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| Montana Administrative Register Notice 37-610 | No. 20 10/25/2012 | |
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BEFORE THE DEPARTMENT OF PUBLIC HEALTH AND HUMAN SERVICES OF THE STATE OF MONTANA
TO: All Concerned Persons 1. On November 14, 2012, at 1:30 p.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 adoption and repeal 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 November 7, 2012, 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 dphhslegal@mt.gov. 3. The rule as proposed to be amended provides as follows, new matter underlined, deleted matter interlined: 37.34.2301 RESIDENTIAL FACILITY SCREENING (1) (2) The department adopts and incorporates by reference the Manual for the Screening of Persons Being Considered for Civil Commitment to the Montana Development Center or to a Community Treatment Plan, effective August 28, 2012. (3) A copy of the manual may be obtained through the Department of Public Health and Human Services, Developmental Disabilities Program, 111 N. Sanders, P.O. Box 4210, Helena, MT 59604-4210. AUTH: 53-20-133, MCA IMP: 53-20-102, 4. The department proposes to repeal the following rules: 37.34.2302 RESIDENTIAL FACILITY SCREENING: DEFINITIONS, is found on page 37-7639 of the Administrative Rules of Montana. AUTH: 53-20-133 MCA IMP: 53-20-102, 53-20-106, 53-20-112, 53-20-116, 53-20-121, 53-20-125, 53-20-127, 53-20-128, 53-20-129, 53-20-133, MCA 37.34.2306 RESIDENTIAL FACILITY SCREENING: ADMINISTRATION AND COMPOSITION OF SCREENING TEAM, is found on page 37-7643 of the Administrative Rules of Montana. AUTH: 53-20-133, MCA IMP: 53-20-133, MCA 37.34.2307 RESIDENTIAL FACILITY SCREENING: RESPONSIBILITIES OF DEVELOPMENTAL DISABILITIES PROFESSIONALS AND QMRP'S, is found on page 37-7643 of the Administrative Rules of Montana. AUTH: 53-20-133, MCA IMP: 53-20-112, 53-20-116, 53-20-128, 53-20-129, 53-20-133, MCA 37.34.2308 RESIDENTIAL FACILITY SCREENING: RESPONSIBILITIES OF THE SCREENING TEAM, is found on page 37-7644 of the Administrative Rules of Montana. AUTH: 53-20-133, MCA IMP: 53-20-125, 53-20-127, 53-20-128, 53-20-129, 53-20-133, MCA 37.34.2309 RESIDENTIAL FACILITY SCREENING: DETERMINATION OF SCREENING TEAM, is found on page 37-7645 of the Administrative Rules of Montana. AUTH: 53-20-133, MCA IMP: 53-20-125, 53-20-127, 53-20-128, 53-20-129, 53-20-133, MCA 5. STATEMENT OF REASONABLE NECESSITY The Department of Public Health and Human Services (the department) proposes the amendment of ARM 37.34.2301, and to repeal ARM 37.34.2302, 37.34.2306, 37.34.2307, 37.34.2308, and 37.34.2309 pertaining to residential facility screening. The department intends to adopt and incorporate by reference the Manual for the Screening of Persons Being Considered for Civil Commitment to the Montana Developmental Center or to a Community Treatment Plan (the manual), effective August 28, 2012. This subchapter specifically governs the process used by the department to conduct civil commitments of persons with developmental disabilities to the residential facility in Montana, the Montana Developmental Center (MDC), and it is necessary to bring the rules into accordance with those processes and with current Montana statutes. In previous legislative sessions, several statutes were passed that changed the commitment process. Most notably, the current definition of seriously developmentally disabled has been changed to remove reference to total care needs and near total care needs. In order for a person to meet the current criteria for commitment to Montana Developmental Center (MDC) or a community treatment plan, a person must meet the definition of seriously developmentally disabled. Additional changes in the statute include the option for imposing a court-ordered community services treatment plan instead of a commitment to MDC or amending a commitment to MDC to a community treatment plan. Another change to the commitment law involves criminal sentencing to the custody of the director of the department and subsequently to MDC through a criminal proceeding. Persons committed through this process must meet the criteria of having a developmental disability that rendered the person unable to appreciate the criminality of their behavior or to conform the person's behavior to the requirements of law, 46-14-311(1) MCA. This type of commitment is referenced in the manual but the residential facility screening team does not review this type of commitment. ARM 37.34.2301 The department proposes to amend ARM 37.34.2301 to adopt and incorporate the manual, effective August 28, 2012 into the administrative rule. The department believes persons with developmental disabilities, their families, case managers, and state staff will find the manual more readily manageable when information about the process is being sought. The manual incorporates the purpose statement for the subchapter; therefore, in order to prevent repetition, it is necessary to remove the purpose statement from this rule. The Manual The department developed the manual to serve as a comprehensive guide for the civil commitment process to the Montana Developmental Center (MDC) and details the process and necessary steps when there is a petition for commitment to MDC or a community services treatment plan. Included in the manual is the purpose statement, definitional criteria for civil commitments, information pertaining to the composition and responsibilities of the residential facility screening team, the certification process for persons seeking to become certified developmental disabilities professionals, the process for civil commitments including terms, assessments, the purpose for treatment, documentation required, and the appeal process. ARM 37.34.2302, 37.34.2306, 37.34.2307, 37.34.2308, and 37.34.2309 The department is proposing to repeal these rules. This action is necessary because the manual proposed to be adopted and incorporated in ARM 37.34.2301 now contains the purpose, definitions, processes, and fair hearing information described in these rules and is more detailed and current. Furthermore, the manual contains additional processes and information that is not currently set forth in these rules. The department considered the option of placing the procedures into the rule along with making the manual available to the public; however, the department determined that the best option in this case is to adopt the manual into rule and then amend the rule when a new version of the manual is needed and subsequently developed to eliminate potential confusion and conflict which could result from citing two versions. 6. 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 dphhslegal@mt.gov, and must be received no later than 5:00 p.m., November 23, 2012. 7. The Office of Legal Affairs, Department of Public Health and Human Services, has been designated to preside over and conduct this hearing. 8. 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 6 above or may be made by completing a request form at any rules hearing held by the department. 9. 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. 10. The bill sponsor contact requirements of 2-4-302, MCA, apply and have been fulfilled. The primary bill sponsor was contacted by a letter of notification on August 28, 2012. /s/ Cary B. Lund /s/ Mary E. Dalton acting for Rule Reviewer Anna Whiting Sorrell, Director Public Health and Human Services Certified to the Secretary of State October 15, 2012.
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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 sosarm@mt.gov.
