BEFORE THE Department of PUBLIC

HEALTH AND HUMAN SERVICES

OF THE STATE OF MONTANA

 

In the matter of the amendment of ARM 37.51.203, 37.51.310, and 37.51.1401 pertaining to foster care licensing requirements

) ) ) )

NOTICE OF AMENDMENT

 

TO: All Concerned Persons

 

1. On February 23, 2018, the Department of Public Health and Human Services published MAR Notice No. 37-830 pertaining to the public hearing on the proposed amendment of the above-stated rule at page 394 of the 2018 Montana Administrative Register, Issue Number 4.

 

2. The department has amended ARM 37.51.203 and 37.51.1401 as proposed.

 

3. The department has amended the following rule as proposed, but with the following changes from the original proposal, new matter underlined, deleted matter interlined:

 

37.51.310 YOUTH FOSTER HOMES: CRIMINAL BACKGROUND CHECKS

            (1) through (6) remain as proposed.

            (7) A child protective services check will be requested from all states in which an applicant or any adult household member has lived in the past five years at a minimum.

            (8) remains as proposed.

 

AUTH: 52-1-103, 52-2-111, 52-2-601, 52-2-621, 52-2-622, MCA

IMP: 52-1-103, 52-2-111, 52-2-601, 52-2-621, 52-2-622, MCA

 

4. The department has thoroughly considered the comments and testimony received. A summary of the comments received and the department's responses are as follows:

 

COMMENT #1: Two commenters expressed concern regarding limiting the CPS checks to the states the applicants have lived in for the last five years.

 

RESPONSE #1: The department acknowledges the concern and the adopted rule has been modified to state that CPS checks will be required to be completed on all applicants and household members 18 years and older for all states lived in for the last five years at a minimum.

 

COMMENT #2: Two commenters offered support for two-year licenses.

 

RESPONSE #2:  The department believes the two-year timeline will be beneficial to the licensing process, but as with any changes, adjustments may be necessary.  The department intends to continue working to assess and improve the licensing process.

 

COMMENT #3:  Two commenters expressed support for the change in training hours and format and encouraged creating a positive discipline training for the online curriculum.

 

RESPONSE #3:  The department believes that the new training requirements will meet the needs of applicants.  Positive discipline is currently offered in the online training curriculum. The department intends to continue working to assess and improve the training process.

 

 

 

/s/ Vicki Knudsen                                         /s/ Sheila Hogan                                         

Vicki Knudsen                                              Sheila Hogan, Director

Rule Reviewer                                             Public Health and Human Services

 

Certified to the Secretary of State April 17, 2018.