BEFORE THE DEPARTMENT OF PUBLIC

HEALTH AND HUMAN SERVICES

OF THE STATE OF MONTANA

 

In the matter of the adoption of New Rule I and the amendment of ARM 37.5.304, 37.50.1101, 37.50.1102, and 37.50.1103 pertaining to the adoption of federal statutes for guardianship

) ) ) ) )

AMENDED NOTICE OF PUBLIC HEARING ON PROPOSED ADOPTION AND AMENDMENT

 

TO: All Concerned Persons

 

1. On December 12, 2013, the Department of Public Health and Human Services published MAR Notice No. 37-659 pertaining to the public hearing on the proposed adoption and amendment of the above-stated rules at page 2278 of the 2013 Montana Administrative Register, Issue Number 23.

 

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 February 19, 2014, 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 MT 59604-4210; telephone (406) 444-4094; fax (406) 444-9744; or e-mail [email protected].

 

3.  The notice is amended to address comments from Legislative Services on the department's statement of reasonable necessity. All rules remain as proposed.

 

4. The statement of reasonable necessity is being amended as follows, new matter underlined, deleted matter interlined:

 

ARM 37.50.1102

 

The department is proposing to update (2) to reflect the most current guardianship statute. Section 41-3-421, MCA, currently referenced in (2), was renumbered as 41-3-444, MCA, in 2001.

 

Section (7) reflects the fact that the department serves children up to the age of 18 19 under certain circumstances. The definition of a "child" in 41-3-102(7), MCA, is "any person under 18 years of age." The department is currently able to continues foster care payments for children who until a child turns 18 19 while in care but are as long as the child is still enrolled in secondary education. Limiting the age creates a barrier to guardianship for some families and as a result, permanency for these children. Research indicates that due to the delays caused by the trauma these children experience early on, very few of our children are able to accomplish completion of their secondary education by their 18th birthday. The department recommends that the child's age be proposes to extended to the state subsidy for age 19 for state-subsidized guardianships for purposes of retaining financial eligibility while completing their secondary education until age 19 under the same circumstances as available to foster parents.

 

For purposes of clarity for the reader, the above paragraph will read as follows:

 

Section (7) reflects the fact that the department serves children up to the age of 19 under certain circumstances. The department currently continues foster care payments until a child turns 19 while in care as long as the child is still enrolled in secondary education. The department proposes to extend the state subsidy for guardianships until age 19 under the same circumstances as available to foster parents.

 

5. Concerned persons may submit their data, views, or arguments concerning the proposed action in writing to:  Kenneth Mordan, Department of Public Health and Human Services, Office of Legal Affairs, P.O. Box 4210, Helena MT 59604-4210, no later than 5:00 p.m. on February 27, 2014. Comments may also be faxed to (406) 444-9744 or e-mailed to [email protected].

 

 

 

/s/ Mark Prichard                                          /s/ Richard H. Opper                                   

Mark Prichard                                               Richard H. Opper, Director

Rule Reviewer                                               Public Health and Human Services

 

Certified to the Secretary of State February 3, 2014.