BEFORE THE DEPARTMENT OF PUBLIC

HEALTH AND HUMAN SERVICES OF THE

STATE OF MONTANA

 

In the matter of the amendment of ARM 37.95.162, 37.95.622, and 37.95.703 pertaining to annual training requirements for child care facilities

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NOTICE OF PUBLIC HEARING ON PROPOSED AMENDMENT

 

TO: All Concerned Persons

 

          1. On October 13, 2016, at 2:30 p.m., the Department of Public Health and Human Services will hold a public hearing in Room 207 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 the Department of Public Health and Human Services no later than 5:00 p.m. on October 5, 2016, 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:

 

          37.95.162 DAY CARE FACILITIES: REQUIRED ANNUAL TRAINING

          (1) The provider and all care-givers at any day care facility must each verify that they have successfully completed a minimum of at least eight hours of continuing education annually, unless otherwise specified in these rules, within the 12 months prior to license/registration expiration or the license/registration anniversary date. Each provider must have a process in place to ensure:

          (a) each facility caregiver and provider, with the exception of volunteers and caregivers that provide less than 160 hours of care per year, completes 16 hours of continuing education and training annually;

          (b) each facility caregiver and provider, with the exception of volunteers, completes a 16 hour orientation training described in (2) within 90 days of their hire date:

          (i) the orientation training described in (2) may count toward the caregiver's and provider's first year of continuing education and training; and

          (ii) facility caregivers and providers approved prior to the effective date of this rule must participate in the orientation training areas listed in (2) within 90 days of the effective date of this rule.

          (c) each child care center director attends at least 20 hours of continuing education and training annually.

          (2) The orientation training must include the following subject areas:

          (a) prevention and control of infectious diseases;

          (b) prevention of sudden infant death syndrome and use of safe sleep practices;

          (c) administration of medication, consistent with standards for parental consent;

          (d) prevention and response to emergencies due to food and allergic reactions;

          (e) building and physical premises safety;

          (f) prevention of shaken baby syndrome and abusive head trauma;

          (g) emergency preparedness and response planning for emergencies;

          (h) handling and storage of hazardous materials, such as cleaning materials, flammable liquids, detergents, aerosol cans, and pesticides;

          (i) appropriate disposal of toxic (bio-contaminants) materials including effects such as blood, bodily fluids, chemicals, garbage, and other infectious materials;

          (j) transportation; and

          (k) reporting of abuse and neglect to proper state authorities.

          (3) The provider and all caregivers must hold current course completion cards in CPR for infant, child and adult CPR, infant choking response, and standard first aid. Course completion means direct instruction which includes the practice and demonstrated applications of CPR methods as taught by instructors from accredited entities.

          (2) and (3) remain the same, but are renumbered (4) and (5).

          (4) With the exception of volunteers, any person who provides care to children in a day care facility for at least 160 hours a year is required to successfully complete eight hours of approved education or training annually.

 

AUTH: 52-2-704, MCA

IMP: 52-2-704, 52-2-723, 52-2-731, MCA

 

          37.95.622 DAY CARE CENTERS: STAFFING QUALIFICATIONS

          (1) and (2) remain the same.

          (3) A center director must obtain 15 hours of approved education or training on an annual basis.

          (4) (3)  A primary care-giver caregiver must:

          (a) through (c) remain the same.

          (d) receive a minimum of at least eight hours of documented continuing education annually as provided in ARM 37.95.162; and

          (e) (d)  have the following training and experience:

          (i) remains the same.

          (ii) child development associate credential; or

          (iii) a bachelor of arts or an associate degree in education or a related field; or

          (iv) level 2 of the Early Childhood Project Career Path.

          (f) hold a current course completion card in infant, child and adult CPR and infant choking response; and

          (g) be currently certified in standard first aid.

          (5) Course completion as indicated in (4)(f) means direct instruction, which includes the practical and demonstrated applications of CPR methods as taught by instructors from accredited entities.

          (6) (4)  An aide must be directly supervised by a primary care-giver caregiver and shall must be at least 16 years of age and must:

          (a) have sufficient language skills to communicate with children and adults; and

          (b) and (c) remain the same.

 

AUTH: 52-2-704, MCA

IMP: 52-2-704, 52-2-723, 52-2-731, MCA

 

          37.95.703 GROUP AND FAMILY DAY CARE HOMES: PROVIDER RESPONSIBILITIES AND QUALIFICATIONS (1) The Each provider and all persons responsible for children caregiver in the day care home must:

          (a) remains the same.

          (b) demonstrate they are physically, emotionally, and mentally capable of performing the essential function of their position with or without reasonable accommodations; complete appropriate department documentation demonstrating they:

          (i) are physically, emotionally, and mentally capable of performing the essential function of their position with or without reasonable accommodations;

          (c) (ii)  be are free of communicable disease; and

          (d) (iii)  have met the immunization requirements of ARM 37.95.140; and

          (e) demonstrate they are of good moral character.

          (2) The provider and all staff, including care-givers caregivers, aides, volunteers, kitchen and custodial staff, and all persons over the age of 18 residing in the day care facility or staying in the facility on a regular or frequent basis, must obtain a completed criminal background check, a completed child protective services check, and a statement of health. For those persons who are considered caregivers, this information must be completed before providing direct unsupervised care to the children attending the day care facility. The director or provider/owner of the facility is responsible for ensuring these reports and other pertinent information are completed and submitted to the department within 15 actual days of the care-giver caregiver providing care.

          (3) The provider, or an approved care-giver caregiver designated by the provider, shall must be responsible for the direct care, protection, supervision, and guidance of the children through active involvement or observation in group and family day care facilities at all times of program operation.

          (4) The provider shall attend a basic day care orientation or its equivalent provided or approved by the department within the first 60 days of certification. This orientation must include the following areas:

          (a) health;

          (b) safety;

          (c) child development/well being;

          (d) discipline/guidance;

          (e) nutrition/food safety; or

          (f) business aspects of a child care business.

          (5) Orientation training does not count toward the required eight hours of approved education or training education as specified in (6).

          (6) The provider and all care-givers must annually verify that they have met the training requirements set out in ARM 37.95.162.

          (7) The provider must hold current course completion cards in CPR for infant, child, and adult CPR; infant choking response; and standard first aid. Course completion means direct instruction which includes the practice and demonstrated applications of CPR methods as taught by instructors from accredited entities. 

 

AUTH: 52-2-704, MCA

IMP: 52-2-704, 52-2-723, 52-2-731, MCA

 

          4. STATEMENT OF REASONABLE NECESSITY

 

The Department of Public Health and Human Services (department) proposes to amend ARM 37.95.162, 37.95.622 and 37.95.703. Pursuant to the Child Care and Development Block Grant Act of 2014 (CCDBG), Public Law No: 113-186 (11/19/2014), the U.S. Office of Child Care has directed states to implement new training requirements aimed at improving child care health and safety and the quality of care children receive. These new training requirements must be in place for all providers and caregivers by September 30, 2016. Failure to meet this timeline will result in states being placed in a corrective action status. 

 

The specific focus of the new requirements is identifying areas of preservice training for new providers and caregivers, and increasing training for child care providers, their child caregivers and staff must receive from the current training requirements, which have not been updated since 2006. Continuing education and training is an important aspect of child care.  Providers and their child caregivers require adequate training in the multifaceted responsibilities, skills, functions, and tasks they perform. Those who are better trained are better able to prevent, recognize, and correct health and safety problems. Meeting these interests and fulfilling the new CCDBG mandates have generated the need for the department to initiate the following changes in training requirements for providers and their caregivers.

 

ARM 37.95.162

 

The department proposes to strike the language from (1) and replace it with new language.

 

The CCDBG requires that states have provisions in place by September 30, 2016, ensuring that providers, caregivers, and teachers receive training hours in ten key areas focused on child development, health, and safety. The new (1) sets forth the department's proposal to fulfill this requirement. The department proposes that, commensurate with their responsibility for the daily operation of child care centers, the training directors receive increases from 8 to 20 hours. The department proposes that the training existing caregivers undertake and complete increases from 12 to 16 hours per year, and that they complete training in the areas listed under (2) related to orientation training, which the department deems to be key to ensuring that child care helps children remain healthy and safe. The department also proposes in (1)(b) that new providers and caregivers receive and complete 16 hours of orientation focused on 10 key areas of ensuring related to the health and safety of children.

 

Current department rule does not require caregivers listed as aides to complete CPR and first aid training. The CCDBG, however, requires that all staff and caregivers be certified in CPR and first aid. To fulfill this CCDBG directive, the department proposes moving CPR and first aid requirements now found in ARM 37.95.622(4)(f) and ARM 37.95.703(7) to (3) of this rule.

 

The department proposes renumbering (2) as (4) and (3) as (5) for purposes of numerical ordering.

 

ARM 37.95.622

 

The department proposes moving the requirement for director training from current (3) to new ARM 37.95.162(1)(c).

 

The department proposes renumbering current (4) as (3) for numerical ordering, and within (3), adding another category of "level 2 of the Early Childhood Project Career Path," which may satisfy the "training and experience" requirement for a primary caregiver, to allow for flexibility in hiring while still preserving the substance of the qualifications. The language in current (4)(d) regarding the minimal number of required hours of annual continuing education is being moved to new ARM 37.95.162(1) with modifications described previously regarding that rule.

 

The department proposes moving the language of current (5) to ARM 37.95.162.

 

The department proposes renumbering current (6) as (4) for numerical ordering.

 

ARM 37.95.703

 

The department proposes revising (1), (2), and (3) for grammatical correctness.

 

The department proposes striking current (4) and (5) as the department is including updated orientation requirements under new ARM 37.95.162(1)(b)(i) and (2).

 

The department proposes striking current (6) as it is duplicative of language under new ARM 37.95.162(1).

 

The department proposes striking current (7) as its language is being moved to new ARM 37.95.162(3).

 

Fiscal Impact

 

The cost of the actual rulemaking process is not prohibitive; it is a departmental expense and one that is absorbed within the division budget. Child care providers will see the impact, however, as they implement the rule.

 

This rule amendment increases the number of annual training hours for child care providers from 8 to 16 for caregivers and providers and from 16 hours to 20 hours for center directors. Additionally, all new providers will have to participate in a 16 hour New Provider Orientation within the first 90 days of their start date.

 

The department has initial funding through the CCDBG and other state funds to offer many of the training courses for free. However, under state employment laws there may be job-related expenses that will result from the normal course of doing business for employers and the owners of facilities.

 

          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., October 21, 2016.

 

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.

 

10. With regard to the requirements of 2-4-111, MCA, the department has determined that the amendment of the above-referenced rules will not significantly and directly impact small businesses.

 

11. Section 53-6-196, MCA, requires that the department, when adopting by rule proposed changes in the delivery of services funded with Medicaid monies, make a determination of whether the principal reasons and rationale for the rule can be assessed by performance-based measures and, if the requirement is applicable, the method of such measurement. The statute provides that the requirement is not applicable if the rule is for the implementation of rate increases or of federal law.

 

The department has determined that the proposed program changes presented in this notice are not appropriate for performance-based measurement and therefore are not subject to the performance-based measures requirement of 53-6-196, MCA.

 

 

 

/s/ Francis X. Clinch                              /s/ Richard H. Opper                            

Francis X. Clinch, Chief Counsel           Richard H. Opper, Director

Rule Reviewer                                       Public Health and Human Services

 

 

Certified to the Secretary of State September 12, 2016.