require an application or statement to be made under oath or affirmation.
(3) Each license shall be in such form and contain such terms and conditions as the department may by rule prescribe.
(4) No license issued pursuant to the provisions of this chapter and no right to possess or utilize sources of ionizing radiation granted by any license may be assigned or in any manner disposed of.
(5) The terms and conditions of all licenses shall be subject to amendment, revision, or modification by rules or orders issued in accordance with the provisions of this chapter.
(6) The department may require registration and inspection of persons dealing with sources of ionizing radiation which do not require a specific license and may require compliance with specific safety standards to be promulgated by the department.
(7) The department is authorized to exempt certain users from the licensing or registration requirements set forth in this section when the department makes a finding that the exemption of the users will not constitute a significant risk to the health and safety of the public.
(8) Rules promulgated pursuant to this chapter may provide for recognition of such other state or federal licenses as the department considers desirable, subject to such registration requirements as the department prescribes.
History: En. Sec. 6, Ch. 108, L. 1967; amd. Sec. 107, Ch. 349, L. 1975; amd. Sec. 17, Ch. 140, L. 1977; R.C.M. 1947, 69-5806(1) thru (7), (9); amd. Sec. 1, Ch. 574, L. 1983; Sec. 75-3-202, MCA 1995; redes. 50-79-202 by Sec. 13, Ch. 73, L. 1997.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 79. Nuclear Regulation › Part 2. Control of Radioactive Substances › 50-79-203. Federal-state agreements

50-79-203. Federal-state agreements.
(1) The governor, on behalf of this state, is authorized to enter into agreements with the federal government providing for discontinuance of certain of the federal government's responsibilities with respect to sources of ionizing radiation and the assumption thereof by this state.
(2) Any person who, on the effective date of an agreement under subsection (1) of this section, possesses a license issued by the federal government shall be deemed to possess the same pursuant to this chapter, which shall expire either 90 days after receipt from the department of a notice of expiration of such license or on the date of expiration specified in the federal license, whichever is earlier.
History: En. Sec. 9, Ch. 108, L. 1967; amd. Sec. 107, Ch. 349, L. 1974; R.C.M. 1947, 69-5809; Sec. 75-3-203, MCA 1995; redes. 50-79-203 by Sec. 13, Ch. 73, L. 1997.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 79. Nuclear Regulation › Part 2. Control of Radioactive Substances › 50-79-204. Records

50-79-204. Records.
(1) The department shall require each person who acquires, possesses, or uses a source of ionizing radiation to maintain records relating to its receipt, storage, transfer, or disposal and such other records as the department may require, subject to such exemptions as may be provided by rules.
(2) The department shall require each person who acquires, possesses, or uses a source of ionizing radiation to maintain appropriate records showing the radiation exposure of all individuals for whom personnel monitoring is required by rules of the department. Copies of these records and those required to be kept by subsection (1) of this section shall be submitted to the department on request.
(3) The department shall adopt reasonable regulations, compatible with those of the United States nuclear regulatory commission or the national committee on radiation protection, pertaining to reports of exposure of personnel to radiation. The regulations shall require that reports of excessive exposure be made to the individual exposed and to the department and shall make provision for periodic and terminal reports to individuals for whom personnel monitoring is required.
History: En. Sec. 8, Ch. 108, L. 1967; amd. Sec. 107, Ch. 349, L. 1974; R.C.M. 1947, 69-5808(1) thru (3); amd. Sec. 3, Ch. 68, L. 1979; Sec. 75-3-204, MCA 1995; redes. 50-79-204 by Sec. 13, Ch. 73, L. 1997.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 79. Nuclear Regulation › Part 3. Disposal of Large Quantities of Radioactive Material › 50-79-301. Definition

50-79-301. Definition.
Notwithstanding the definition in 50-79-103, as used in this part "person" means any individual, group, firm, partnership, corporation, cooperative, association, government subdivision, government agency, local government, or other organization or entity.
History: En. 69-5817 by Sec. 1, Ch. 68, L. 1977; R.C.M. 1947, 69-5817; amd. Sec. 4, Ch. 68, L. 1979; Sec. 75-3-301, MCA 1995; redes. 50-79-301 by Sec. 13, Ch. 73, L. 1997.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 79. Nuclear Regulation › Part 3. Disposal of Large Quantities of Radioactive Material › 50-79-302. Disposal of large quantities of radioactive material prohibited -- exceptions and exclusion

50-79-302. Disposal of large quantities of radioactive material prohibited -- exceptions and exclusion.
(1) No person may dispose of large quantity radioactive material, byproduct material, or special nuclear material within the state of Montana.
(2) Byproduct material (except large quantity radioactive material) possessed, used, and transported for educational purposes, scientific research and development, medical research, diagnosis, and treatment, geophysical surveying, and similar uses licensed by the United States nuclear regulatory commission shall be excepted from this part, provided that such material is being or has been lawfully disposed of within Montana upon the effective date of this Act.
(3) Nothing in this part precludes the construction of a nuclear facility approved under the requirements of the Montana Major Facility Siting Act, or the mining of any raw ore, provided that such activity is not inconsistent with this part.
History: En. 69-5818, 69-5819, 69-5821 by Secs. 2, 3, 5, Ch. 68, L. 1977; R.C.M. 1947, 69-5818, 69-5819, 69-5821; amd. Sec. 3, I.M. No. 84, approved Nov. 4, 1980; Sec. 75-3-302, MCA 1995; redes. 50-79-302 by Sec. 13, Ch. 73, L. 1997.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 79. Nuclear Regulation › Part 3. Disposal of Large Quantities of Radioactive Material › 50-79-303. Penalty

50-79-303. Penalty.
A person who knowingly or purposely disposes of large quantity radioactive material, byproduct material, or special nuclear material within Montana shall be fined an amount not more than $5,000 or be imprisoned for not more than two years, or both, for each offense. A person who negligently disposes of large quantity radioactive material, byproduct material, or special nuclear material within Montana shall be fined not more than $1,000 for each offense. In this part, each day of violation constitutes a separate offense.
History: En. 69-5820 by Sec. 4, Ch. 68, L. 1977; R.C.M. 1947, 69-5820; amd. Sec. 4, I.M. No. 84, approved Nov. 4, 1980; Sec. 75-3-303, MCA 1995; redes. 50-79-303 by Sec. 13, Ch. 73, L. 1997.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 79. Nuclear Regulation › Part 3. Disposal of Large Quantities of Radioactive Material › 50-79-304. Policy

50-79-304. Policy.
It is the policy of the state of Montana, in furtherance of its responsibility to protect the public health and safety, under the police powers of the state and for protection of the constitutional right to a healthy environment, to prohibit the disposal of certain radioactive material.
History: En. Sec. 1, I.M. No. 84, approved Nov. 4, 1980; Sec. 75-3-304, MCA 1995; redes. 50-79-304 by Sec. 13, Ch. 73, L. 1997.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 79. Nuclear Regulation › Part 4. Enforcement, Appeal, and Penalties › 50-79-401. Administrative hearings

50-79-401. Administrative hearings.
In a proceeding under this chapter for granting, suspending, revoking, or amending a license or for determining compliance with or granting exceptions from rules adopted under this chapter, the board of environmental review shall first afford an opportunity for a hearing on the record upon the request of a person whose interest may be affected by the proceeding and shall admit the person as a party to the proceeding.
History: En. Sec. 12, Ch. 108, L. 1967; amd. Sec. 84, Ch. 349, L. 1974; R.C.M. 1947, 69-5812(1); amd. Sec. 181, Ch. 418, L. 1995; Sec. 75-3-401, MCA 1995; redes. 50-79-401 by Sec. 13, Ch. 73, L. 1997.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 79. Nuclear Regulation › Part 4. Enforcement, Appeal, and Penalties › 50-79-402. Emergency impoundment of materials

50-79-402. Emergency impoundment of materials.
The department shall have the authority in the event of an emergency to impound or order the impounding of sources of ionizing radiation in the possession of any person who is not equipped to observe or who fails to observe the provisions of this chapter or any rules promulgated hereunder.
History: En. Sec. 14, Ch. 108, L. 1967; amd. Sec. 107, Ch. 349, L. 1974; R.C.M. 1947, 69-5814; Sec. 75-3-402, MCA 1995; redes. 50-79-402 by Sec. 13, Ch. 73, L. 1997.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 79. Nuclear Regulation › Part 4. Enforcement, Appeal, and Penalties › 50-79-403. Emergency orders and rules

50-79-403. Emergency orders and rules.
When the department finds that an emergency exists requiring immediate action to protect the public health and safety, the department may, without notice or hearing, issue a rule or order reciting the existence of the emergency and requiring that such action be taken as considered necessary to meet the emergency. Notwithstanding any provision of this chapter to the contrary, the rule or order is effective immediately. A person to whom the rule or order is directed shall comply with it immediately but on application to the board shall be afforded a prompt hearing. On the basis of the hearing the emergency rule or order shall be continued, modified, or revoked by the board within 30 days after the hearing or when the emergency no longer exists.
History: En. Sec. 12, Ch. 108, L. 1967; amd. Sec. 84, Ch. 349, L. 1974; R.C.M. 1947, 69-5812(2); Sec. 75-3-403, MCA 1995; redes. 50-79-403 by Sec. 13, Ch. 73, L. 1997.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 79. Nuclear Regulation › Part 4. Enforcement, Appeal, and Penalties › 50-79-404. Prohibited activity

50-79-404. Prohibited activity.
(1) No person shall acquire, own, possess, or use any radioactive byproduct material, source material, special nuclear materials, or other radioactive materials, occurring naturally or produced artificially, without having been granted a license therefor from the department or transfer to another or dispose of said materials without first having been granted approval of the department therefor in accordance with the administrative rules of the department.
(2) It shall be unlawful for any person to use, manufacture, produce, or knowingly transport, transfer, receive, acquire, own, or possess any source of ionizing radiation unless such person is licensed by or registered with the department in accordance with the provisions of this chapter and rules issued hereunder.
History: (1)En. Sec. 16, Ch. 108, L. 1967; amd. Sec. 107, Ch. 349, L. 1974; Sec. 69-5816, R.C.M. 1947; (2)En. Sec. 13, Ch. 108, L. 1967; amd. Sec. 107, Ch. 349, L. 1974; Sec. 69-5813, R.C.M. 1947; R.C.M. 1947, 69-5813, 69-5816(part); Sec. 75-3-404, MCA 1995; redes. 50-79-404 by Sec. 13, Ch. 73, L. 1997.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 79. Nuclear Regulation › Part 4. Enforcement, Appeal, and Penalties › 50-79-405. Penalty

50-79-405. Penalty.
A person who violates 50-79-404 is guilty of a misdemeanor punishable by a fine of not less than $100 and not more than $1,000 or by confinement in the county jail of not less than 30 days and not more than 90 days or by both.
History: En. Sec. 16, Ch. 108, L. 1967; amd. Sec. 107, Ch. 349, L. 1974; R.C.M. 1947, 69-5816(part); amd. Sec. 5, Ch. 68, L. 1979; Sec. 75-3-405, MCA 1995; redes. 50-79-405 by Sec. 13, Ch. 73, L. 1997.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 79. Nuclear Regulation › Part 4. Enforcement, Appeal, and Penalties › 50-79-406. Injunctions

50-79-406. Injunctions.
The department may maintain an action in the district court to enjoin a continuance of an act in violation of this chapter or of a rule or order issued under this chapter. If the court finds that the defendant is violating or has violated any of the provisions of this chapter or any rule or order issued under this chapter, it shall enjoin the defendant from a continuance thereof.
History: En. Sec. 1, Ch. 323, L. 1989; Sec. 75-3-406, MCA 1995; redes. 50-79-406 by Sec. 13, Ch. 73, L. 1997.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 79. Nuclear Regulation › Part 4. Enforcement, Appeal, and Penalties › 50-79-407. Civil penalties -- deposit in general fund -- injunctions not barred

50-79-407. Civil penalties -- deposit in general fund -- injunctions not barred.
(1) A person who violates this chapter or a rule or order issued under this chapter is subject to a civil penalty not to exceed $5,000 for each violation. For purposes of this section, each day of a violation is a separate violation.
(2) The department shall initiate civil proceedings in district court to recover a penalty under subsection (1).
(3) Civil penalties collected under this section must be deposited in the general fund.
(4) An action under this section does not bar enforcement of this chapter or of rules or orders issued under it by injunction or other appropriate remedy.
History: En. Sec. 2, Ch. 323, L. 1989; Sec. 75-3-407, MCA 1995; redes. 50-79-407 by Sec. 13, Ch. 73, L. 1997.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 79. Nuclear Regulation › Part 4. Enforcement, Appeal, and Penalties › 50-79-410. State regulations no more stringent than federal regulations or guidelines

50-79-410. State regulations no more stringent than federal regulations or guidelines.
(1) After April 14, 1995, except as provided in subsections (2) through (5) or unless required by state law, the department may not adopt a rule to implement this chapter that is more stringent than the comparable federal regulations or guidelines that address the same circumstances. The department may incorporate by reference comparable federal regulations or guidelines.
(2) The department may adopt a rule to implement this chapter that is more stringent than comparable federal regulations or guidelines only if the department makes a written finding after a public hearing and public comment and based on evidence in the record that:
(a) the proposed state standard or requirement protects public health or the environment of the state; and
(b) the state standard or requirement to be imposed can mitigate harm to the public health or environment and is achievable under current technology.
(3) The written finding must reference information and peer-reviewed scientific studies contained in the record that forms the basis for the department's conclusion. The written finding must also include information from the hearing record regarding the costs to the regulated community that are directly attributable to the proposed state standard or requirement.
(4) (a) A person affected by a rule of the department adopted after January 1, 1990, and before April 14, 1995, that that person believes to be more stringent than comparable federal regulations or guidelines may petition the department to review the rule. If the department determines that the rule is more stringent than comparable federal regulations or guidelines, the department shall comply with this section by either revising the rule to conform to the federal regulations or guidelines or by making the written finding, as provided under subsection (2), within a reasonable period of time, not to exceed 12 months after receiving the petition. A petition under this section does not relieve the petitioner of the duty to comply with the challenged rule. The department may charge a petition filing fee in an amount not to exceed $250.
(b) A person may also petition the department for a rule review under subsection (4)(a) if the department adopts a rule after January 1, 1990, in an area in which no federal regulations or guidelines existed and the federal government subsequently establishes comparable regulations or guidelines that are less stringent than the previously adopted department rule.
(5) This section does not apply to a rule adopted under the emergency rulemaking provisions of 2-4-303(1).
History: En. Sec. 3, Ch. 471, L. 1995; Sec. 75-3-410, MCA 1995; redes. 50-79-410 by Sec. 13, Ch. 73, L. 1997.
2023 Montana Code Annotated › Title 50. Health and Safety › Chapter 79. Nuclear Regulation › Part 5. Northwest Interstate Compact on Low-Level Radioactive Waste Management › 50-79-502. Administration of compact -- fees

50-79-502. Administration of compact -- fees.
(1) The department of public health and human services, as the state radiation control agency, shall administer the provisions of the compact.
(2) The department may assess and collect fees for services rendered in inspecting and regulating low-level radioactive waste generators, transporters, and disposal facilities. The fees must cover the department's costs for those services and must be deposited in the state special revenue fund for use by the department. State and local government agencies, including the university system, are exempt from the payment of fees.
(3) The department may adopt rules under the authority contained in 50-79-201(3)(b) to implement the provisions of this compact.
History: En. Sec. 2, Ch. 242, L. 1983; amd. Sec. 48, Ch. 281, L. 1983; amd. Sec. 182, Ch. 418, L. 1995; amd. Sec. 7, Ch. 73, L. 1997; Sec. 75-3-502, MCA 1995; redes. 50-79-502 by Sec. 13, Ch. 73, L. 1997.
2023 Montana Code Annotated › Title 52. Family Services › Chapter 1. Administration › Part 1. General › 52-1-101. Purpose

52-1-101. Purpose.
It is the public policy of the legislature to reduce duplication and fragmentation of services to youth, families, and senior citizens by creating a department that shall develop and maintain consolidated programs and services, except youth correctional services, within available resources, and a planned continuum of services to:
(1) provide protective services to ensure the health, welfare, and safety of children and adults who are in danger of abuse, neglect, or exploitation within communities; and
(2) provide supportive services to enable senior citizens to maintain their independence.
History: En. Sec. 3, Ch. 609, L. 1987; amd. Sec. 333, Ch. 546, L. 1995.
2023 Montana Code Annotated › Title 52. Family Services › Chapter 1. Administration › Part 1. General › 52-1-102. Definitions

52-1-102. Definitions.
Unless the context requires otherwise, in this title, the following definitions apply:
(1) "Department" means the department of public health and human services provided for in 2-15-2201.
(2) "Director" means the director of public health and human services provided for in 2-15-2201.
History: En. Sec. 4, Ch. 609, L. 1987; amd. Sec. 334, Ch. 546, L. 1995.
2023 Montana Code Annotated › Title 52. Family Services › Chapter 1. Administration › Part 1. General › 52-1-103. Powers and duties of department

52-1-103. Powers and duties of department.
The department shall:
(1) administer and supervise all forms of child and adult protective services;
(2) act as the lead agency in coordinating and planning services to children with multiagency service needs;
(3) establish a system of councils at the state and local levels to make recommendations and to advise the department on issues, including children's issues;
(4) provide the following functions, as necessary, for youth in need of care:
(a) intake, investigation, case management, and client supervision;
(b) placement in youth care facilities;
(c) contracting for necessary services;
(d) protective services day care; and
(e) adoption;
(5) register or license youth care facilities, child-placing agencies, day-care facilities, community homes for persons with developmental disabilities, community homes for severely disabled persons, and adult foster care facilities;
(6) act as lead agency in implementing and coordinating child-care programs and services under the Montana Child Care Act;
(7) administer the Interstate Compact for the Placement of Children;
(8) (a) administer child abuse prevention services funded through child abuse grants and the Montana children's trust fund provided for in Title 52, chapter 7, part 1; and
(b) administer vulnerable adult abuse prevention services;
(9) develop a statewide youth services and resources plan that takes into consideration local needs;
(10) administer services to older adults;
(11) provide consultant services to:
(a) facilities providing care for adults who are needy, indigent, or dependent or who have disabilities; and
(b) youth care facilities;
(12) use the staff and services of other state agencies and units of the Montana university system, within their respective statutory functions, to carry out its functions under this title;
(13) contract, as necessary, for administration of child and adult protection services for each county; and
(14) adopt rules necessary to carry out the purposes of 52-2-612 and this chapter.
History: En. Sec. 5, Ch. 609, L. 1987; amd. Sec. 61, Ch. 83, L. 1989; amd. Sec. 7, Ch. 692, L. 1989; amd. Sec. 8, Ch. 655, L. 1991; amd. Sec. 1, Ch. 91, L. 1993; amd. Sec. 21, Ch. 255, L. 1995; amd. Sec. 22, Ch. 458, L. 1995; amd. Sec. 335, Ch. 546, L. 1995; amd. Sec. 11, Ch. 171, L. 1997; amd. Sec. 49, Ch. 472, L. 1997; amd. Sec. 10, Ch. 571, L. 2001; amd. Sec. 102, Ch. 114, L. 2003; amd. Sec. 10, Ch. 12, L. 2023; amd. Sec. 1, Ch. 17, L. 2023.
2023 Montana Code Annotated › Title 52. Family Services › Chapter 1. Administration › Part 1. General › 52-1-104. Department authorized to provide and set standards for supplementary payments

52-1-104. Department authorized to provide and set standards for supplementary payments.
(1) Except as provided in this section, the department may provide supplementary payments from state funds to recipients of supplemental security income for the aged, blind, or disabled under Title XVI of the Social Security Act of the United States or any future amendments to that act.
(2) The department may establish standards of assistance and apply them uniformly throughout the state and may determine individuals eligible for and the amount of supplementary payments under federal and state guidelines.
(3) The department may not provide supplementary payments under subsection (1) for persons who are residents of category B assisted living facilities licensed pursuant to 50-5-227.
History: (1)En. 71-210.2 by Sec. 1, Ch. 358, L. 1974; Sec. 71-210.2, R.C.M. 1947; (2)En. 71-210.3 by Sec. 2, Ch. 358, L. 1974; Sec. 71-210.3, R.C.M. 1947; R.C.M. 1947, 71-210.2, 71-210.3; Sec. 53-2-204, MCA 1985; redes. 52-1-104 by Sec. 114, Ch. 609, L. 1987; amd. Sec. 5, Ch. 590, L. 1993; amd. Sec. 8, Ch. 54, L. 2003.
2023 Montana Code Annotated › Title 52. Family Services › Chapter 1. Administration › Part 1. General › 52-1-110. Repealed

52-1-110. Repealed.
Sec. 253, Ch. 574, L. 2001.
History: En. Sec. 14, Ch. 609, L. 1987; amd. Sec. 9, Ch. 561, L. 1993; amd. Sec. 1, Ch. 443, L. 1995; amd. Sec. 336, Ch. 546, L. 1995.
2023 Montana Code Annotated › Title 52. Family Services › Chapter 1. Administration › Part 2. Local Service Areas › 52-1-201. Local service areas

52-1-201. Local service areas.
The department shall organize its field offices into local service areas. The director shall take into consideration geographic boundaries used by local governments, judicial districts, and service agencies when creating local service areas.
History: En. Sec. 6, Ch. 609, L. 1987.
2023 Montana Code Annotated › Title 52. Family Services › Chapter 1. Administration › Part 2. Local Service Areas › 52-1-202. Repealed

52-1-202. Repealed.
Sec. 16, Ch. 171, L. 1997.
History: En. Sec. 7, Ch. 609, L. 1987; amd. Sec. 2, Ch. 91, L. 1993.
2023 Montana Code Annotated › Title 52. Family Services › Chapter 1. Administration › Part 2. Local Service Areas › 52-1-203. Repealed

52-1-203. Repealed.
Sec. 16, Ch. 171, L. 1997.
History: En. Sec. 8, Ch. 609, L. 1987; amd. Sec. 3, Ch. 91, L. 1993.
2023 Montana Code Annotated › Title 52. Family Services › Chapter 2. Children's Services › Part 1. Child Welfare Services › 52-2-101. Definitions

52-2-101. Definitions.
As used in this part, the following definitions apply:
(1) "Child welfare services" means the establishing, extending, and strengthening of child welfare services, especially in predominantly rural areas, for the protection and care of abused or neglected children.
(2) "Department" means the department of public health and human services provided for in 2-15-2201.
History: (1), (2)En. Sec. 2, Part 6, Ch. 82, L. 1937; amd. Sec. 25, Ch. 264, L. 1955; amd. Sec. 49, Ch. 121, L. 1974; Sec. 71-706, R.C.M. 1947; (3), (4)En. 71-201.1 by Sec. 19, Ch. 121, L. 1974; Sec. 71-201.1, R.C.M. 1947; R.C.M. 1947, 71-201.1, 71-706; amd. Sec. 2, Ch. 447, L. 1987; amd. Sec. 87, Ch. 609, L. 1987; Sec. 53-4-101, MCA 1989; redes. 52-2-101 by Code Commissioner, 1991; amd. Sec. 9, Ch. 249, L. 1991; amd. Sec. 6, Ch. 356, L. 1993; amd. Sec. 56, Ch. 18, L. 1995; amd. Sec. 23, Ch. 458, L. 1995; amd. Sec. 337, Ch. 546, L. 1995.
2023 Montana Code Annotated › Title 52. Family Services › Chapter 2. Children's Services › Part 1. Child Welfare Services › 52-2-102. Recognition of parental control of children -- placement with extended family

52-2-102. Recognition of parental control of children -- placement with extended family.
This title may not be construed as authorizing any state or county official, agent, or representative, in carrying out any of the provisions of this title, to take charge of any child over the objection of either of the parents of the child or the person standing in loco parentis to the child, except pursuant to a proper court order. When it is necessary to take charge of a child pursuant to a court order, the department shall, when it is in the best interests of the child and when the home is approved by the department, place the child with the child's extended family, including adult siblings, grandparents, great-grandparents, aunts, and uncles, prior to placing the child in an alternative protective or residential facility.
History: En. Subd. (k) and (l), Sec. 4, Part 6, Ch. 82, L. 1937; R.C.M; 1947, 71-713(part); Sec. 53-4-102, MCA 1989; redes. 52-2-102 by Code Commissioner, 1991; amd. Sec. 2, Ch. 494, L. 1995.
2023 Montana Code Annotated › Title 52. Family Services › Chapter 2. Children's Services › Part 1. Child Welfare Services › 52-2-110. Department to oversee federal funds supporting legal services for children

52-2-110. Department to oversee federal funds supporting legal services for children.
(1) The department shall leverage and maximize federal resources under Title IV-E of the Social Security Act to support the provision of quality legal representation to children in proceedings under Title 41, chapter 3.
(2) The department shall enter into an agreement with the office of state public defender to obtain federal reimbursement funds under Title IV-E of the Social Security Act for the provision of legal counsel to children in proceedings under Title 41, chapter 3.
History: En. Sec. 3, Ch. 207, L. 2023.
2023 Montana Code Annotated › Title 52. Family Services › Chapter 2. Children's Services › Part 1. Child Welfare Services › 52-2-111. Administrative duties of department

52-2-111. Administrative duties of department.
(1) Subject to the authority and regulations of the department and in cooperation with the federal government, the department shall:
(a) adopt rules necessary to carry out the purposes of this part; and
(b) administer or supervise all child welfare services of the state.
(2) The department division responsible for administering child welfare services shall require all employees hired as district supervisors or supervisors of field staff to complete annual child welfare supervisory training.
(3) The annual child welfare supervisory training may be made available to qualifying child protection specialists who demonstrate an interest and aptitude in becoming a supervisor in the child protection system.
History: En. Subd. (a), (b), (c), (d), Sec. 4, Part 6, Ch. 82, L. 1937; Subd. (a) rep. Sec. 10, Ch. 117, L. 1941; amd. Sec. 31, Ch. 121, L. 1974; R.C.M. 1947, 71-708; amd. Sec. 88, Ch. 609, L. 1987; Sec. 53-4-111, MCA 1989; redes. 52-2-111 by Code Commissioner, 1991; amd. Sec. 146, Ch. 418, L. 1995; amd. Sec. 338, Ch. 546, L. 1995; amd. Sec. 1, Ch. 356, L. 2021.
2023 Montana Code Annotated › Title 52. Family Services › Chapter 2. Children's Services › Part 1. Child Welfare Services › 52-2-112. Duty to strengthen child welfare services

52-2-112. Duty to strengthen child welfare services.
The department shall make provision for establishing and strengthening child welfare services, including protective services, and for care of children in registered or licensed family foster homes, child-care agencies, group homes, or treatment facilities. Payment provided under this section is made under the provisions of 41-3-115 and 52-2-611.
History: En. Subd. (e), Sec. 4, Part 6, Ch. 82, L. 1937; amd. Sec. 19, Ch. 129, L. 1939; amd. Sec. 32, Ch. 121, L. 1974; R.C.M. 1947, 71-709; amd. Sec. 5, Ch. 297, L. 1981; amd. Sec. 31, Ch. 465, L. 1983; Sec. 53-4-112, MCA 1989; redes. 52-2-112 by Code Commissioner, 1991; amd. Sec. 24, Ch. 458, L. 1995.
2023 Montana Code Annotated › Title 52. Family Services › Chapter 2. Children's Services › Part 1. Child Welfare Services › 52-2-113. Child rehabilitation -- duties of department

52-2-113. Child rehabilitation -- duties of department.
The department shall:
(1) enforce all laws pertaining to children and take the initiative in all matters involving the interest of abused or neglected children;
(2) use funds allocated or appropriated to the department for the purpose of providing for the special medical or material needs of children with developmental disabilities or children with physical disabilities who are eligible for department programs;
(3) cooperate for the purposes of this part with all reputable child-helping and child-placing agencies; and
(4) inspect and register or license youth care facilities, child-placing agencies, and adoption agencies.
History: En. Subd. (f), (g), (h), Sec. 4, Part 6, Ch. 82, L. 1937; amd. Sec. 9, Ch. 117, L. 1941; amd. Sec. 27, Ch. 264, L. 1955; amd. Sec. 35, Ch. 37, L. 1977; R.C.M. 1947, 71-710; amd. Sec. 1, Ch. 398, L. 1987; amd. Sec. 89, Ch. 609, L. 1987; Sec. 53-4-113, MCA 1989; redes. 52-2-113 by Code Commissioner, 1991; amd. Sec. 21, Ch. 255, L. 1995; amd. Sec. 25, Ch. 458, L. 1995; amd. Sec. 50, Ch. 472, L. 1997.
2023 Montana Code Annotated › Title 52. Family Services › Chapter 2. Children's Services › Part 1. Child Welfare Services › 52-2-114. Department to supervise importation and exportation of children

52-2-114. Department to supervise importation and exportation of children.
The department shall supervise the importation and exportation of children.
History: En. Subd. (i), Sec. 4, Part 6, Ch. 82, L. 1937; R.C.M. 1947, 71-711; Sec. 53-4-114, MCA 1989; redes. 52-2-114 by Code Commissioner, 1991.
2023 Montana Code Annotated › Title 52. Family Services › Chapter 2. Children's Services › Part 1. Child Welfare Services › 52-2-115. Department to accept custody of children

52-2-115. Department to accept custody of children.
The department shall accept the physical custody of children transferred to the physical or legal custody of the department by the district court pursuant to the provisions of Title 41, chapter 3, and arrange for their care.
History: En. Subd. (j), Sec. 4, Part 6, Ch. 82, L. 1937; amd. Sec. 20, Ch. 129, L. 1939; R.C.M. 1947, 71-712; amd. Sec. 90, Ch. 609, L. 1987; Sec. 53-4-115, MCA 1989; redes. 52-2-115 by Code Commissioner, 1991; amd. Sec. 28, Ch. 504, L. 2003.
2023 Montana Code Annotated › Title 52. Family Services › Chapter 2. Children's Services › Part 1. Child Welfare Services › 52-2-116. Department to assist other agencies

52-2-116. Department to assist other agencies.
The department shall assist other departments, agencies, and public and private institutions of the state and federal government, when so requested, by performing services in conformity with the purposes of this part and particularly such services and duties as may be assigned to it by any state board composed of state officers, provided such services and duties are legally within the duties of such state board.
History: En. Subd. (k) and (l), Sec. 4, Part 6, Ch. 82, L. 1937; R.C.M. 1947, 71-713(part); Sec. 53-4-116, MCA 1989; redes. 52-2-116 by Code Commissioner, 1991.
2023 Montana Code Annotated › Title 52. Family Services › Chapter 2. Children's Services › Part 1. Child Welfare Services › 52-2-117. Indian child welfare specialist

52-2-117. (Temporary) Indian child welfare specialist.
(1) The director of the department shall appoint a qualified person to act as an Indian child welfare specialist.
(2) The duties of the specialist include:
(a) developing Indian foster homes and other Indian placement resources;
(b) providing technical advice to tribal, state, and county agencies and district courts on matters pertaining to Indian child welfare;
(c) providing assistance in negotiating cooperative agreements to provide foster care services to Indian children;
(d) conducting training seminars on implementing the federal Indian Child Welfare Act of 1978, 25 U.S.C. 1901, et seq.,and the Montana Indian Child Welfare Act provided for in Title 41, chapter 3, part 13;
(e) applying for and accepting grants and other funds for Indian child welfare activities;
(f) developing and maintaining a list of attorneys to represent indigent parents and Indian custodians in Indian child welfare proceedings;
(g) making recommendations to the department on legislation and rules concerning Indian child welfare matters; and
(h) performing other duties concerning Indian child welfare matters as determined by the director. (Terminates June 30, 2025--sec. 55, Ch. 716, L. 2023.)
52-2-117. (Effective July 1, 2025) Indian child welfare specialist.
(1) The director of the department shall appoint a qualified person to act as an Indian child welfare specialist.
(2) The duties of the specialist include:
(a) developing Indian foster homes and other Indian placement resources;
(b) providing technical advice to tribal, state, and county agencies and district courts on matters pertaining to Indian child welfare;
(c) providing assistance in negotiating cooperative agreements to provide foster care services to Indian children;
(d) conducting training seminars on implementing the Indian Child Welfare Act of 1978 (25 U.S.C. 1901, et seq.);
(e) applying for and accepting grants and other funds for Indian child welfare activities;
(f) developing and maintaining a list of attorneys to represent indigent parents and Indian custodians in Indian child welfare proceedings;
(g) making recommendations to the department on legislation and rules concerning Indian child welfare matters; and
(h) performing other duties concerning Indian child welfare matters as determined by the director.
History: En. Sec. 1, Ch. 259, L. 1987; Sec. 53-4-117, MCA 1989; redes. 52-2-117 by Code Commissioner, 1991; amd. Sec. 1, Ch. 144, L. 1995; amd. Sec. 50, Ch. 716, L. 2023.
2023 Montana Code Annotated › Title 52. Family Services › Chapter 2. Children's Services › Part 1. Child Welfare Services › 52-2-118. Repealed

52-2-118. Repealed.
Sec. 19, Ch. 579, L. 1993.
History: En. Sec. 1, Ch. 447, L. 1987; Sec. 53-4-118, MCA 1989; redes. 52-2-118 by Code Commissioner, 1991; amd. Sec. 1, Ch. 262, L. 1991.
2023 Montana Code Annotated › Title 52. Family Services › Chapter 2. Children's Services › Part 1. Child Welfare Services › 52-2-121. Development of state permanent placement policy and plan

52-2-121. Development of state permanent placement policy and plan.
The department shall develop a state permanent placement policy and plan for children in the state's child welfare system. The state plan must include, at a minimum:
(1) a plan that includes locating a permanent home for any child that has been in foster care for more than 1 year;
(2) the number of children impacted by the plan;
(3) identification of priorities in placement alternatives;
(4) identification of various strategies for improvement of the child welfare system and of an action plan to implement these strategies;
(5) interim findings and identification of barriers to permanent placement of children and recommendations to reduce or eliminate those barriers; and
(6) steps taken by the department to sustain systemic change in placement of children in out-of-home care.
History: En. Sec. 1, Ch. 326, L. 1995.
2023 Montana Code Annotated › Title 52. Family Services › Chapter 2. Children's Services › Part 2. Multiagency Children's Services › 52-2-201. Purpose

52-2-201. Purpose.
It is the purpose of this part to strengthen and improve children's services in Montana by requiring interagency cooperation regarding the provision of services to children.
History: En. Sec. 1, Ch. 655, L. 1991.
2023 Montana Code Annotated › Title 52. Family Services › Chapter 2. Children's Services › Part 2. Multiagency Children's Services › 52-2-202. Definitions

52-2-202. Definitions.
For purposes of this part, unless the context requires otherwise, the following definitions apply:
(1) "Children with multiagency service needs" means children under 18 years of age who have a need for services that are available from more than one state agency.
(2) "Services" means publicly funded social services for children, including public education, child protective services, mental health services, child health care, and related services.
(3) "State agency" means:
(a) the department of corrections provided for in 2-15-2301;
(b) the board of crime control provided for in 2-15-2008;
(c) the department of public health and human services provided for in 2-15-2201; and
(d) the superintendent of public instruction provided for in 2-15-701.
History: En. Sec. 2, Ch. 655, L. 1991; amd. Sec. 1, Ch. 262, L. 1991; amd. Sec. 147, Ch. 418, L. 1995; amd. Sec. 339, Ch. 546, L. 1995.
2023 Montana Code Annotated › Title 52. Family Services › Chapter 2. Children's Services › Part 2. Multiagency Children's Services › 52-2-203. Cooperative agreement regarding children's services

52-2-203. Cooperative agreement regarding children's services.
(1) State agencies shall enter into a cooperative agreement for the purpose of coordinating services to children with multiagency service needs. However, the existing state and community interagency service delivery and planning process for developmental disabilities may not be affected by this section.
(2) The cooperative agreement may:
(a) include a functional definition of "children with multiagency service needs";
(b) identify the responsibilities of each state agency in relation to children with multiagency service needs;
(c) describe agreements to recognize duplicated services and to fill gaps in services to children with multiagency service needs;
(d) define a process for the resolution of disputes between state agencies that relate to specific areas of an agency's service responsibilities;
(e) establish local interagency staffing groups that consist of the following members:
(i) a local representative from each state agency who is authorized to commit resources and make decisions on behalf of the agency represented;
(ii) representatives of local school districts, youth probation offices, and other public agencies serving youth; and
(iii) representatives of local private youth service agencies;
(f) provide that if a state agency is not able to provide all the services that a child requires, the agency may submit the child's case history to the local staffing group for the provision of multiagency services to the child;
(g) provide that a local interagency staffing group shall meet at the request of any one of its members to consider the provision of services to a child with multiagency service needs;
(h) provide for confidentiality of a child's case records in the same manner as provided in 41-3-205; and
(i) provide for review and necessary revision of the cooperative agreement at least once annually.
(3) For purposes of this part, the department of public health and human services is designated as the lead agency in coordinating and planning services to children with multiagency service needs. Other state agencies shall cooperate with the department of public health and human services to ensure minimum duplication and maximum coordination of services for children in Montana.
History: En. Sec. 3, Ch. 655, L. 1991; amd. Sec. 340, Ch. 546, L. 1995.
2023 Montana Code Annotated › Title 52. Family Services › Chapter 2. Children's Services › Part 3. Multiagency Service Placement Plan › 52-2-301. State policy

52-2-301. State policy.
The legislature declares that it is the policy of this state:
(1) to provide for and encourage the development of a stable system of care, including quality education, treatment, and services for the high-risk children of this state with multiagency service needs, to the extent that funds are available;
(2) to serve high-risk children with multiagency service needs either in their homes or in the least restrictive and most appropriate setting for their needs in order to preserve the unity and welfare of the family, whenever possible, and to provide for their care and protection and mental, social, and physical development;
(3) to serve high-risk children with multiagency service needs within their home, community, region, and state, whenever possible, and to use out-of-state providers as a last resort;
(4) to provide integrated services to high-risk children with multiagency service needs;
(5) to contain costs and reduce the use of high-cost, highly restrictive, out-of-home placements;
(6) to increase the capacity of communities to serve high-risk children with multiagency service needs in the least restrictive and most appropriate setting for their needs by promoting collaboration and cooperation among the agencies that provide services to children;
(7) to prioritize available resources for meeting the essential needs of high-risk children with multiagency service needs; and
(8) to reduce out-of-home and out-of-community placements through a children's system of care account to fund in-state and community-based services that meet the needs of high-risk children with multiagency service needs in the least restrictive and most appropriate setting possible.
History: En. Sec. 2, Ch. 324, L. 1993; amd. Sec. 1, Ch. 118, L. 2003; amd. Sec. 2, Ch. 123, L. 2007.