Administrative Rules of the State of Montana

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

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NOTICE OF PUBLIC HEARING ON PROPOSED AMENDMENT

TO: All Concerned Persons

1. On March 15, 2018, at 10:00 a.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, at 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 March 2, 2018, to advise us of the nature of the accommodation that you need. Please contact Todd Olson, Department of Public Health and Human Services, Office of Legal Affairs, P.O. Box 4210, Helena, Montana, 59604-4210; telephone (406) 444-9503; 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:

37.51.203 YOUTH FOSTER HOMES: LICENSURE AND RENEWAL

(1) The department shall issue a youth foster home, kinship foster home, or therapeutic foster home license to any license applicant that the department determines meets all licensing requirements established by these rules. The initial license will expire one year from the date it is issued unless it is extended up to an additional 60 days pursuant to ~~(3)~~ (5).

(2) remains the same.

(3) The department shall renew a youth foster home or kinship home license biannually on the expiration date of the initial year's license if:

(a) the foster parents apply for renewal of the foster home license on a form provided by the department at least 30 days prior to the expiration date of the current license; and

(b) following completion of a relicensing study, the department determines that the foster home continues to meet all licensing requirements established by these rules.

~~(3)~~ (4) The department shall renew ~~the~~ therapeutic foster care licenses annually on the expiration date of the previous year's license if:

(a) and (b) remain the same.

(4) remains the same, but is renumbered (5).

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

37.51.310 YOUTH FOSTER HOMES: CRIMINAL BACKGROUND CHECKS

(1) through (6) remain the same.

(7) ~~If an applicant has children,~~ A child protective services check will be requested from all states in which an applicant or any adult household member has lived ~~since the birth date of the applicant's oldest child~~ in the past five years.

~~(8) If an applicant does not have children, a child protective services check will be requested from all states in which the applicant has lived in the previous 15 years.~~

(9) remains the same, but is renumbered (8).

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

37.51.1401 YOUTH FOSTER HOMES: REQUIRED TRAINING

(1) Each applicant shall attend ~~an orientation and~~ the required preservice training of not less than 18 eight hours prior to issuance of a regular license.

(2) The foster parents shall complete the resource parent online training within the first year of licensure. Verification of completion of the online training must be provided to the department.

~~(2)~~ (3) The foster parents must obtain a total of at least 15 hours of training annually for relicensure following the first year of licensure. Training must be documented on a form provided by the department.

(3) remains the same, but is renumbered (4).

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. STATEMENT OF REASONABLE NECESSITY

The Department of Public Health and Human Services, Child and Family Services Division (department) proposes to amend ARM 37.51.203, 37.51.310, and 37.51.1401 because the department has determined, upon a review of internal processes, that certain administrative rules timelines should be amended to increase department and provider efficiency while maintaining adequate safety standards for children in care.

Specifically, the department proposes to amend the above-referenced rules for the following reasons:

ARM 37.51.203

Currently, this rule, relating to timelines of licensure, require licenses to be renewed annually. The department proposes the rule be amended to allow for the approval of two-year licenses following an initial license, which includes completion of the pre-service training and the first year training modules. The amendment also allows the agency to limit licenses to one year as needed for specific families.

The department believes the proposed amendment necessary because shifting focus from annual renewals will allow department staff to focus on providing supportive relationships to regular youth foster homes (including kin), instead of continually processing license renewals.

ARM 37.51.310

The department proposes to amend ARM 37.51.310(7) and (8) requiring child protection services checks be obtained from every state in which an applicant or adults in their household have resided in for the past five years to create a timelier process of application for foster care, adoption and guardianship by more closely adhering to federal requirements for the process. The proposed rule changes are necessary to increase the retention of resource homes while continuing to ensure the safety of children.

The proposed rule changes are also necessary because federal requirements require Child Protective Services (CPS) checks for states the potential placement resources and their household members have lived in the past five years for emergency placements. The current administrative rule requires the checks to be requested anywhere from 15 to 50+ years. Inconsistent application of these criteria persists about which timelines are required for applicants. Many states are beginning to refuse requests for CPS check requests older than five years. This rule change will decrease staff time and resources necessary to obtain checks older than five years and decrease timelines for licensure and ultimately permanency while ensuring the safety of children.

ARM 37.51.1401

The department proposes to amend ARM 37.51.1401 relating to training hours. Currently, resource families being approved as regular youth foster homes (including kin) are required to complete 18 hours of training prior to being licensed.

The proposed rule changes are necessary because families have reported, and studies have shown, that the number of hours of training prior to placement does not significantly impact the ability of families to meet children's needs or their willingness to maintain licensure. Fewer initial training hours for regular youth foster families (including kin) will decrease the time it takes to obtain licensure - and ultimately permanency - for children. Additionally, families with increased skills have fewer disruptions and greater likelihood of continued licensure

The department recommends that families complete eight hours of training, which provides the basic information necessary to provide care for an abused or neglected child. Once families have completed the training, cleared background checks and home/family assessment, and are licensed, they will complete required training modules that will focus specifically on training designed to support their care of children by focusing on child development, grief and loss, adverse childhood experiences, and positive discipline. Families who receive training while children are in their care are more likely to use the skills successfully and maintain licensure.

FISCAL IMPACT

For child placing agencies, the department expects that costs (both direct and those related to employee time) to complete background checks will decrease based on the limit to the number of years of history required for licensure.

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: Todd Olson, 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., March 23, 2018.

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. The bill sponsor contact requirements of 2-4-302, MCA, do not apply.

9. 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.

/s/ Caroline Warne /s/ Sheila Hogan

Caroline Warne Sheila Hogan, Director

Rule Reviewer Public Health and Human Services

Certified to the Secretary of State February 13, 2018.