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| Montana Administrative Register Notice 37-570 | No. 22 11/25/2011 | |
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BEFORE THE DEPARTMENT OF PUBLIC HEALTH AND HUMAN SERVICES OF THE STATE OF MONTANA
TO: All Concerned Persons 1. On December 15, 2011, at 10:30 a.m., the Department of Public Health and Human Services will hold a public hearing in the auditorium of the Department of Public Health and Human Services Building, 111 North Sanders, Helena, Montana, to consider the proposed amendment of the above-stated rules. 2. The Department of Public Health and Human Services will make reasonable accommodations for persons with disabilities who wish to participate in this rulemaking process or need an alternative accessible format of this notice. If you require an accommodation, contact Department of Public Health and Human Services no later than 5:00 p.m. on December 7, 2011, to advise us of the nature of the accommodation that you need. Please contact Kenneth Mordan, Department of Public Health and Human Services, Office of Legal Affairs, P.O. Box 4210, Helena, Montana, 59604-4210; telephone (406) 444-4094; fax (406) 444-9744; or e-mail [email protected]. 3. The rules as proposed to be amended provide as follows, new matter underlined, deleted matter interlined: 37.80.101 PURPOSE AND GENERAL LIMITATIONS (1) through (12) remain the same. (13) The Child Care Assistance Program will be administered in accordance with: (a) remains the same. (b) the Montana Child Care Manual in effect on IMP: 52-2-702, 52-2-704, 52-2-713, 52-2-731, 53-2-201, 53-4-211, 53-4-601, 53-4-611, 53-4-612, MCA 37.80.102 DEFINITIONS As used in this chapter, the following definitions apply: (1) "Abuse/misuse of funds" means administrative violations of departmental, agency, or program regulations, which impair the effective and efficient execution of programs. These violations may result in losses or they may result in denial or reduction in lawfully authorized benefits to participants. (1) through (9) remain the same but are renumbered (2) through (10). (11) "Express eligibility" means the procedure used to determine income eligibility for Supplemental Nutrition Assistance Program (SNAP) participants who apply for the Best Beginnings Child Care Scholarship program. (10) remains the same but is renumbered (12). (13) "Fraud" means a legal term which encompasses the intentional, wrongful obtaining of either money or some other advantage or benefit from government programs or commercial operations. Fraud includes theft, embezzlement, false statements, illegal commissions, kickbacks, conspiracies, obtaining contracts through collusive arrangements, and similar devices. (11) through (20) remain the same but are renumbered (14) through (23). (24) "Special circumstances" means those circumstances that might influence equal access or cultural challenges that, if not granted, would interfere with continuity of care for children. (21) and (22) remain the same but are renumbered (25) and (26). IMP: 52-2-704, 52-2-713, 52-2-721, 52-2-722, 52-2-723, 52-2-731, 53-2-201, 53-4-211, 53-4-601, 53-4-611, 53-4-612, MCA 37.80.205 CHILD CARE RATES: PAYMENT REQUIREMENTS (1) through (3) remain the same. (4) Child care providers are entitled to payment only when care is actually provided to the child, (5) through (8) remain the same. 37.80.206 CERTIFIED ENROLLMENT (1) through (2)(b) remain the same. (c) Certified enrollment may not be used for more than (3) and (4) remain the same. AUTH: 52-2-704, MCA IMP: 52-2-704, MCA 37.80.306 LEGALLY CERTIFIED PROVIDERS: CERTIFICATION REQUIREMENTS AND PROCEDURES (1) and (2) remain the same. (3) The applicant and any adult who resides in the applicant's home who might come in contact with children to whom care is provided must provide authorization for criminal, sexual/violent offender registry, and child protective services background checks for the period of time from the present date back to the date of the individual's 18th birthday. (a) If an individual required to have a background check has lived outside the state of Montana at any time after the individual's 18th birthday and is unable to obtain the necessary out-of-state background checks, the individual must complete a Montana Department of Justice criminal justice information network fingerprint background check and will be required annually thereafter at the applicant's expense. (4) In addition to completing all required application forms for certification under this chapter, applicants for certification to provide child care as legally certified providers must truthfully attest in writing that he or she: (a) remains the same. (b) has not been convicted or adjudicated of a crime involving harm to children, or physical or sexual violence against any person, including misdemeanor or felony convictions; (c) remains the same. (d) is not currently diagnosed or receiving therapy or medication for a mental illness or emotional disturbance which might create a risk to children in care. Mental illness or emotional disturbance which might create a risk to children in care shall be determined by a licensed psychologist or psychiatrist. Prior to certification, the department may require that an applicant obtain a psychological or psychiatric evaluation at his or her own expense if there is reasonable cause to believe such a mental illness or emotional disturbance exists; (e) is not chemically dependent upon drugs or alcohol or been convicted or adjudicated of a crime involving drugs or alcohol, including misdemeanor or felony convictions. Chemical dependence on drugs or alcohol shall be determined by a licensed physician or (f) has not been convicted or adjudicated of a crime involving child endangerment, including misdemeanor or felony convictions; or (g) has not been convicted or adjudicated of a crime involving the unlawful possession of a weapon, including misdemeanor or felony convictions. (6) and (7) remain the same but are renumbered (5) and (6). AUTH: 52-2-704, MCA IMP: 52-2-704, 52-2-713, 52-2-721, 52-2-722, 52-2-723, 52-2-731, MCA 37.80.315 RIGHTS AND RESPONSIBILITIES AGREEMENT (1) In addition to complying with all other certification requirements, providers must sign a rights and responsibilities agreement under this chapter, on the form provided by the department. AUTH: 52-2-704, MCA IMP: 52-2-704, 52-2-713, 52-2-721, 52-2-722, 52-2-723, 52-2-731, MCA 37.80.502 CHILD CARE UNDERPAYMENT, OVERPAYMENT, AND OVERCLAIM: CRIMINAL PROSECUTION (1) through (7) remain the same. (8) Overpayments issued to program types whose business structure is sole proprietorship, partnership, or corporation and the business dissolves or otherwise becomes defunct and the department is unable to collect monies owed, the principals, shareholders, officers, or other individuals involved with the business at the time of dissolution are disqualified from receiving Child Care and Development Fund (CCDF) funds under any other business name or entity.
4. STATEMENT OF REASONABLE NECESSITY
The Department of Public Health and Human Services (department) is proposing amendments to ARM 37.80.101, 37.80.102, 37.80.205, 37.80.206, 37.80.306, 37.80.315, and 37.80.502 pertaining to child care assistance. ARM 37.80.101 ARM 37.80.101(13)(b) currently adopts and incorporates by reference the Montana Child Care manual effective February 1, 2011. The department proposes to make revisions to this manual that will take effect on January 27, 2012. The proposed amendment to (13) is necessary to incorporate into the Administrative Rules of Montana the revisions to the manual and to permit all interested parties to comment on the department's policies and to offer suggested changes. Manuals and draft manual material are available for review in each local Office of Public Assistance and on the department's web site at www.best beginnings.mt.gov. The department does not anticipate any adverse effect or any fiscal impact associated with the changes to the manual and to this rule. ARM 37.80.102 The department is updating (1) and (12) of this rule to include definitions added to policy as they relate to fraud and abuse/misuse of scholarship funding. Recent Government Accountability Office (GAO) reports have addressed misuse of funding with federal Child Care Block Grant (CCDF) Funds. The CCDF State Plan is requiring rigorous state review and policy implementation related to administrative and intentional program violations and misuse of funding. The following terms have been added to this rule: abuse/misuse of funds, express eligibility, fraud, and special circumstances. The department does not anticipate any adverse effect or any fiscal impact associated with the changes to the manual and this rule. ARM 37.80.205 The department is updating (4)(a) and (i & ii) to eliminate payment for holidays which occur during the authorized child care period when the child care facility is closed on the day the holiday is observed. Families may elect to use their certified enrollment hours to make up for this reduction. This reduction is part of the department's cost containment strategy. The department expects this change to affect families and providers because of the reduced benefit. It will have a positive fiscal impact to the department of $384,312 because of the associated reduction in payments made. The department is updating (4)(c) by eliminating payment of child care subsidy funds to pay for days when care is not actually provided during times when the child's slot is vacant for a period of not more than 30 calendar days. This provision, known as "hold-the-slot" was typically used for children who spent a portion of their time, such as summer break, with a noncustodial parent. Families may elect to use their certified enrollment hours to make up for this reduction. This reduction is part of the department's cost containment strategy. The department expects this change to affect 46 families and providers because of the reduced benefit. It will have a positive fiscal impact to the department because of the associated reduction in payments made. The amount of this impact is unknown as there is not a data element which tracks this benefit currently operated with policy alone. ARM 37.80.206 The department is updating (2)(c) to revise the number of certified enrollment hours households may use to pay child care facilities requiring payment when a child is temporarily absent. This reduction is part of the department's cost containment strategy. The department expects this change to affect families and providers because of the reduced benefit. It will have a positive fiscal impact of $676,860 because of the associated reduction in payments made. ARM 37.80.306 The department is updating (3) to include the Sexual/Violent Offender Registry as part of the background checks conducted on Legally Certified Providers (LCP). LCPs will receive this scrutiny because there is no additional oversight by the department for this provider type. The department does not anticipate any adverse effect or any fiscal impact associated with this change to this rule. The department is updating (4)(b) to include additional language to which persons applying to be certified as legally certified providers must truthfully attest in writing, including identification of misdemeanor or felony convictions for crimes involving harm to children and physical or sexual violence against any person. The department is updating (4)(e) to include additional language to which persons applying to be certified as legally certified providers must truthfully attest in writing including identification of misdemeanor or felony convictions for crimes involving drugs or alcohol regardless of chemical dependency. The department is updating (4)(f) to include additional language to which persons applying to be certified as legally certified providers must truthfully attest in writing including identification of crimes involving child endangerment. The department is updating (4)(g) to include additional statements to which persons applying to be certified as legally certified providers must truthfully attest in writing including identification of misdemeanor or felony convictions for crimes involving the unlawful possession of a weapon. Background checks for the provider types described in (4) above are increasingly revealing that such convictions put the health and safety of young children at risk. The department believes that even misdemeanor charges should preclude these individuals from providing care to children when departmental staff provide no oversight to this provider type. The department does not anticipate any adverse effect for parents and children; however, the department does see potential adverse effect for providers who may not qualify to provide legally certified care. The department does not anticipate any fiscal impact associated with this change to the manual and to this rule.
The department is updating ARM 37.80.306(5)(a) through (e) by deleting the background check information that applies to the provider type "Legally Certified In-Home Provider (LCI)." Any provider coming under this section of ARM: "Legally Certified Provider" must meet the same background check requirements regardless of location of care. Therefore, (a) through (e) are redundant. The department does not anticipate any adverse effect or any fiscal impact associated with the change to this rule. The department updated (4)(e) by changing the term "certified chemical dependency counselor" to "licensed addiction counselor" in order to use the current designation for this type of counselor in Montana. ARM 37.80.315
The department is updating (1) to delete language regarding the procedure which providers are required to use in completing the Rights and Responsibility form. Prior to the update, the form was collected and tracked through the centralized CCR&R process and providers failing to complete the form were placed on a "do not pay" list until the form was submitted. This proved to be a cumbersome process and punitive in application. The new language reflects the ability of providers to complete and submit the form on line which streamlines the process. By the time these rule and policy changes become effective, this form will be completed and submitted on line and will auto populate the department's database, Child Care Under the Big Sky (CCUBS). The department does not anticipate any adverse effect or any fiscal impact associated with the change to this rule. ARM 37.80.502
The department is adding (8) to include language pertaining to underpayments, overpayments, and over claims. When the structure type of a program, such as corporation, partnership, or sole proprietorship, dissolves, or otherwise becomes defunct, and the department is unable to collect funds owed, individuals involved with those programs as principals, shareholders, officers, or otherwise involved with the business, at the time of dissolution, will be disqualified from receiving CCDF funds under any other business name or entity. The department does not anticipate any adverse effect or any fiscal impact associated with the change to this rule. Child Care Manual Changes Following is a brief overview of the Child Care manual sections with changes related to the above ARM citations. Section 1-3 Overview – Best Beginnings Child Care Scholarships – Definitions As is reflected in the change to ARM 37.80.102(1) and (12) for Definitions 1-3, this manual provision is being updated to add four definitions to ARM. The addition of these definitions will clarify the department's use of these terms with families, providers, and Child Care Resource & Referral eligibility staff. The department does not anticipate any adverse effect or any fiscal impact associated with the changes to the manual. Section 1-7 Overview – Best Beginnings Child Care Scholarships – Parent Eligibility - Overview The department is revising this manual section to clarify eligibility requirements for disabled parents requesting child care assistance. Language has been added to require that in a two parent household, if one parent is disabled and unable to work and also unable to provide care for the child, the remaining parent must meet the single parent work requirement. The single parent work requirement reduces the activity hours from 120 hours in a month to 60 hours and thus avoids undue hardship on these families. The department does not anticipate any adverse effect or any fiscal impact associated with the changes to the manual. Section 1-8 Overview – Best Beginnings Child Care Scholarships – Child Care Provider Eligibility - Overview The department is revising this manual section to remove language associated with "Legally Certified In Home Providers" (LCI). Use of in-home providers will become a special designation within the "Legally Certified Provider" (LCP) provider type rather than its own category. This change will enable the department to apply all requirements for the provider type regardless of location of care. In addition, policy requires that registered or certified providers must annually renew their "Rights and Responsibilities" form kept on file at the centralized Child Care Resource and Referral (CCR&R) Agency. Language has been added to clarify that it is the centralized CCR&R that now tracks these documents. The department does not anticipate any adverse effect or any fiscal impact associated with these changes to the manual. Section 1-10 Overview – Best Beginnings Child Care Scholarships – Timely Notices and Termination The department is revising this manual section to replace the term "unregistered" with "certified" with reference to the provider type Legally Certified Provider. This change was missed with the last policy revision. The department does not anticipate any adverse effect or any fiscal impact associated with this change to the manual. Section 1-12 Overview – Best Beginnings Child Care Scholarships – Fraud Prevention This manual section is new and is being put in place in preparation for the administration of the Child Care Development Block Grant (CCDF) Funds. The CCDF State Plan expectations require specific policies designed to reduce the abuse and misuse of such block grant funds. As part of a commitment to the highest possible standards of openness, integrity, and accountability in its administration of the Best Beginnings Child Care Scholarship Program, the Early Childhood Services Bureau is incorporating this policy in relation to preventing, reporting and managing fraud, abuse, and misuse of funds. The department does not anticipate any adverse effect or any fiscal impact associated with this change to the manual. Section 2-1 Non-TANF Child Care Eligibility – Application Process The department is revising this manual section to include language to enhance the application process for child care assistance. The additional language allows applications for Best Beginnings Child Care Scholarships to be used for an additional 30 calendar days beyond the denial if missing documents are provided within that timeframe. Applicants will not have to complete a new application packet under this change unless 60 calendar days have passed since their initial incomplete application submission. This change is an effort to reduce the amount of paperwork applicants complete to become a scholarship program participant. Also, language has been added to simplify the income eligibility determination process for child care assistance applicants who are also receiving assistance through the SNAP program. Applicants qualifying for "express eligibility" will have the opportunity to indicate their participation in SNAP on their initial application or at the time of recertification. The intent behind this approach is to reduce resource allocation for application processing by the department's contractors. In addition, revisions include minor changes to the wording of this section to strengthen its intended meaning either by adding clarifying wording or deleting misleading wording. The department does not anticipate any adverse effect or any fiscal impact associated with this change to the manual. Section 2-2 Non-TANF Child Care Eligibility – Household Requirements The department is revising this manual section to delete language providing for the Beginnings Child Care Scholarship to cover out-of-pocket expenses incurred by parent when child care is available to them at a reduced cost. The department will not make adjustments based on those types of arrangements where child care programs provide special considerations to parents that reduce their costs that is between the program and the parent. The department does not anticipate any adverse effect or any fiscal impact associated with this change to the manual. Section 2-2a Non-TANF Child Care Eligibility – Child Support The department is revising this manual section to clarify the wording concerning the manner in which irregular child support income shall be handled, thereby clarifying its intended meaning. Currently, there is no continuity across the state as to how irregular child support income is figured. The department does not anticipate any adverse effect or any fiscal impact associated with this change to the manual. Section 2-3 Non-TANF Child Care – Non-TANF Activity Requirements The department is revising this manual section to include language addressing when one parent of an intact family is participating in a court-ordered prerelease program. Language was also added to address when the parent's employer is a licensed or registered child care facility. To be in compliance with current requirements stipulated by the department's licensing bureau, a parent working in such a facility must be on the approved caregiver list for that facility or associated with the facility by the Quality Assurance Division, Licensure Bureau at the time of scholarship application. Approved or associated caregivers must complete background checks as part of the Licensure Bureau and ensures that all individuals working around young children have passed some level of scrutiny. In addition, language has been added to clarify minimum work requirements for parents unable to provide care for their children due to severe disabilities and thus avoiding undue hardship on these families. Phrasing was added to clarify that paid legal labor actually means earning minimum wage. Finally, language has been added to clarify a work requirement waiver for individuals involved in field experiences or practicums, but not laboratory classes. The department does not anticipate any adverse effect or any fiscal impact associated with the changes to the manual. Section 2-4 Non-TANF Child Care – Household Income The department is revising this manual section to include language to clarify the use of the Federal Minimum Wage as it relates to earned income as part of determining eligibility. Earned income paid as salary must be converted into a wage equivalent. Currently, wage earners are required to meet the Federal Minimum Wage if paid hourly as part of income eligibility. Changes to the qualifying language are taken directly from the Department of Labor and the Fair Labor Standards Act web sites. The department anticipates there may be adverse effect to some self-employed applicants depending on their financial situation. The department does not anticipate any fiscal impact associated with the change to this manual. Section 2-4a Non-TANF Child Care – Household Income - Self-employment The department is revising this manual section to include language to identify the use of the Federal Minimum Wage as it relates to earned income as part of determining eligibility. Currently, there is no provision for self-employed individuals who take their income in the form of a salary. Changes to the qualifying language are taken directly from the Department of Labor and the Fair Labor Standards Act web sites. For self-employed applicants taking a salary, the amount earned must be converted into a wage equivalent in order to apply the same standard for wage earners with an employer to the self-employed individual. The department anticipates there may be adverse effect to some self-employed applicants depending on their financial situation. The department does not anticipate any fiscal impact associated with the change to this manual. Section 2-5 Non-TANF Child Care – Prospective Income The department is revising this manual section to include language to identify the use of the Federal Minimum Wage as it relates to earned income as part of determining eligibility. Earned income paid as salary must be converted into a wage equivalent. The qualifying language is taken directly from the Department of Labor's web site and the Fair Labor Standards Act's web site. The department does not anticipate any adverse effect or any fiscal impact associated with this change to the manual. Section 2-6 Non-TANF Child Care – Income Table The department is revising this manual section to include language addressing how income is handled when one parent of an intact family is participating in a court-ordered prerelease program. Income earned by an individual mandated by the court to be employed while residing in a court-ordered prerelease center is counted in the total income for the household. Other than costs associated with restitution, court-ordered counseling, or room and board, the individual has control over the use of income earned. If a court orders a person be employed while residing in a prerelease center, employment earnings of that person remaining after the deduction of costs for court-ordered restitution and counseling, and for room and board in the center are counted as part of the total income of the household of that person. The department does not anticipate any adverse effect or any fiscal impact associated with this change. Section 2-7 Non-TANF Child Care Eligibility – Recertification The department is revising this manual section to reduce the recertification reminder notice from 6 weeks to 45 days. Additional language includes the issuance of a closure notice 15 calendar days before the end-date of the eligibility period. Currently, no closure notice is sent. This change is intended to promote more timely notification for non-TANF participants. The department does not anticipate any adverse affect or any fiscal impact associated with this change. In addition, revisions include minor changes to the wording of this section to strengthen its intended meaning either by adding clarifying wording or deleting misleading wording. Section 3-3 TANF Child Care Eligibility & Coordination – Working Caretaker Relative Child Care The department is revising this manual section to reduce the recertification reminder notice from 6 weeks to 45 days. Additional language includes the issuance of a closure notice 15 calendar days before the end-date of the eligibility period. Currently, no closure notice is sent. This change is intended to promote more timely notification for TANF participants. Revisions include minor changes to the wording of this section to strengthen its intended meaning either by adding clarifying wording or deleting misleading wording. No substantive changes are intended or affected to this section. The department does not anticipate any adverse effect or any fiscal impact associated with this change. Section 6-1 Serving the Family – Child Care Referrals Revisions to this manual provision include minor changes to the wording of this section to strengthen its intended meaning either by adding clarifying wording or deleting misleading wording. No substantive changes are intended or affected to this section. The department does not anticipate any adverse effect or any fiscal impact associated with this change. Section 6-2 Serving the Family – Legally Certified Providers The department is revising this manual section to remove language associated with "Legally Certified In Home Providers" (LCI). Use of in-home providers will become a special designation within the "Legally Certified Provider" (LCP) provider type rather than its own category. This change will enable the department to apply all requirements for the provider type regardless of location of care. Language has been added to identify how residency is determined. When the physical address is shared by both the provider and the parent and the parent is the owner or lessee, the requirements for in-home relative care apply. In-home relative care stipulates types of relationships that are covered under this type of care and how payment is made. The types of relationships have been expanded to include teen parents and special circumstances in order to enhance parental choice of this provider type. Additional language included in this manual provision allows applications for this provider type to be usable for an additional 30 calendar days beyond the denial if missing documents are provided within that timeframe. Applicants will not have to complete a new application packet unless 60 calendar days have passed since their initial incomplete application submission. Once approved, an LCP certification will be granted for a one-year period. Should the family they provide care for become ineligible, the provider will become inactive. Allowing for one-year certifications reduces the allocation of resources by the centralized CCR&R handling these applications and reduces the frequency of reapplication by this provider type. Language was added to this manual provision to include a search of Montana's Sexual and Violent Offenders Registry as part of background checks. Montana requires sexual and violent offenders to register with local law enforcement agencies in the jurisdiction where they reside. Information about these offenders is then made available to the public. The federal Office of Child Care has included this registry in its guidelines as a tool to be used to determine eligibility for all programs providing child care. Because this category of provider receives no additional oversight, the Registry is a tool the department can use to screen applicants. Clarifying language has been added to specify that all household members for an LCP age 18 and older must meet the same background check requirements regardless of location of care. Disqualifying records extend to all adult household members rather than just the provider. The federal Office of Child Care has included this scope of background checks in its guidelines to assist in protecting the safety of children in this type of care. Revisions also include minor changes to the wording of this section to strengthen its intended meaning either by adding clarifying wording or deleting misleading wording. The department does not anticipate any adverse effect or any fiscal impact associated with this change. Section 6-3 Serving the Family – Issuing the Child Care Certification Plan The department is revising this manual section to exclude the provision for sleep-time coverage for parents working or attending education during the night. The department is faced with reducing costs associated with the Best Beginnings Scholarship Program as a result of available funding and budget cuts. Sleep time is being eliminated as a result. The department expects this change to affect families and providers because of the reduced benefit. It will have a positive fiscal impact to the department because of the associated reduction in payments made. The amount of this impact is unknown as there is not a data element which tracks this benefit currently operated with policy alone. Section 6-6 Serving the Family – Absent Day Policies – Maintaining the Continuity of Care The department is revising this manual section to exclude the provision for holidays and hold-the-slot days. Previously, licensed or registered providers could bill the scholarship program for holidays falling within the authorization period even when the program was closed. For hold-the-slot, payments could be paid to licensed or registered child care providers to hold a child care slot even though the child is not in attendance such as summer when a noncustodial parent has the children normally in care. The department is faced with reducing costs associated with the Best Beginnings Scholarship Program as a result of available funding and budget cuts. Holiday and hold-the-slot provisions are being eliminated as a result. In addition, the certified enrollment days currently provided at a rate of 150 hours is being reduced to 70 hours annually. The department anticipates adverse effects to parents and providers and fiscal impacts associated with this change. Section 6-7 Serving the Family – Invoice & Payment Processes Revisions to this manual section include minor changes to the wording to strengthen its intended meaning either by adding clarifying wording or deleting misleading wording. No substantive changes are intended or affected to this section. The department does not anticipate any adverse effect or any fiscal impact associated with this change. Section 6-9 Corrections and Overpayments The department is revising this manual section to clarify language pertaining to intentional program violations. Several steps are involved in the assessment of penalties related to willful actions that result in intentional program violations. Provisions have been added to these steps for technical assistance (TA) to ensure that participants have opportunity to make adjustments in statements and information before penalties are assessed. These technical assistance provisions are the result of conversations with the Office of Fair Hearing and recent decisions rendered by them for appeals involving penalty assessments. Revisions also include minor changes to the wording of this section to strengthen its intended meaning either by adding clarifying wording or deleting misleading wording. The department does not anticipate any adverse effect or any fiscal impact associated with this change. Section 7-3a Best Beginnings Quality Child Care Initiatives – Infant Toddler Certification The department is revising this manual section to include language relating to the Professional Development Incentive Awards. Limitations are set forth as to how many awards can be given within the same year and the requirements that must be met to receive these various incentive awards. Prior language didn't cover the limitations sufficiently. In addition, repetitive language for infant/toddler certification has been removed. The department does not anticipate any adverse effect or any fiscal impact associated with this change. Section 7-4a Best Beginnings Quality Initiatives – Mini Grants The department is revising this manual section to reflect changes in how this program is administered and grant funds are used. Additional language clarifies limitations for programs and providers wishing to apply for grant funds as well as what the requirements are and how to apply. Revisions also include deleting wording related to the old way these grants were administered. The department does not anticipate any adverse effect or any fiscal impact associated with this change. 5. Concerned persons may submit their data, views, or arguments either orally or in writing at the hearing. Written data, views, or arguments may also be submitted to: Kenneth Mordan, Department of Public Health and Human Services, Office of Legal Affairs, P.O. Box 4210, Helena, Montana, 59604-4210; fax (406) 444-9744; or e-mail [email protected], and must be received no later than 5:00 p.m., December 23, 2011. 6. The Office of Legal Affairs, Department of Public Health and Human Services, has been designated to preside over and conduct this hearing. 7. The department maintains a list of interested persons who wish to receive notices of rulemaking actions proposed by this agency. Persons who wish to have their name added to the list shall make a written request that includes the name, e-mail, and mailing address of the person to receive notices and specifies for which program the person wishes to receive notices. Notices will be sent by e-mail unless a mailing preference is noted in the request. Such written request may be mailed or delivered to the contact person in 5 above or may be made by completing a request form at any rules hearing held by the department. 8. An electronic copy of this proposal notice is available through the Secretary of State's web site at http://sos.mt.gov/ARM/Register. The Secretary of State strives to make the electronic copy of the notice conform to the official version of the notice, as printed in the Montana Administrative Register, but advises all concerned persons that in the event of a discrepancy between the official printed text of the notice and the electronic version of the notice, only the official printed text will be considered. In addition, although the Secretary of State works to keep its web site accessible at all times, concerned persons should be aware that the web site may be unavailable during some periods, due to system maintenance or technical problems. 9. The bill sponsor contact requirements of 2-4-302, MCA, do not apply.
/s/ Francis X. Clinch /s/ Hank Hudson for Rule Reviewer Anna Whiting Sorrell, Director Public Health and Human Services Certified to the Secretary of State November 14, 2011.
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A directory of state agencies is available online at http://www.mt.gov/govt/agencylisting.asp.
For questions about the organization of the ARM or this web site, contact [email protected].
