reglab/statecodes huggingface dataset:
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.57 - MATERNAL AND CHILD HEALTH › Subchapter 37.57.4 - Newborn Hearing Screening and Assessment › Rule 37.57.410 - REPORTING NEWBORN HEARING SCREENING RESULTS - PARENTS - PRIMARY CARE PROVIDERS

Current through Register Vol. 13, July 5, 2024
(1) The hospital or
				health care facility shall document all hearing screening results in the
				newborn's chart and shall provide the hearing screening results to the parents
				of the newborn on the newborn's Report Card form. If the newborn hearing
				screening indicates a possible hearing loss, the written notification of
				results to the newborn's parents must include a recommendation for an
				audiological assessment.
(2) The
				hospital or health care facility shall also provide the newborn's primary care
				provider with written notification of the results of the newborn hearing
				screening. If the newborn hearing screening indicates a possible hearing loss,
				the written notification of results sent to the newborn's primary care provider
				must include a recommendation for an audiological assessment.
53-19-402,
					 MCA; IMP,
					 53-19-404,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.57 - MATERNAL AND CHILD HEALTH › Subchapter 37.57.4 - Newborn Hearing Screening and Assessment › Rule 37.57.413 - REPORTING TO THE DEPARTMENT REGARDING NEWBORN HEARING SCREENING AND EDUCATION

Current through Register Vol. 13, July 5, 2024
(1) Each hospital
				and health care facility required to provide newborn hearing screenings must
				make a report to the department each month using the department's designated
				reporting software regarding newborn hearing screenings.
(2) Each hospital and health care facility
				shall enter the following information by the 15th day of each month for each
				newborn born in or transferred to the hospital or health care facility during
				the preceding month:
(a) the newborn's full
				name, date of birth, gender, mother's maiden name, and the location of the
				newborn's birth;
(b) that the
				education protocol and educational materials developed by the department on
				newborn hearing screening were provided to the parents of the
				newborn;
(c) whether the facility
				did or did not provide a complete hearing screening to the newborn as required
				in ARM 37.57.407;
(d) for any newborns not fully screened, a
				statement of any reason(s) the newborn has not been not fully
				screened;
(e) if the newborn was
				provided an initial screening prior to discharge, and the results of that
				screening indicated possible hearing loss, the date scheduled for the follow-up
				hearing screening;
(f) all of the
				newborn's hearing screening results; and
(g) contact information for the newborn's
				primary care provider if the initial or follow-up hearing screening(s)
				indicated possible hearing loss.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.57 - MATERNAL AND CHILD HEALTH › Subchapter 37.57.4 - Newborn Hearing Screening and Assessment › Rule 37.57.414 - HEALTH CARE PROVIDERS - REPORTING TO THE DEPARTMENT REGARDING EDUCATION AND REFERRAL INFORMATION

Current through Register Vol. 13, July 5, 2024
(1) Each licensed
				health care provider in attendance at any birth occurring outside a hospital or
				health care facility shall file a report with the department that documents:
(a) the newborn's full name, date of birth,
				gender, mother's maiden name, and the location of the newborn's
				birth;
(b) that the education
				protocol and educational materials developed by the department on newborn
				hearing screening were provided to the parents of the newborn;
(c) that referral information has been
				provided to the newborn's parents which identifies the hospitals, health care
				facilities, and other health care providers in the area that are able to
				provide hearing screenings for newborns.
(d) that the newborn's primary care provider,
				if other than the health care provider attending the birth, has been notified
				that newborn hearing screening has been provided to the newborn's
				parents.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.57 - MATERNAL AND CHILD HEALTH › Subchapter 37.57.4 - Newborn Hearing Screening and Assessment › Rule 37.57.415 - AUDIOLOGISTS - REPORTING OF AUDIOLOGICAL ASSESSMENTS TO DEPARTMENT - PARENTAL CONSENT FOR REFERRAL TO THE MONTANA SCHOOL FOR THE DEAF AND BLIND

Current through Register Vol. 13, July 5, 2024
(1) Each licensed audiologist to whom an
				infant is referred for audiological assessment following a newborn hearing
				screening shall file a report with the department each month regarding the
				results of the infant's audiological assessment. The report shall be filed
				using the department's designated reporting software. The audiologist shall
				enter and report the following information by the 15th day of each month for
				each infant assessed during the previous month:
(a) the newborn's full name, date of birth,
				gender, mother's maiden name, and the location of the newborn's
				birth;
(b) the name and address of
				the hospital or health care facility in which the baby was born or transferred
				to or the name and address of the health care provider attending the
				birth;
(c) complete audiological
				assessment results for the newborn, including current hearing status.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.57 - MATERNAL AND CHILD HEALTH › Subchapter 37.57.10 - Block Grant Funds › Rule 37.57.1001 - MATERNAL AND CHILD HEALTH BLOCK GRANT: STANDARDS FOR RECEIPT OF FUNDS

Current through Register Vol. 13, July 5, 2024
(1) In order for any county or other local
				entity to receive federal maternal and child health (MCH) block grant funding
				from the department, that entity must contractually agree to the following:
(a) MCH block grant funds will be used solely
				for providing health services to mothers and children.
(b) No MCH block grant funds will be used to
				supplant local funds that would be otherwise available.
(c) MCH block grant funds will be used solely
				for the core maternal and child health services listed in (2) below, unless the
				contractor has proved to the department prior to entering into the contract
				that all core services have already been provided for or, through a formal
				needs assessment process meeting the requirements of (3) below, that the
				contractor has shown there is no need for the particular core service not being
				provided. If there is such an exception made to provision of all of the core
				services, the exception must be specifically set out in the contract.
(d) For every $4 of MCH block grant funding
				it spends, it must expend $3 from other non-federal funding sources to provide
				the services required of it by the contract.
(e) If the contractor has a medicaid billing
				mechanism in place, it will bill medicaid for services provided under the
				contract that qualify for medicaid reimbursement; and if a medicaid billing
				mechanism is not in place, the contractor will work with department staff to
				establish such a mechanism or to determine the feasibility of medicaid billing
				by the contractor, and will utilize the mechanism once it is
				established.
(f) No more than 10%
				of the funds available under the contract may be used for administration of the
				contract, i.e., for services that do not directly contribute to the delivery of
				direct services to clients; examples of administrative costs are those for
				bookkeeping, legal aid, and supervision by persons who are not health
				professionals.
(g) If the
				contractor conducted maternal and child health programs during the state fiscal
				year prior to that in which the contract is to be performed, the contractor
				must maintain during the term of the contract at least the same level of effort
				as it provided for those programs during prior fiscal year.
(h) Any grant-related income (for example,
				income from fees charged or donations) accruing to the contractor from
				activities funded, in whole or in part, under the contract will be used only to
				pay for the allowable costs of providing the services described in the
				contract, during the term of the contract or within one year thereafter.
				Careful documentation
of the use of grant-related income must be maintained.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.59 - SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN, INFANTS AND CHILDREN (WIC) › Subchapter 37.59.1 - General Program Administration › Rule 37.59.101 - PURPOSE OF RULES

Current through Register Vol. 13, July 5, 2024
(1) The purpose of
				the rules in subchapters 1 and 2 is to provide a clear procedural framework
				under which the department administers the federal Special Supplemental
				Nutrition Program for Women, Infants, and Children (WIC Program), which is
				sponsored by the Food and Nutrition Service (FNS) of the United States
				Department of Agriculture (USDA) and which has been administered in Montana by
				the department since approximately 1974.
50-1-202,
					 MCA; IMP,
					 50-1-202,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.59 - SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN, INFANTS AND CHILDREN (WIC) › Subchapter 37.59.1 - General Program Administration › Rule 37.59.105 - INCORPORATIONS BY REFERENCE

Current through Register Vol. 13, July 5, 2024
(1) This chapter of
				ARM Title 37 establishes a state WIC Program which is essentially the
				equivalent of the federal WIC Program.
(2) Where the department has adopted a
				federal regulation by reference, the following applies:
(a) References in the federal regulations to
				"Administrator" or "Regional Administrator," or the like, should be read to
				mean "department."
(b) Where the
				department incorporates by reference a subpart of a federal regulation, both
				the subpart and its constituent sections and subsections are also incorporated
				by reference.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.59 - SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN, INFANTS AND CHILDREN (WIC) › Subchapter 37.59.1 - General Program Administration › Rule 37.59.109 - PROGRAM ADMINISTRATION AND GUIDANCE

Current through Register Vol. 13, July 5, 2024
(1)
				As the state agency to which the United States Department of Agriculture (USDA)
				has delegated the administration of the WIC Program, the department is
				responsible for the effective and efficient administration of the program in
				accordance with the USDA program regulations set forth in 7 CFR Part 246,
				USDA's regulations governing the WIC Program; 7 CFR Part 15, subparts A and C,
				USDA's regulations governing nondiscrimination; and 7 CFR Part 3015, USDA's
				regulations governing the administration of grants.
(2) In addition to the documents referred to
				in (1), the department, as the state agency to which the USDA has delegated
				administration of the WIC Program, also receives numerous policies, forms,
				guidelines, and instructions from the USDA Food and Nutrition Service (FNS)
				issued under the FNS directives management system. The department has assembled
				such policies, forms, guidelines, instructions, and the state forms and
				guidelines required by such directives, into the state plan which is
				distributed to each participating local agency and is to be followed by each
				local agency in administering the program.
(3) The department adopts and incorporates by
				reference the following:
(a) 7 CFR Part 246,
				which are USDA regulations governing the WIC Program, edition date January 1,
				2013 and may be obtained at
www.fns.usda.gov/wic/lawsandregulations/wicregulations-7cfr246.pdf
;
(b) 7 CFR Part 15, subparts A and C, which
				are USDA regulations governing nondiscrimination, edition date January 1, 2013
				and may be obtained at
www.law.cornell.edu/cfr/text/7/part-15/subpart-A
and
www.law.cornell.edu/cfr/text/7/part-15/subpart-C
;
(c) 7 CFR Part 3015, which are USDA
				regulations governing the administration of grants, edition date January 1,
				2013 and may be obtained at
www.law.cornell.edu/cfr/text/7/3015
;
				and
(d) the "2014 State Plan for
				Montana's Special Supplemental Nutrition Program for Women, Infants, and
				Children (WIC)."
(e) Copies of
				these materials may be obtained from the Department of Public Health and Human
				Services, Special Supplemental Nutrition Program for Women, Infants, &
				Children (WIC), P.O. Box 202951, Helena, MT 59620-2951.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.59 - SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN, INFANTS AND CHILDREN (WIC) › Subchapter 37.59.1 - General Program Administration › Rule 37.59.110 - NUTRITION SERVICES STANDARDS

Current through Register Vol. 13, July 5, 2024
(1) Local
				agency staff will provide participants with nutrition services developed and
				defined in the state plan, including the following:
(a) a complete nutrition assessment including
				hematological and anthropometric measures as indicated;
(b) CPA-identified nutrition risk
				code(s);
(c) CPA-assigned food
				package based on participant age, need, category, and preference;
(d) CPA-developed care plan to include
				documentation of participant goals, frequency of follow up, referrals, and plan
				for future education needs;
(e)
				breastfeeding education, promotion, and support for participants as
				appropriate; and
(f) at least four
				nutrition education contacts per annual certification or two education contacts
				per six-month certification, to be offered approximately every
				quarter.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.59 - SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN, INFANTS AND CHILDREN (WIC) › Subchapter 37.59.2 - Local Agency Eligibility and Participation › Rule 37.59.201 - SELECTION OF LOCAL AGENCIES

Current through Register Vol. 13, July 5, 2024
(1) In
				selecting new local agencies, the department will apply the criteria in
				7 CFR
				246.5 (a) through (f) together with the
				following criteria:
(a) whether the program
				is located to be accessible to participants;
(b) whether the program exhibits sufficient
				financial integrity and solvency to assure its ability to continue program
				operations; and
(c) whether there
				are documented, written procedures for making referrals to and coordinating
				with the following services and programs which are operating in the service
				area of the local agency: prenatal care, immunizations, postnatal care, family
				planning, well-child services, early periodic screening and development
				testing, schools, dental screening, private physicians, health maintenance
				organizations, hospitals, expanded food and nutrition education program,
				community relief agencies, USDA Supplemental Nutrition Assistance Program
				(SNAP), Children's Special Health Care Services, and maternal and child health
				services.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.59 - SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN, INFANTS AND CHILDREN (WIC) › Subchapter 37.59.2 - Local Agency Eligibility and Participation › Rule 37.59.202 - AGREEMENTS WITH LOCAL AGENCIES

Current through Register Vol. 13, July 5, 2024
(1) The
				department adopts and incorporates by reference
				7 CFR
				246.6, which is a federal agency rule setting
				forth terms and requirements for agreements between the department and local
				agencies. Copies of
				7 CFR
				246.6 may be obtained from the Department of
				Public Health and Human Services, Special Supplemental Nutrition Program for
				Women, Infants & Children (WIC), P.O. Box 202951, Helena, MT
				59620-2951.
50-1-202,
					 MCA; IMP,
					 50-1-202,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.59 - SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN, INFANTS AND CHILDREN (WIC) › Subchapter 37.59.2 - Local Agency Eligibility and Participation › Rule 37.59.203 - PERIODIC REVIEW AND DISQUALIFICATION OF LOCAL AGENCIES

Current through Register Vol. 13, July 5, 2024
(1) The department will conduct periodic
				reviews of the qualifications of authorized local agencies under its
				jurisdiction. In conducting such reviews, the department will consider the
				program's history of prior program performance and the factors listed in (2).
				Based upon the results of such reviews, the department may make appropriate
				adjustments among the participating local agencies, including the
				disqualification of a local agency when the department determines that another
				local agency can operate the program more effectively and efficiently. The
				department must implement the procedures established in (3) when disqualifying
				a local agency.
(2) The department
				may disqualify a local agency upon consideration of:
(a) noncompliance with program
				rules;
(b) sufficiency of
				department funds to support the continued operation of all its existing local
				agencies at their current participation level;
(c) whether, following a review of local
				agency credentials in accordance with (4), another local agency can operate the
				program more effectively and efficiently;
(d) the availability of other community
				resources to participants and the cost efficiency and cost effectiveness of the
				local agency in terms of both food and administrative and program services
				costs;
(e) the percentages of
				participants in each priority level being served by the local agency and the
				percentage of need being met in each participant category;
(f) the relative position of the area or
				special population served by the local agency in the affirmative action
				plan;
(g) the local agency's place
				in the priority system established in
				7 CFR
				246.5 (d)(1); or
(h) the capability of another local agency or
				agencies to accept the local agency's participants.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.59 - SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN, INFANTS AND CHILDREN (WIC) › Subchapter 37.59.3 - Retailer and Farmer Eligibility and Participation › Rule 37.59.301 - REQUIREMENTS FOR STATE AGENCY SELECTION OF RETAILERS AND FARMERS

Current through Register Vol. 13, July 5, 2024
(1) In selecting retailers to participate in
				the program, the state WIC agency will apply the requirements of
				7 CFR
				246.12 (e) through (v), and the following
				criteria:
(a) whether the place of the
				retailer's business is permanent; no stores on wheels may be allowed;
(b) whether the retailer stocks and maintains
				appropriate quantities of authorized WIC foods;
(c) whether the retailer is accessible to WIC
				clients;
(d) whether the retailer
				has been disqualified from the USDA SNAP;
(e) whether the retailer has a valid, current
				business license from each appropriate Montana state agency, as may be required
				by law.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.59 - SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN, INFANTS AND CHILDREN (WIC) › Subchapter 37.59.3 - Retailer and Farmer Eligibility and Participation › Rule 37.59.302 - AGREEMENTS WITH RETAILERS AND FARMERS

Current through Register Vol. 13, July 5, 2024
(1) The
				department adopts and incorporates by reference
				7 CFR
				246.12 (h) and (v), which is a federal agency
				rule setting forth terms and requirements for agreements between the department
				and retailers and farmers. Copies of this document may be obtained from the
				Department of Public Health and Human Services, Special Supplemental Nutrition
				Program for Women, Infants, & Children (WIC), P.O. Box 202951, Helena, MT
				59620-2951.
50-1-202,
					 MCA; IMP,
					 50-1-202,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.59 - SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN, INFANTS AND CHILDREN (WIC) › Subchapter 37.59.3 - Retailer and Farmer Eligibility and Participation › Rule 37.59.303 - PERIODIC REVIEW AND DISQUALIFICATION OF RETAILERS AND FARMERS

Current through Register Vol. 13, July 5, 2024
(1) The department (or local agency in
				consultation with the department), before re-authorization, will conduct
				periodic reviews of the operations of participating retailers and farmers, as
				described in the state plan, and will consider the following:
(a) a review of local agency monitoring
				reports;
(b) results of one or more
				on site visits;
(c) shared
				information from the Montana SNAP officer-in-charge;
(d) on site follow-up to (a) when warranted
				by incomplete information or complaint;
(e) whether the retailer or farmer
				demonstrates ability to meet Montana WIC Program requirements, as evidenced by
				performance during the current agreement; and
(f) whether patterns of participant use
				demonstrate compliance with the program.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.59 - SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN, INFANTS AND CHILDREN (WIC) › Subchapter 37.59.4 - Appeal Procedures › Rule 37.59.401 - APPEALS BY PROGRAM PARTICIPANTS

Current through Register Vol. 13, July 5, 2024
(1) An
				individual who has been denied participation or been disqualified from the
				program by the local agency may request a fair hearing by contacting either the
				local agency or the department no later than 60 days after the local agency's
				adverse action has been communicated to the individual.
(2) The processing of such requests and the
				conduct of such hearing is in accordance with
				7 CFR
				246.9 and applicable sections of the state
				plan.
(3) The department
				incorporates by reference the following:
(a)
										7 CFR
				246.9, which is a federal agency rule setting
				forth fair hearing procedures for individuals who are denied participation or
				disqualified from the program; and
(b) the fair hearing requirements of the
				state plan.
(c) Copies of the above
				documents may be obtained from the Department of Public Health and Human
				Services, Special Supplemental Nutrition Program for Women, Infants, and
				Children (WIC), P.O. Box 202951, Helena, MT 59620-2951.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.59 - SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN, INFANTS AND CHILDREN (WIC) › Subchapter 37.59.4 - Appeal Procedures › Rule 37.59.402 - APPEALS BY LOCAL AGENCIES, RETAILERS, AND FARMERS

Current through Register Vol. 13, July 5, 2024
(1) A local agency, retailer, or farmer which
				is denied participation or, during the course of a contract or agreement, is
				disqualified or its participation is otherwise adversely affected may request a
				fair hearing before the department. Expiration of a contract or agreement with
				a retailer, farmer, or local agency is not subject to appeal.
(2) The issuance of notice of adverse action,
				the processing of fair hearing requests, and the conduct of such hearings are
				in accordance with the provisions of
				7 CFR
				246.18 and applicable sections of the state
				plan.
(3) The department adopts and
				incorporates by reference the following:
(a)
										7 CFR
				246.18, which is a federal agency rule
				setting forth the notice and hearing procedures for local agencies, retailers,
				and farmers who are denied participation or are disqualified from the program;
				and
(b) the fair hearing
				requirements for local agencies, retailers, and farmers set forth in the state
				plan.
(c) Copies of
				7 CFR
				246.18 and the local agency and retailer and
				farmer fair hearing provisions of the state plan may be obtained from the
				Department of Public Health and Human Services, Special Supplemental Nutrition
				Program for Women, Infants, and Children (WIC), P.O. Box 202951, Helena, MT
				59620-2951.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.62 - CHILD SUPPORT ENFORCEMENT SERVICES › Subchapter 37.62.1 - Child Support Guidelines › Rule 37.62.101 - AUTHORITY, POLICY AND PURPOSE

Current through Register Vol. 13, July 5, 2024
(1) These
				guidelines are promulgated under the authority of
				40-5-209,
				MCA, for the purpose of establishing a standard to be used by the district
				courts, child support enforcement agencies, attorneys and parents in
				determining child support obligations.
(2) These guidelines are based on the
				principle that it is the first priority of parents to meet the needs of the
				child according to the financial ability of the parents. In a dissolution of
				marriage or when parents have never been married, a child's standard of living
				should not, to the degree possible, be adversely affected because a child's
				parents are not living in the same household.
(3) These guidelines are structured to
				determine child support on an annual basis. Payment will be made in equal
				monthly installments.
(4) As
				required by
				40-4-204,
				40-5-226
				and
				40-6-116, MCA,
				these guidelines apply to contested, non-contested and default proceedings to
				establish or modify support orders.
Sec.
					 40-5-203,
					 MCA; IMP, Sec.
					 40-5-209,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.62 - CHILD SUPPORT ENFORCEMENT SERVICES › Subchapter 37.62.1 - Child Support Guidelines › Rule 37.62.102 - REBUTTABLE PRESUMPTION

Current through Register Vol. 13, July 5, 2024
(1) The guidelines
				create a presumption of the adequacy and reasonableness of child support
				awards. However, every case must be determined on its own merits and
				circumstances and the presumption may be rebutted by evidence that a child's
				needs are or are not being met.
(2)
				At the request of one of the parties and upon consideration of the factors set
				out in the guidelines and in
				40-4-204,
				40-4-208,
				and
				40-6-116, MCA,
				the final outcome of the guidelines calculation, or "bottom line", may be
				rebutted and a variance from the guidelines final amount may be granted. Any
				consideration of a variance from the guidelines must take into account the best
				interests of the child.
(3) The
				support order may vary from the bottom line in a particular case only if the
				decree, separation order, or support order contains a specific written finding
				showing justification that application of the guidelines would be unjust or
				inappropriate, based upon evidence sufficient to rebut the
				presumption.
(4) Findings that
				rebut and vary the bottom line must include a statement of the amount of
				support that would have been ordered under the guidelines without the
				variance.
(5) Child support may
				vary from the bottom line based on a stipulation or agreement of the parties
				only if the stipulation or agreement meets the following criteria:
(a) it is in writing, executed by the parties
				free of coercion;
(b) it contains
				specific justification as to why application of the guidelines is unjust or
				inappropriate;
(c) it contains a
				statement of the amount of support that would have been appropriate under the
				guidelines without the variance; and
(d) it has been approved by the court or in
				an administrative proceeding.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.62 - CHILD SUPPORT ENFORCEMENT SERVICES › Subchapter 37.62.1 - Child Support Guidelines › Rule 37.62.103 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
For purposes of this chapter, unless the context requires
				  otherwise, the following definitions apply:
(1) "Actual income" is defined in ARM
				37.62.105.
(2) "CSSD" means the Child Support Services
				Division of the Department of Public Health and Human Services.
(3) "Department" means the Department of
				Public Health and Human Services.
(4) "Federal poverty guidelines" means the
				guidelines published by the U.S. Department of Health and Human Services under
				the authority of
				42
				USC 9902(2), which will be
				updated periodically in the Federal Register. Such updates will be adopted by
				amendment to these rules as appropriate.
(5) "Guidelines" means the administrative
				rules for establishment of child support as provided in ARM Title 37, chapter
				62, subchapter 1, as promulgated in
				40-5-209,
				MCA.
(6) "Imputed income" is
				defined in ARM
				37.62.106.
(7) "Incarceration" means a parent
				is held in a correctional, detention, or treatment facility for more than 180
				days.
(8) "Legal dependent" means
				natural born and adopted minor children, spouses, special needs adult children,
				household members covered by a conservatorship or guardianship, and parent's
				parents living in the household who are claimed on tax returns as legal
				dependents.
(9) "Long distance
				parenting" is defined in ARM
				37.62.130.
(10) "Other child" means a child
				whom a parent is legally obligated to support but who is not the subject of the
				child support calculation. A step-child is not considered an other child.
(11) "Personal allowance" is
				defined in ARM
				37.62.114.
(12) "Primary child support
				allowance" is defined in ARM
				37.62.121.
(13) "SOLA" means standard of
				living adjustment.
(14) "Standard
				of living" includes the necessities, comforts and luxuries enjoyed by either
				parent, the child or both parents and the child, which are needed to maintain
				them in customary or proper community status or circumstances.
(15) "Transfer payment" is defined in ARM
				37.62.134.
(16) "Underemployed" means
				employed less than full time, when full-time work is available in the community
				or the local trade area, and/or earning a wage that is less than the parent has
				earned in the past, or is qualified to earn, when higher paying jobs are
				available in the community or the local trade area, for which the parent is
				qualified.
AUTH:
					 40-5-203,
					 MCA; IMP:
					 40-5-209,
					 MCA
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.62 - CHILD SUPPORT ENFORCEMENT SERVICES › Subchapter 37.62.1 - Child Support Guidelines › Rule 37.62.105 - DETERMINATION OF INCOME FOR CHILD SUPPORT

Current through Register Vol. 13, July 5, 2024
(1)
				Income for child support includes actual income, imputed income as set forth in
				ARM 37.62.106, or any combination
				thereof which fairly reflects a parent's resources available for child support.
				Income can never be less than zero.
(a)
				Parents are presumed to be capable of earning income from full-time employment;
				full-time employment is presumed to be 40 hours per week but may be more or
				less depending upon the parent's profession and/or the employer's
				policies.
(b) The net value of a
				parent's assets may be considered for child support where, in a specific case,
				it would be inappropriate not to do so.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.62 - CHILD SUPPORT ENFORCEMENT SERVICES › Subchapter 37.62.1 - Child Support Guidelines › Rule 37.62.106 - IMPUTED INCOME FOR CHILD SUPPORT

Current through Register Vol. 13, July 5, 2024
(1)
				"Imputed income" means income not actually earned by a parent, but which is
				attributed to the parent based on the provisions of this rule. It is presumed
				that all parents are capable of working at least 40 hours per week at minimum
				wage, absent evidence to the contrary.
(2) It is appropriate to impute income to a
				parent, subject to the provisions of (6) of this rule, when the parent:
(a) is unemployed;
(b) is underemployed;
(c) fails to produce sufficient proof of
				income;
(d) has an unknown
				employment status; or
(e) is a
				student.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.62 - CHILD SUPPORT ENFORCEMENT SERVICES › Subchapter 37.62.1 - Child Support Guidelines › Rule 37.62.108 - INCOME VERIFICATION/DETERMINING ANNUAL INCOME

Current through Register Vol. 13, July 5, 2024
(1) A parent must swear to the accuracy and
				authenticity of all financial information submitted for the purpose of
				calculating child support.
(2)
				Income of the parents must be documented. This may include pay stubs, employer
				statements, income tax returns, and profit and loss statements. If expenses are
				disputed, proof may be required.
(3) To the extent possible, income for child
				support and expenses should be annualized to avoid the possibility of skewed
				application of the guidelines based on temporary or seasonal conditions. Income
				and expenses may be annualized using one of the two following methods:
(a) seasonal employment or fluctuating income
				may be averaged over a period sufficient to accurately reflect the parent's
				earning ability. If a parent has been self-employed for three years or less,
				the profit and loss statements and income tax returns of the individual parent
				and the business entity for each of those years are required so that the
				average of the parent's self-employment income can be considered in the child
				support calculation. If the parent has been self-employed for more than three
				years, a minimum of the most recent three years' profit and loss statements and
				tax returns are required; or
(b)
				current income or expenses may be projected when a recent increase or decrease
				in income is expected to continue for the foreseeable future. For example, when
				a student graduates and obtains permanent employment, income should be
				projected at the new wage.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.62 - CHILD SUPPORT ENFORCEMENT SERVICES › Subchapter 37.62.1 - Child Support Guidelines › Rule 37.62.110 - ALLOWABLE DEDUCTIONS FROM PARENTS' INCOME

Current through Register Vol. 13, July 5, 2024
(1) Allowable deductions from income include
				those required by law, those required as a condition of employment, and those
				necessary for the production of income. Allowable deductions may include:
(a) the amount of alimony or spousal
				maintenance which a parent is required to pay under a court or administrative
				order;
(b) for an "other child" as
				defined in ARM
				37.62.103(9):
(i) the amount of child support due under
				existing court or administrative support orders; and
(ii) an amount equal to one-half of the
				primary child support allowance as found in ARM
				37.62.121 for the number of other
				children for whom no support order exists and who:
(A) reside with the parent of the
				calculation; or
(B) do not reside
				with a parent of the calculation if a showing of ongoing support is
				made;
(c) the
				amount of any health insurance premium which either parent is required to pay
				under a court or administrative order for a child not of this
				calculation;
(d) the actual income
				tax liability based on tax returns. If no other information is available, use
				the federal and state income tax tables which show the amount of withholding
				for a single person with one exemption;
(e) the actual social security (FICA plus
				Medicare) paid;
(f) court ordered
				payments except as excluded under ARM
				37.62.111;
(g) actual unreimbursed expenses incurred as
				a condition of employment such as uniforms, tools, safety equipment, union
				dues, license fees, business use of personal vehicle and other occupational and
				business expenses;
(h) actual
				mandatory contributions toward internal revenue service (IRS) approved
				retirement and deferred compensation plans. Mandatory contributions are fully
				deductible;
(i) one-half the amount
				of a parent's unreimbursed payments for an "other child" for extraordinary
				medical expenses and child care expenses necessary to allow the parent to work,
				less federal tax credits;
(j)
				extraordinary medical expenses incurred by a parent to maintain that parent's
				health or earning capacity which are not reimbursed by insurance, employer, or
				other entity;
(k) cost of tuition,
				books, and mandatory student fees for a parent who is a student as anticipated
				under ARM 37.62.106(5);
				and
(l) the current, annual
				interest on student loans, paid by a parent of the calculation for
				post-secondary education that has resulted in an economic benefit for the
				children of the calculation.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.62 - CHILD SUPPORT ENFORCEMENT SERVICES › Subchapter 37.62.1 - Child Support Guidelines › Rule 37.62.111 - NONALLOWABLE DEDUCTIONS FROM INCOME

Current through Register Vol. 13, July 5, 2024
(1)
				Deductions which are not allowable under these rules include:
(a) payroll deductions for the convenience of
				the parent, such as credit union payments and savings;
(b) imputed employment-related expenses, such
				as imputed child care;
(c) expenses
				incurred for the support of a spouse capable of self-support;
(d) payments for satisfaction of judgments
				against a parent related to the purchase of property for the parent's personal
				use;
(e) bankruptcy payments except
				to the extent that they represent debts for expenses which would otherwise be
				deductible; or
(f) a stepchild and
				associated costs.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.62 - CHILD SUPPORT ENFORCEMENT SERVICES › Subchapter 37.62.1 - Child Support Guidelines › Rule 37.62.114 - PERSONAL ALLOWANCE

Current through Register Vol. 13, July 5, 2024
(1) Personal
				allowance is an amount which reflects 1.3 multiplied by the federal poverty
				guideline for a one-person household. This amount is deducted when determining
				child support. Personal allowance is a contribution toward, but is not intended
				to meet the subsistence needs of parents.
(2) If a parent has legal dependents not
				capable of self-support and whose needs have not already been considered at ARM
				37.62.110, the personal allowance
				may reflect the parent's responsibility by increasing the number in the
				household when consulting the federal poverty guideline.
40-5-203,
					 MCA; IMP,
					 40-5-209,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.62 - CHILD SUPPORT ENFORCEMENT SERVICES › Subchapter 37.62.1 - Child Support Guidelines › Rule 37.62.116 - INCOME AVAILABLE FOR CHILD SUPPORT

Current through Register Vol. 13, July 5, 2024
(1)
				Income available for support is determined by subtracting from each parent's
				income, the deductions allowed under ARM
				37.62.110 and the amount of
				personal allowance determined under ARM
				37.62.114.
Sec.
					 40-5-203,
					 MCA; IMP, Sec.
					 40-5-209,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.62 - CHILD SUPPORT ENFORCEMENT SERVICES › Subchapter 37.62.1 - Child Support Guidelines › Rule 37.62.118 - TOTAL INCOME AVAILABLE/PARENTAL SHARE

Current through Register Vol. 13, July 5, 2024
(1) The
				parents' incomes available for child support are combined to determine the
				total income available for child support. Each income is divided by the total.
				The resulting factor determines each parent's share of the primary child
				support allowance under ARM
				37.62.121 and supplements under
				ARM 37.62.123.
(2) For any parent whose support obligation
				is determined according to the provisions of ARM
				37.62.126(1) (a) and (1)
				(b), the amount of the minimum contribution
				is substituted for that parent's total income available for child support for
				the purpose of determining each parent's share of the primary child support
				allowance and supplements.
Sec.
					 40-5-203,
					 MCA; IMP, Sec.
					 40-5-209,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.62 - CHILD SUPPORT ENFORCEMENT SERVICES › Subchapter 37.62.1 - Child Support Guidelines › Rule 37.62.121 - PRIMARY CHILD SUPPORT ALLOWANCE

Current through Register Vol. 13, July 5, 2024
(1) Primary
				child support allowance is a standard amount to be applied toward a child's
				food, shelter, clothing and related needs and is not intended to meet the needs
				of a particular child. This allowance is.30 multiplied by the personal
				allowance found at ARM
				37.62.114 for the first child. For
				the second and third children, the personal allowance is multiplied by.20 and
				added for each child. For four or more children, the personal allowance is
				multiplied by.10 and added for each additional child.
Sec.
					 40-5-203,
					 MCA; IMP, Sec.
					 40-5-209,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.62 - CHILD SUPPORT ENFORCEMENT SERVICES › Subchapter 37.62.1 - Child Support Guidelines › Rule 37.62.123 - SUPPLEMENTS TO PRIMARY CHILD SUPPORT ALLOWANCE

Current through Register Vol. 13, July 5, 2024
(1) The primary child support allowance is
				supplemented by:
(a) reasonable child care
				costs incurred by a parent for children of the calculation as a prerequisite to
				employment. The child care expense is reduced by the federal dependent care tax
				credit;
(b) cost of health
				insurance coverage for the children of the calculation. Include only the actual
				cost of adding the children to an existing health insurance policy or the cost
				of a child-only policy;
(c)
				unreimbursed health care expenses for each child of the calculation that exceed
				$250 per year and are recurring and predictable; and
(d) other needs of the child as determined by
				the circumstances of the case.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.62 - CHILD SUPPORT ENFORCEMENT SERVICES › Subchapter 37.62.1 - Child Support Guidelines › Rule 37.62.124 - PARENTING DAYS

Current through Register Vol. 13, July 5, 2024
(1) The parenting
				plan, referenced in
				40-4-234,
				MCA, provides for the child's residential schedule with the parents.
(2) When the child resides primarily with one
				parent and does not spend more than 110 days per year with the other parent,
				there is no adjustment to the transfer payment due. When at least one child
				spends more than 110 days per year with both parents, however, or when at least
				one child resides primarily with each parent, the transfer payment is adjusted
				according to ARM
				37.62.134.
(3) A "day" is defined as the majority of a
				24-hour calendar period in which the child is with or under the control of a
				parent. This assumes there is a correlation between time spent and resources
				expended for the care of the child. For purposes of this chapter, and unless
				otherwise agreed by the parents or specifically found by the court, the
				calendar period begins at midnight of the first day and ends at midnight of the
				second day. When the child is in the temporary care of a third party, such as
				in school or a day care facility, the parent who is the primary contact for the
				third party is the parent who has control of the child for the period of
				third-party care. If both parents are primary contacts for a third party, or if
				the parents are otherwise unable to agree on the total number of days for each
				parent, the number of disputed days may be totaled and divided equally between
				the parents.
40-5-203,
					 MCA; IMP,
					 40-5-209,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.62 - CHILD SUPPORT ENFORCEMENT SERVICES › Subchapter 37.62.1 - Child Support Guidelines › Rule 37.62.126 - MINIMUM SUPPORT OBLIGATION

Current through Register Vol. 13, July 5, 2024
(1) A specific
				minimum contribution toward child support should be ordered in all cases when
				the parent's income, after deductions, is less than or equal to the parent's
				personal allowance or the parent's calculated child support obligation is less
				than 12% of that parent's income after deductions.
(a) For parents whose income, as defined in
				ARM 37.62.105 and ARM
				37.62.106, after deductions, as
				defined in ARM
				37.62.110, is less than or equal
				to the parent's personal allowance, the minimum contribution is a portion of
				the income after deductions and is determined by applying the table in (3) as
				follows:
(i) divide the income after
				deductions by the personal allowance as defined in ARM
				37.62.114 to determine the income
				ratio;
(ii) find the income ratio
				in Column A;
(iii) locate the
				corresponding minimum contribution multiplier in Column B; and
(iv) multiply the income after deductions by
				the minimum contribution multiplier. The result is the parent's minimum
				contribution.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.62 - CHILD SUPPORT ENFORCEMENT SERVICES › Subchapter 37.62.1 - Child Support Guidelines › Rule 37.62.128 - INCOME AVAILABLE FOR STANDARD OF LIVING ADJUSTMENT (SOLA)

Current through Register Vol. 13, July 5, 2024
(1) The purpose of SOLA is to ensure that the
				child enjoys, to the extent possible, the standard of living commensurate with
				the parent's income. If a parent has income available after deducting the
				personal allowance and the parent's share of the child support allowance as
				supplemented, the remaining income is subject to SOLA.
(2) SOLA is calculated by subtracting from
				the parent's income available for support, as provided in ARM
				37.62.116 the parent's share of
				the primary child support allowance under ARM
				37.62.121 and supplements as
				provided in ARM
				37.62.123.
(3) If income is available for SOLA, multiply
				the income by the SOLA factor from the following table which corresponds to the
				number of children for whom support is being determined.
Number of Children
SOLA Factor
1
.14
2
.21
3
.27
4
.31
5
.35
6
.39
7
.43
8 or more
.47
(4)
				Income available for SOLA may not be less than zero.
Sec.
					 40-5-203,
					 MCA; IMP, Sec.
					 40-5-209,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.62 - CHILD SUPPORT ENFORCEMENT SERVICES › Subchapter 37.62.1 - Child Support Guidelines › Rule 37.62.130 - LONG DISTANCE PARENTING ADJUSTMENT

Current through Register Vol. 13, July 5, 2024
(1) Long
				distance parenting is any travel by a parent or child to attain the goals of
				the parenting plan. A long distance parenting adjustment is allowed when travel
				by a parent or child exceeds 2,000 miles in a calendar year.
(2) The amount of income available for SOLA
				is reduced to the extent the actual annual expense of transportation for long
				distance parenting exceeds 2,000 miles multiplied by the current IRS business
				mileage rate (standard expense). The reduction is determined separately for
				each parent.
(3) The reduction is
				calculated as follows:
(a) multiply the
				parent's annual mileage driven to exercise long-distance parenting by the
				current IRS business mileage rate;
(b) add the annual cost of transportation by
				means other than automobile;
(c)
				subtract the standard expense from the total of (3) (a) and (b) above;
				and
(d) subtract any difference
				greater than zero from the parent's income available for SOLA.