reglab/statecodes huggingface dataset:
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.47 - PROTECTIVE SERVICES › Subchapter 37.47.3 - Child Protective Services › Rule 37.47.309 - INITIAL CHILD PROTECTION SPECIALIST SUPERVISORY TRAINING

Current through Register Vol. 13, July 5, 2024
(1) Child protection specialist supervisors
				are required to attend supervisory training. It is the responsibility of the
				division's training unit to develop, coordinate, implement, and track the
				completion of the initial supervisory training.
(2) All child protection specialist
				supervisors hired after July 1, 2021 must complete the initial supervisory
				training within the first year of employment as a child protection specialist
				supervisor.
(a) Training topics for child
				protection specialist supervisors include, but are not limited to:
(i) personnel management and supervision
				framework;
(ii) the division safety
				assessment model;
(iii) the
				division practice model; and
(iv)
				leadership in child welfare.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.47 - PROTECTIVE SERVICES › Subchapter 37.47.3 - Child Protective Services › Rule 37.47.310 - ANNUAL CHILD PROTECTION SPECIALIST SUPERVISORY TRAINING

Current through Register Vol. 13, July 5, 2024
(1) Child protection specialist supervisors
				must complete annual child welfare supervisory training. It is the
				responsibility of the division's training unit to develop, coordinate,
				implement, and track the completion of these supervisory trainings on an annual
				basis.
(2) Child protection
				specialist supervisors must complete twenty hours of child welfare supervisory
				training annually and have the completion recorded and tracked by the
				division's training unit.
(3)
				Annual training topics for child protection specialist supervisors are based on
				topics relevant to the position.
(4) All supervisory trainings completed by
				child protection specialist supervisors must be approved by the division's
				administration. Proof of successful completion of supervisory trainings must be
				provided to the division's training unit.
(5) Twenty hours of child protection
				specialist supervisory training will count toward the twenty-hour child
				protection specialist recertification.
(6) For purposes of this rule, "division"
				means the Child and Family Services Division.
AUTH:
					 52-2-111,
					 MCA; IMP:
					 52-2-111,
					 MCA
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.47 - PROTECTIVE SERVICES › Subchapter 37.47.3 - Child Protective Services › Rule 37.47.315 - CHILD PROTECTIVE SERVICES: INFORMATION SYSTEM OPERATION

Current through Register Vol. 13, July 5, 2024
(1) "Protective services information systems"
				means a collection of records in a central location of all reports relating to
				investigations of child abuse or neglect cases. The department is responsible
				for maintaining the protective services information system.
(2) All reports of the protective services
				information system are confidential.
(3) Misuse of the information by any employee
				of the department is grounds for immediate dismissal.
(4) Misuse of information by persons other
				than department employees shall be grounds for termination of the person's
				rights to such information.
(5)
				Periodic statistical reports will be compiled.
(6) Persons who are subjects of the reports
				have the right to examine the protective services information system material
				on their case in accordance with ARM Title 37, chapter 47, subchapter
				6.
Sec.
					 41-3-208,
					 MCA; IMP, Sec.
					 41-3-202,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.47 - PROTECTIVE SERVICES › Subchapter 37.47.6 - Confidentiality of Case Records › Rule 37.47.601 - PROTECTIVE SERVICES: PURPOSE

Current through Register Vol. 13, July 5, 2024
(1) The
				rules of this subchapter govern the disclosure and amendment of case records
				containing reports of child abuse, neglect or exploitation, and identify a
				procedure to administratively challenge a substantiated report of child abuse,
				neglect, or exploitation.
2-4-201,
					 41-3-208,
					 MCA; IMP,
					 2-4-201,
					 41-3-205,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.47 - PROTECTIVE SERVICES › Subchapter 37.47.6 - Confidentiality of Case Records › Rule 37.47.602 - PROTECTIVE SERVICES: DEFINITIONS

Current through Register Vol. 13, July 5, 2024
For purposes of this subchapter, the following definitions
				  apply:
(1) "A person responsible for a
				child's welfare" means those persons specified in
				41-3-102,
				MCA.
(2) "Case records" means any
				records maintained by the department relating to reports and investigations of
				child abuse, neglect, or exploitation. Photographs, video and audio recordings
				may also be included as part of the case record. The term does not include
				confidential reports or evaluations, such as psychological evaluations,
				provided to the department by other professionals, or licensing or registration
				files of providers licensed, registered, or certified by the
				department.
(3) "Child abuse or
				neglect" means that defined in
				41-3-102,
				MCA, including the various definitions for the types of abuse, neglect, and
				exploitation.
(4) "Confidential
				information" means information in case records that is restricted by law from
				being disclosed.
(5) "Department"
				means the department of public health and human services.
(6) "Disclosure" means to release for
				inspection or copying or to make known or reveal in any manner any information
				contained in case records.
(7)
				"Founded report" means that, after an investigation, the investigating worker
				has determined that there is probable cause to believe that an act of child
				abuse or neglect occurred.
(8)
				"Report of child abuse, neglect, or exploitation" means a referral alleging
				that a child may be abused, neglected, or exploited.
(9) "Subject" means the person responsible
				for a child's welfare who is the alleged perpetrator of the child abuse,
				neglect, or exploitation.
(10)
				"Substantiated report" means that, after an investigation, the investigating
				worker has determined by a preponderance of the evidence that the reported act
				of child abuse, neglect, or exploitation occurred, and that the perpetrator of
				the abuse, neglect, or exploitation may pose a danger to children.
AUTH:
					 2-4-201,
					 41-3-208,
					 52-3-205,
					 MCA; IMP:
					 2-4-201,
					 41-3-102,
					 41-3-202,
					 41-3-205,
					 52-3-205,
					 MCA
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.47 - PROTECTIVE SERVICES › Subchapter 37.47.6 - Confidentiality of Case Records › Rule 37.47.607 - PROTECTIVE SERVICES: DISCLOSURE

Current through Register Vol. 13, July 5, 2024
(1) Case
				records may be disclosed to those individuals or entities referred to in the
				applicable provisions of
				41-3-205,
				MCA.
2) The department may prevent
				the disclosure of any portions of the case record if:
(a) the disclosure of the information is
				determined to be detrimental to the child or harmful to any person named in the
				records, in accordance with
				41-3-205,
				MCA; or
(b) the disclosure is
				prohibited by:
(i) the federal Health
				Insurance Portability and Accountability Act (HIPAA), found at
				42 USC
				1320 d et seq., and associated federal
				regulations;
(ii) the Government
				Health Care Information Act found in Title 50, chapter 16, part 6, MCA;
				or
(iii) the Montana Criminal
				Justice Information Act found in Title 44, chapter 5, MCA.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.47 - PROTECTIVE SERVICES › Subchapter 37.47.6 - Confidentiality of Case Records › Rule 37.47.608 - PROTECTIVE SERVICES: PROCEDURES

Current through Register Vol. 13, July 5, 2024
(1)
				Requests for disclosure must be in writing to the department.
(a) The department shall respond to a request
				for disclosure within 30 calendar days of the request.
(b) If the request for disclosure is denied,
				the department shall notify the person requesting the information in writing of
				the reasons for denial.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.47 - PROTECTIVE SERVICES › Subchapter 37.47.6 - Confidentiality of Case Records › Rule 37.47.609 - PROTECTIVE SERVICES: REQUEST FOR REVIEW AND AMENDMENT OF THE RECORD (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 2-4-201,
					 41-3-208 and
					 52-3-205,
					 MCA; IMP, Sec.
					 2-4-201,
					 41-3-205
					 and
					 52-3-205,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.47 - PROTECTIVE SERVICES › Subchapter 37.47.6 - Confidentiality of Case Records › Rule 37.47.610 - CHILD PROTECTIVE SERVICES: RIGHT TO FAIR HEARING TO CONTEST SUBSTANTIATED REPORTS

Current through Register Vol. 13, July 5, 2024
(1) The subject of
				a child abuse or neglect report that is determined to be substantiated may
				request a fair hearing.
(2) The
				request for a fair hearing must be in writing and be sent within 30 days after
				the date of mailing of the department's initial notice of its substantiation
				determination. The request must be sent to the Department of Public Health and
				Human Services, Office of Legal Affairs, P.O. Box 4210, Helena, MT
				59604.
(3) Upon receipt of the
				request for a fair hearing, the department will conduct an informal review of
				the substantiated report and the case record information.
(a) The informal review is limited to the
				records and documentation relevant to the case, and any written material
				provided by the subject. The informal review is not subject to the provisions
				of the Montana Administrative Procedure Act, Title 2, chapter 4, MCA.
(b) If, after the informal review, the
				department determines that the substantiated report is in error, the department
				will amend the finding to reflect that the report is unfounded,
				unsubstantiated, or founded. The subject will be notified of the
				decision.
(c) If, after the
				informal review, the department determines that the substantiated report is not
				in error, the department will notify the department's Office of Fair Hearings
				so that a hearing date and time may be scheduled.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.47 - PROTECTIVE SERVICES › Subchapter 37.47.6 - Confidentiality of Case Records › Rule 37.47.613 - CHILD PROTECTIVE SERVICES: LISTING OF DETERMINATION IN THE PROTECTION INFORMATION SYSTEM

Current through Register Vol. 13, July 5, 2024
(1) When the
				department determines that a report of child abuse or neglect is substantiated
				pursuant to ARM 37.47.612, the department will initially list its determination
				in its protective services information system provided in ARM 37.47.315 that
				the report's final determination is pending. The report will be pending for a
				period of 30 days from the date of the department's initial notice to the
				subject.
(2) If, after receiving the
				initial notice of the department's determination that the results of any child
				abuse and neglect investigation are substantiated, the subject does not request
				a fair hearing within the 30-day time period required by ARM 37.47.610(2), the
				department will list the report in its protective services information system
				as substantiated.
(3) If the
				subject requests a fair hearing pursuant to ARM 37.47.610(2), the department's
				determination will be listed as pending in its protective services information
				system until all administrative and judicial appeals have been
				decided.
(4) Reports of child abuse
				or neglect that are determined to be unsubstantiated will be listed in the
				department's protective services information system described in ARM 37.47.315,
				for a period of three years from the date of the report, unless the report is
				associated with a prior or subsequent report that is substantiated.
(5) Reports of child abuse or neglect that
				are determined to be substantiated will be listed in the department's
				protective services information system described in ARM 37.47.315 in
				perpetuity, subject to the confidentiality provisions of ARM
				37.47.614.
AUTH:
					 2-4-201,
					 41-3-208,
					 MCA; IMP:
					 2-4-201,
					 41-3-202,
					 41-3-204,
					 MCA
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.47 - PROTECTIVE SERVICES › Subchapter 37.47.6 - Confidentiality of Case Records › Rule 37.47.614 - USE OF DETERMINATIONS IN CHILD ABUSE OR NEGLECT REPORT INVESTIGATIONS

Current through Register Vol. 13, July 5, 2024
(1) Findings,
				determinations, and associated case records on child abuse or neglect reports
				that are determined as unfounded, unsubstantiated, or founded are considered
				detrimental to the subject of the report and cannot be disclosed to any person
				other than the subject of the report without a valid court order.
(2) Child abuse or neglect reports that are
				determined to be unfounded, unsubstantiated, or founded cannot be the sole
				basis to deny a person a license to provide foster care, kinship care, or to be
				employed in a capacity where they have unsupervised access to
				children.
(3) Findings,
				determinations, and associated case records on child abuse or neglect reports
				that are determined to be substantiated are confidential, but may be disclosed
				pursuant to
				41-3-205,
				MCA.
(4) Child abuse or neglect
				reports that are determined to be substantiated may be used as a basis to deny
				a person a license to provide foster care, kinship care, or to be employed in a
				capacity where they have unsupervised contact with children.
(5) Nothing in this rule prohibits the
				department or its personnel from using the facts discovered during an
				investigation and the associated case record of a child abuse or neglect report
				investigation, as necessary, to support district court actions under Title 41
				of the Montana Code Annotated or the department's administrative
				process.
AUTH:
					 41-3-205,
					 41-3-304,
					 MCA; IMP:
					 41-3-205,
					 41-3-304,
					 MCA
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.47 - PROTECTIVE SERVICES › Subchapter 37.47.6 - Confidentiality of Case Records › Rule 37.47.615 - CHILD PROTECTIVE SERVICES: EXCEPTIONS TO RIGHT TO FAIR HEARING

Current through Register Vol. 13, July 5, 2024
(1) The subject of
				a substantiated report of child abuse, neglect, or exploitation is not entitled
				to a fair hearing if:
(a) the subject has
				been criminally convicted, as defined in
				45-2-101(15),
				MCA, of an offense related to child abuse, neglect, or exploitation which
				contains the same facts as the substantiated report and involves the same child
				victim; or
(b) pursuant to
				41-3-437(2)
				or
				41-3-434,
				MCA, there has been a district court adjudication, or a stipulation by the
				parents, that the child in the substantiated report is a youth in need of care,
				as defined in
				41-3-102,
				MCA; and
(i) the facts of the district court
				adjudication, or the allegations in the affidavit in the case of a stipulation,
				are the same as that of the substantiated report; and
(ii) the subject of the substantiated report
				is the perpetrator of the child abuse, neglect, or exploitation; or
(c) a court or administrative
				hearing officer has made any adjudication in a prior proceeding as to the
				factual findings of the child abuse, neglect, or exploitation contained in the
				substantiated report.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.47 - PROTECTIVE SERVICES › Subchapter 37.47.9 - Home Attendant Services › Rule 37.47.901 - HOME ATTENDANT SERVICES, DEFINITION

Current through Register Vol. 13, July 5, 2024
(1) Home
				attendant services consist of general household activities performed by a home
				attendant. Such services are provided to a person who is unable to manage his
				home or care for himself or others in the home or when another who is regularly
				responsible for these activities on behalf of that person is absent.
Sec.
					 53-2-201,
					 MCA; IMP, Sec.
					 53-2-201,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.47 - PROTECTIVE SERVICES › Subchapter 37.47.9 - Home Attendant Services › Rule 37.47.904 - HOME ATTENDANT SERVICES, ELIGIBILITY

Current through Register Vol. 13, July 5, 2024
(1) In
				order to be considered by the department for receipt of home attendant
				services, a person must be eligible for one of the following categories of
				service:
(a) aid to families and dependent
				children (AFDC) ;
(b) supplemental
				security income (SSI) ;
(c)
				medicaid;
(d) child protective
				services; or
(e) adult protective
				services.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.47 - PROTECTIVE SERVICES › Subchapter 37.47.9 - Home Attendant Services › Rule 37.47.905 - HOME ATTENDANT SERVICES, SERVICES AVAILABLE

Current through Register Vol. 13, July 5, 2024
(1)
				Home attendant services may include but are not limited to:
(a) household management services;
(b) health supportive services;
(c) social restorative services;
(d) teaching services; and
(e) personal care attendant
				services.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.47 - PROTECTIVE SERVICES › Subchapter 37.47.9 - Home Attendant Services › Rule 37.47.910 - TERMINATION OF HOME ATTENDANT SERVICES

Current through Register Vol. 13, July 5, 2024
(1) The
				recipient may request that home attendant services be discontinued or may
				request a change of home attendant. The social worker must act on this
				request.
(2) The department may, in
				its discretion and in accordance with these rules, terminate home attendant
				services to a recipient.
(a) The social
				worker must inform the recipient both in person and in writing of the decision
				to discontinue services and the reasons.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.47 - PROTECTIVE SERVICES › Subchapter 37.47.10 - Battered Spouses and Domestic Violence Program › Rule 37.47.1001 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
"Department" means the department of public health and human
				  services.
(1) "Grant application"
				means a written application to the department under the terms of Title 40,
				chapter 2, part 4, MCA and these rules.
(2) "Domestic violence" means any act or
				threatened act of violence, including any forceful detention of an individual
				which results or threatens to result in physical injury and is committed by a
				person against another person to whom such person is or was married or with
				whom the assaulted person cohabits or formerly cohabited. "Spouse abuse" is
				included within the definition of "domestic violence".
(3) "Local battered spouse and domestic
				violence program" means a community-based program directed at the problems of
				domestic violence which may include but is not limited to providing direct
				services to victims of domestic violence.
(4) "Shelter" means a permanent facility that
				offers emergency, short term shelter to victims of domestic violence and may
				provide other support services such as crisis counseling and referral to
				appropriate community services.
(5)
				"Safe homes" means private homes available to provide emergency short term
				shelter to victims of domestic violence when needed.
(6) "Local contribution" means the 20% of the
				operational costs of the program in the form of cash or in-kind contributions
				generated from the community to be served.
(7) "In-kind contributions" means program
				support other than direct funding and may include such things as volunteer
				time, donated space and donated supplies.
(8) "Local control unit" means a
				community-based body which may be a governmental entity or non-profit board,
				agency or committee which is responsible and accountable for the administration
				and execution of the program.
(9)
				"Counseling" means crisis or longer term individual or group counseling by
				professionals or trained volunteers for victims and others involved in domestic
				violence situations.
(10) "Advocacy
				programs" means programs that assist or act on behalf of victims in obtaining
				such things as services and information.
(11) "Educational programs" means programs
				related to battered spouses and domestic violence which may be designed for the
				community at large or specialized groups such as hospital personnel and law
				enforcement officials.
Sec.
					 40-2-402,
					 MCA; IMP, Sec.
					 40-2-401,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.47 - PROTECTIVE SERVICES › Subchapter 37.47.10 - Battered Spouses and Domestic Violence Program › Rule 37.47.1005 - DEPARTMENT ADMINISTRATIVE POLICIES AND RESPONSIBILITIES

Current through Register Vol. 13, July 5, 2024
(1) The goal of the department is to develop
				a coordinated, comprehensive, statewide network of local domestic violence
				programs. In keeping with this goal, grants will be allocated for:
(a) expansion or maintenance of existing
				programs;
(b) new programs;
				and
(c) innovative programs with
				the potential for replication.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.47 - PROTECTIVE SERVICES › Subchapter 37.47.10 - Battered Spouses and Domestic Violence Program › Rule 37.47.1008 - AWARDING GRANTS, CRITERIA

Current through Register Vol. 13, July 5, 2024
(1) Grants will
				be awarded on the basis of these rules and the following criteria:
(a) demonstrated need as documented by such
				sources as data from the community involving incidence of the domestic violence
				needs assessments, inadequacy of resources to meet needs, and community letters
				of support;
(b) project merit which
				will include factors such as cost benefit and clear meeting of identified
				needs;
(c) administrative design
				which includes method of evaluation, program organizational structure such as
				staff and board of directors if applicable, and relationships with other
				community organizations and agencies; and
(d) efficiency of administration including
				the maximum use of other resources and the capability to sustain programs
				without grant money.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.47 - PROTECTIVE SERVICES › Subchapter 37.47.10 - Battered Spouses and Domestic Violence Program › Rule 37.47.1015 - GRANT APPLICATION, ELIGIBILITY REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1) Local control by a community-based body
				must be documented through a description of that body and names and addresses
				of key individuals who will be responsible and accountable for the
				program.
(2) There shall be no
				residency requirement for persons served by programs to which grants are
				awarded.
(3) Shelters must be
				licensed by the state department of public health and human services as a
				"rooming house" in order to be eligible for a grant award.
(4) Programs which include any payments to
				safe homes must document that the homes carry home owners liability and fire
				insurance.
(5) Programs which
				include funding for counseling services must demonstrate that the counseling is
				directed towards assisting the victim and others involved to be free from
				violent situations.
(6) Programs
				that include funding for advocacy services must keep records that document
				results in assisting victims.
(7)
				Programs that include funding for educational programs must define clear
				objectives and include an evaluation design.
Sec.
					 40-2-402,
					 MCA; IMP, Sec.
					 40-2-401,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.47 - PROTECTIVE SERVICES › Subchapter 37.47.10 - Battered Spouses and Domestic Violence Program › Rule 37.47.1020 - GRANT APPLICATION, GENERAL REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1) Three copies of the grant application
				should be sent to the Montana Department of Public Health and Human Services,
				Child and Family Services Division, Domestic Violence Grant Program, P.O. Box
				202951, Helena, Montana 59620.
(2)
				Although not required, it is suggested that:
(a) the application should be typed, printed
				or otherwise legibly reproduced on 8 2 x 11" paper; and
(b) all pages be consecutively
				numbered.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.47 - PROTECTIVE SERVICES › Subchapter 37.47.10 - Battered Spouses and Domestic Violence Program › Rule 37.47.1021 - GRANT APPLICATION, CONTENT REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1) Each grant application must include:
(a) project title;
(b) applicant's name, title, address, and
				phone number;
(c) statement
				demonstrating compliance with ARM
				37.47.1015 eligibility
				requirements;
(d) amount
				requested;
(e) amount of match --
				cash, in-kind and total;
(f)
				signature(s) of responsible person(s) ;
(g) statements regarding protection of rights
				for confidentiality and nondiscrimination; and
(h) budget balance sheet and budget
				justification.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.49 - IV-E FOSTER CARE SERVICES › Subchapter 37.49.1 - General Requirements › Rule 37.49.102 - IV-E FOSTER CARE ELIGIBILITY: GENERAL REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1) IV-E eligibility for a child who has been
				placed in substitute care shall be determined based on circumstances in the
				month of eligibility as defined in ARM
				37.49.101.
(2) A child shall be determined IV-E eligible
				if:
(a) the child was placed in substitute
				care:
(i) pursuant to a voluntary placement
				agreement entered into by the child's parent or legal guardian; or
(ii) by an order issued by a court of
				competent jurisdiction pursuant to the provisions of Title 41, chapter 3,
				MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.49 - IV-E FOSTER CARE SERVICES › Subchapter 37.49.1 - General Requirements › Rule 37.49.106 - IV-E FOSTER CARE ELIGIBILITY: RESIDENCY

Current through Register Vol. 13, July 5, 2024
(1)
				In order for a child to be IV-E eligible, the parent or parents of the child
				must be residents of the state of Montana in the month of eligibility. There is
				no durational residency requirement for the child's parent or
				parents.
(2) After a child is
				determined to be IV-E eligible, eligibility shall not be lost due to a change
				in residence of the child and/or the child's parents, and the state of Montana
				shall pay the IV-E foster care maintenance payments for the child as long as
				the child is eligible for benefits. However, if the child is living or
				physically located in a state other than Montana after the month of
				eligibility, the state which shall be responsible for providing medicaid
				coverage for the child shall be determined in accordance with the residency
				provisions of
				42 CFR 435.403,
				as amended through October 1, 1997, which are hereby adopted and incorporated
				by reference. A copy of this regulation may be obtained from the Department of
				Public Health and Human Services, Office of Legal Affairs, 111 N. Sanders, P.O.
				Box 4210, Helena, MT 59604-4210.
Sec.
					 53-2-201
					 and
					 53-6-113,
					 MCA; IMP, Sec.
					 53-2-201
					 and
					 53-6-131,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.49 - IV-E FOSTER CARE SERVICES › Subchapter 37.49.1 - General Requirements › Rule 37.49.107 - IV-E FOSTER CARE ELIGIBILITY: CITIZENSHIP

Current through Register Vol. 13, July 5, 2024
(1) As a condition of IV-E eligibility and to
				receive IV-E maintenance payments and/or medicaid, a child must be either a
				citizen of the United States, a person born in Samoa who is not a U.S. citizen,
				or a qualified alien as defined in the Personal Responsibility and Work
				Opportunity Reconciliation Act of 1996,
				P.L.
				104-193,
				section
				431 (b) (1) through (6).
Sec.
					 53-2-201
					 and
					 53-6-113,
					 MCA; IMP, Sec.
					 53-2-201
					 and
					 53-6-131,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.49 - IV-E FOSTER CARE SERVICES › Subchapter 37.49.1 - General Requirements › Rule 37.49.108 - IV-E FOSTER CARE ELIGIBILITY: AGE

Current through Register Vol. 13, July 5, 2024
(1) As a
				condition of IV-E eligibility, a child must be:
(a) under the age of 18; or
(b) age 18 or older if the child is a
				full-time student in a secondary school who is reasonably expected to obtain a
				secondary school diploma or its equivalent in or before the month of the
				child's 19th birthday.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.49 - IV-E FOSTER CARE SERVICES › Subchapter 37.49.1 - General Requirements › Rule 37.49.112 - IV-E FOSTER CARE ELIGIBILITY: LIVING WITH A SPECIFIED RELATIVE

Current through Register Vol. 13, July 5, 2024
(1) As a condition of IV-E eligibility, a
				child who is removed from the custody of a parent or other relative must have
				been living with any relative who is related by blood, including half blood, or
				by marriage or adoption, and who is within the fifth degree of kinship to the
				child. At some time during the six months immediately prior to the month of
				eligibility, the child must have lived with the relative in a place of
				residence maintained as the relative's home.
(2) The specified relative with whom the
				child resided during the six months prior to the month of eligibility must be
				the child's parent, grandparent, great grandparent, great-great grandparent,
				great-great-great grandparent, sibling, uncle, aunt, great uncle, great aunt,
				great-great uncle, great-great aunt, first cousin, first cousin once removed,
				nephew, or niece. Steprelatives of the same degree of kinship are also
				considered to be within the required degree of kinship; for example,
				stepparent, stepgrandparent or stepsibling.
(3) A spouse of any of the relatives named in
				(1) or (2) is considered to be within the required degree of kinship, even
				after the marriage has been terminated by death or divorce.
(4) The child must be placed in foster care
				after being removed from the legal custody of a parent or other legal
				custodian. Removal may occur under the terms of an agreement providing for
				foster care placement signed by a person with legal custody of the child or as
				a result of a petition filed by the department, a tribe, another state agency
				or a licensed child placing agency seeking to declare the child a youth in need
				of care.
Sec.
					 53-2-201
					 and
					 53-6-113,
					 MCA; IMP, Sec.
					 53-2-201
					 and
					 53-6-131,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.49 - IV-E FOSTER CARE SERVICES › Subchapter 37.49.1 - General Requirements › Rule 37.49.113 - IV-E ELIGIBILITY: DEPRIVATION OF PARENTAL SUPPORT

Current through Register Vol. 13, July 5, 2024
(1) As a condition of IV-E eligibility, a
				child must be deprived of parental support in the month of eligibility due to:
(a) death of a parent or parents;
(b) continued absence of a parent or
				parents;
(c) physical or mental
				incapacity of a parent or parents; or
(d) unemployment of parent.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.49 - IV-E FOSTER CARE SERVICES › Subchapter 37.49.2 - Household Eligibility › Rule 37.49.201 - IV-E FOSTER CARE ELIGIBILITY: STEPPARENT HOUSEHOLDS

Current through Register Vol. 13, July 5, 2024
(1) A stepparent household is one in which a
				parent who lives with the child or children for whom a IV-E eligibility
				determination is being made or sought is married to and living with a person
				who is not the natural or adoptive parent of at least one of the children for
				whom IV-E eligibility is being determined.
Sec.
					 53-2-201
					 and
					 53-6-113,
					 MCA; IMP, Sec.
					 53-2-201
					 and
					 53-6-131,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.49 - IV-E FOSTER CARE SERVICES › Subchapter 37.49.2 - Household Eligibility › Rule 37.49.204 - IV-E FOSTER CARE ELIGIBILITY: INCLUSION IN THE FILING UNIT

Current through Register Vol. 13, July 5, 2024
(1) The child's IV-E eligibility is based on
				the total countable income and resources of all members of the filing unit in
				the month of eligibility.
(2)
				Except as provided in (3) below, the following individuals must be included in
				the child's filing unit:
(a) the child for
				whom IV-E eligibility is being determined;
(b) any natural or adoptive parent of the
				child with whom the child was living in that month; and
(c) any blood-related or adoptive brother or
				sister of the child with whom the child was living in that month, including
				half brothers or sisters.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.49 - IV-E FOSTER CARE SERVICES › Subchapter 37.49.3 - Child Support Eligibility Requirements › Rule 37.49.301 - CHILD AND MEDICAL SUPPORT REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1)
				Except as provided in (2), in every case where a child is receiving IV-E foster
				care maintenance payments and/or medicaid benefits based on the absence of a
				parent from the home, the child's specified caretaker relative must:
(a) assign child and/or medical support
				rights to the department; and
(b)
				cooperate in establishing paternity and obtaining child and/or medical
				support.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.49 - IV-E FOSTER CARE SERVICES › Subchapter 37.49.4 - Income › Rule 37.49.401 - IV-E ELIGIBILITY: A CONDITION OF NEED MUST EXIST

Current through Register Vol. 13, July 5, 2024
(1) A child is not IV-E eligible unless the
				requirements in ARM
				37.49.102 are met.
(2) After the initial determination of IV-E
				financial eligibility, the child is not eligible for IV-E benefits as specified
				in ARM 37.49.102(4) (a) and
				(b) unless:
(a) deprivation of parental support as
				defined in ARM
				37.49.113 exists, and:
(i) the child is under 18 years of age;
				or
(ii) the youth is age 18 or a
				full-time student in a secondary school and is reasonably expected to obtain a
				secondary school diploma or its equivalent in or before the month of the
				child's 19th birthday; and
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.49 - IV-E FOSTER CARE SERVICES › Subchapter 37.49.4 - Income › Rule 37.49.404 - IV-E FOSTER CARE ELIGIBILITY: INCOME

Current through Register Vol. 13, July 5, 2024
(1)
				Income standards as set forth in ARM
				37.49.407 are used to determine
				whether a child or children is IV-E eligible based on income. Two sets of
				income standards are used. They are as follows:
(a) the gross monthly income (GMI) standards,
				which specify the maximum level of gross monthly income a filing unit with a
				particular number of members may have to be IV-E eligible; and
(b) the net monthly income (NMI) standards,
				which specify the maximum level of net monthly income a filing unit with a
				particular number of members may have to be IV-E eligible.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.49 - IV-E FOSTER CARE SERVICES › Subchapter 37.49.4 - Income › Rule 37.49.405 - IV-E FOSTER CARE ELIGIBILITY: TREATMENT OF INCOME

Current through Register Vol. 13, July 5, 2024
(1) All available income of any required
				member of the filing unit is counted in determining IV-E eligibility, unless a
				specific provision elsewhere in this chapter provides that the income will be
				excluded, disregarded, or otherwise not counted.
(2) Income averaging may be used to determine
				monthly income if:
(a) income information is
				obtained for an annual or quarterly period of time. In such cases, the monthly
				income is calculated by dividing the total amount of income by the number of
				months the payment or payments are intended to cover; or
(b) income fluctuates significantly from
				month to month. An example would be an employee paid an hourly wage whose hours
				worked vary from month to month.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.49 - IV-E FOSTER CARE SERVICES › Subchapter 37.49.4 - Income › Rule 37.49.406 - IV-E ELIGIBILITY: DEEMING OF INCOME

Current through Register Vol. 13, July 5, 2024
(1) The income of certain individuals who
				live with the filing unit but are not members of the filing unit is considered
				in determining IV-E eligibility. The income of such individuals is considered
				by means of a procedure known as "deeming" which is described in (3).
(2) The income of the following individuals
				is deemed to be available to the filing unit:
(a) a stepparent, i.e., a person who is not
				the natural or adoptive parent of any child in the filing unit but is married
				to the parent of a child in the filing unit;
(b) a sponsor of an alien for the three years
				immediately following the alien's entry into the United States; and
(c) a parent of a minor parent if the minor
				parent's child is the child placed in substitute care.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.49 - IV-E FOSTER CARE SERVICES › Subchapter 37.49.4 - Income › Rule 37.49.407 - IV-E FOSTER CARE ELIGIBILITY: TABLES OF INCOME STANDARDS

Current through Register Vol. 13, July 5, 2024
(1) The following income standards will be
				used as provided in ARM
				37.49.404 to determine IV-E
				eligibility:
(a)
GROSS MONTHLY INCOME STANDARDS
Number of Persons in
Household
With Shelter Obligation
Per
							 Month
Without Shelter Obligation
Per Month
1
$ 616
$ 224
2
823
361
3
1,032
496
4
1,241
629
5
1,449
751
6
1,658
868
7
1,867
984
8
2,074
1,093
9
2,176
1,195
10
2,276
1,295
11
2,364
1,382
12
2,451
1,469
13
2,529
1,547
14
2,601
1,621
15
2,673
1,693
16
2,736
1,756
(b)
NET MONTHLY INCOME STANDARDS
Number of Persons in
Household
With Shelter Obligation
Per
							 Month
Without Shelter Obligation
Per
							 Month
1
$ 333
$ 121
2
445
195
3
558
268
4
671
340
5
783
406
6
896
469
7
1,009
532
8
1,121
591
9
1,176
646
10
1,230
700
11
1,278
747
12
1,325
794
13
1,367
836
14
1,406
876
15
1,445
915
16
1,479
949
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.49 - IV-E FOSTER CARE SERVICES › Subchapter 37.49.4 - Income › Rule 37.49.412 - IV-E FOSTER CARE ELIGIBILITY: EXCLUDED EARNED INCOME

Current through Register Vol. 13, July 5, 2024
(1) The following earned income is not
				counted when comparing the filing unit's gross monthly income to the applicable
				GMI standard:
(a) the earned income of a
				dependent child who is a full-time student;
(b) income received by a dependent child
				under section 503 of the Job Training Partnership Act (JTPA) of 1982, P.L.
				97-300; and
(c) earned income tax
				credit (EITC) advance payments and refunds.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.49 - IV-E FOSTER CARE SERVICES › Subchapter 37.49.4 - Income › Rule 37.49.413 - IV-E FOSTER CARE ELIGIBILITY: EARNED INCOME DISREGARDS

Current through Register Vol. 13, July 5, 2024
(1) To determine the net monthly income which
				will be compared to the applicable NMI standard, the disregards set forth in
				(2) (a) and (b) below are subtracted from the total gross earned income of each
				member of the filing unit after the exclusions provided in ARM
				37.49.412 have been
				applied.
(2) The following
				disregards will be applied in the order listed:
(a) a standard work expense disregard of $90
				for each member of the filing unit who has earned income; and
(b) $30 plus 1/3 of the balance of earned
				income for each member of the filing unit who has earned income; and
(c) a dependent care disregard for payments
				made by a member of the filing unit for the care of a dependent child or
				incapacitated adult living in the same home as the filing unit, provided that:
(i) the amount disregarded may not exceed
				$175 per month per person for persons 2 years of age or older or $200 per month
				per child for children younger than 2 years of age;
(ii) the disregard applies only to payments
				for care during the time when the employed member of the filing unit is at the
				place of employment or en route between the place of employment and the site of
				the dependent care; and
(iii) only
				amounts paid or due for the month for which eligibility is being determined may
				be disregarded.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.49 - IV-E FOSTER CARE SERVICES › Subchapter 37.49.4 - Income › Rule 37.49.414 - IV-E FOSTER CARE ELIGIBILITY: EXCLUDED UNEARNED INCOME

Current through Register Vol. 13, July 5, 2024
(1) The following unearned income is not
				counted when comparing the filing unit's gross monthly income and net monthly
				income to the applicable GMI and NMI standards:
(a) complementary assistance from other
				agencies and organizations which consists of:
(i) goods and services not intended to be
				covered by the TANF cash assistance grant; or
(ii) a supplement to TANF cash assistance
				payments for a different purpose;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.49 - IV-E FOSTER CARE SERVICES › Subchapter 37.49.5 - Resources › Rule 37.49.501 - IV-E FOSTER CARE ELIGIBILITY: RESOURCE LIMITATION

Current through Register Vol. 13, July 5, 2024
(1) A child is not IV-E eligible if the
				equity value of combined countable resources of all members of the filing unit
				exceeds $10,000 in the month of eligibility.
(2) After the initial determination of
				eligibility, the child is not eligible for IV-E benefits as specified in ARM
				37.49.102(4) (a) and
				(b) if the equity value of the child's
				countable resources exceeds $10,000.
(3) All real and personal property is counted
				in determining eligibility if any member of the filing unit has the legal right
				or actual ability to liquidate the property or the member's interest in the
				property for cash, unless it is a resource specifically excluded in ARM
				37.49.502.
Sec.
					 53-2-201
					 and
					 53-6-113,
					 MCA; IMP, Sec.
					 53-2-201
					 and
					 53-6-131,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.49 - IV-E FOSTER CARE SERVICES › Subchapter 37.49.6 - Eligibility Determinations › Rule 37.49.601 - IV-E FOSTER CARE ELIGIBILITY: PLACE OF APPLICATION

Current through Register Vol. 13, July 5, 2024
(1) Application for IV-E eligibility must be
				submitted to the office of public assistance in the county of residence of the
				specified caretaker relative with whom the child lived immediately prior to
				being placed in foster care.
Sec.
					 53-2-201
					 and
					 53-6-113,
					 MCA; IMP, Sec.
					 53-2-201
					 and
					 53-6-131,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.49 - IV-E FOSTER CARE SERVICES › Subchapter 37.49.6 - Eligibility Determinations › Rule 37.49.602 - IV-E FOSTER CARE ELIGIBILITY: PERIODIC REDETERMINATIONS OF ELIGIBILITY

Current through Register Vol. 13, July 5, 2024
(1) After the initial determination of IV-E
				eligibility, the child's IV-E eligibility and eligibility for benefits as
				specified in ARM
				37.49.102(4) (a) and
				(b) shall be investigated and redetermined
				every 6 months.
Sec.
					 53-2-201
					 and
					 53-6-113,
					 MCA; IMP, Sec.
					 53-2-201
					 and
					 53-6-131,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.49 - IV-E FOSTER CARE SERVICES › Subchapter 37.49.6 - Eligibility Determinations › Rule 37.49.606 - IV-E FOSTER CARE ELIGIBILITY: SAFEGUARDING AND SHARING INFORMATION

Current through Register Vol. 13, July 5, 2024
(1) Use and disclosure of information
				concerning applicants for or recipients of IV-E eligibility are restricted to
				purposes directly connected with the administration of the IV-E program, except
				as provided in
				42 USC
				671 (a) (8) and (9), as amended through July
				16, 1996, which governs use and disclosure of information in the IV-E foster
				care program. The department hereby adopts and incorporates by reference
				42 USC
				671 (a) (8) and (9) as amended through July
				16, 1996. A copy of
				42 USC
				671 (a) (8) and (9) as amended through July
				16, 1996, may be obtained from the Department of Public Health and Human
				Services, Office of Legal Affairs, 111 North Sanders Street, P.O. Box 4210,
				Helena, MT 59604-4210.
Sec.
					 53-2-201
					 and
					 53-6-113,
					 MCA; IMP, Sec.
					 53-2-201
					 and
					 53-6-131,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.49 - IV-E FOSTER CARE SERVICES › Subchapter 37.49.7 - Termination and Hearing Rights › Rule 37.49.701 - IV-E FOSTER CARE ELIGIBILITY: GROUNDS FOR TERMINATION OF BENEFITS; NOTICE OF TERMINATION

Current through Register Vol. 13, July 5, 2024
(1) If a child is
				determined to be IV-E eligible, eligibility continues as long as the child
				remains in state or tribal custody or jurisdiction regardless of subsequent
				changes in the filing unit's income or resources. However, eligibility no
				longer exists when the child is age 18 unless the child is a full-time student
				in a secondary school who is reasonably expected to obtain a secondary school
				diploma or its equivalent in or before the month of their 19th birthday and is
				under the jurisdiction of a tribe whose code allows for foster care past the
				age of 18.
(2) When a child becomes
				ineligible for IV-E benefits, a written notice must be sent to the placing
				worker at least 10 days prior to the date on which the benefits will terminate,
				except as provided in (3) (a) through (c) (ii). The notice must state that the
				benefits are being terminated, the reason for the termination, and the date on
				which the benefits will terminate. The notice must also contain information
				about the right to a fair hearing and to contact the department prior to the
				effective date of termination to discuss any disagreement or misunderstanding
				regarding eligibility.
(3) The
				department is not required to send notice 10 days prior to the date of
				termination but must send notice not later than the date of termination if:
(a) the department has information from a
				reliable source that the child has died;
(b) the child's whereabouts are unknown;
				or
(c) the placing worker has
				signed a written statement which:
(i)
				requests the termination of benefits for the child; or
(ii) contains information which indicates
				that the child is no longer eligible for benefits and also contains an
				acknowledgment that benefits for the child must be terminated as a result of
				that information.