BEFORE THE DEPARTMENT OF PUBLIC

HEALTH AND HUMAN SERVICES

OF THE STATE OF MONTANA

 

In the matter of the amendment of ARM 37.50.901 pertaining to interstate compact on the placement of children

) ) ) ) )

NOTICE OF PROPOSED AMENDMENT   NO PUBLIC HEARING CONTEMPLATED

 

TO:  All Concerned Persons

 

1.  On November 13, 2010, the Department of Public Health and Human Services proposes to amend the above-stated rule.

 

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 5, 2010, to advise us of the nature of the accommodation that you need.  Please contact Rhonda Lesofski, 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) 444-1970; or e-mail dphhslegal@mt.gov.

 

3.  The rule as proposed to be amended provides as follows, new matter underlined, deleted matter interlined:

 

            37.50.901  INTERSTATE COMPACT ON THE PLACEMENT OF CHILDREN

            (1)  The dDepartment of pPublic hHealth and hHuman sServices hereby adopts and incorporates by reference the regulations adopted by the aAssociation of aAdministrators of the iInterstate cCompact on the pPlacement of cChildren as amended through April 30, 2000 April 18, 2010.  These regulations interpret the interstate compact on the placement of children and include clarifications of the applicability of the interstate compact on the placement of children with regard to the following:

            (a) remains the same.

            (b)  interstate relocation by foster parents of family units;

            (c) remains the same.

            (d)  interstate placements of children in educational institutions, hospitals and institutions for the mentally ill or mentally defective residential treatment facilities;

            (e) remains the same.

            (f)  a 6-month six-month time limit on placement authorization;

            (g) and (h) remain the same.

            (i)  definition of a visit; and

            (j)  applicability to guardianships.; and

            (k)  responsibility of states to supervise children.

            (2)  A copy of the regulations adopted by the aAssociation of aAdministrators of the iInterstate cCompact on the pPlacement of cChildren as amended through April 30, 2000 April 18, 2010, can be obtained from the Department of Public Health and Human Services, Child and Family Services Division, 1400 Broadway 301 South Park Avenue, Room 568, P.O. Box 202951, Helena, MT 59620-2951.

 

AUTH:  41-3-1103, 52-2-111, 53-4-111, MCA

IMP:  41-3-1101, 41-4-101, 52-2-111, 53-4-114, MCA

 

            4.  The Department of Public Health and Human Services (the department) is proposing the amendment of ARM 37.50.901 pertaining to interstate compact on the placement of children.

 

Under 41-4-101, MCA, Article VII, the administrators of the Interstate Compact on the Placement of Children (ICPC) have the power to promulgate rules to carry out the terms and provision of the compact.  The regulations promulgated by the Association of Administrators of the ICPC (AAICPC) as of April 18, 2010 are proposed to be adopted in ARM 37.50.901 for use in Montana. 

 

ARM 37.50.901(1)(a) through (k) incorporate all new and amended regulations promulgated by the AAICPC since ARM 37.50.901 was last updated in 2001.  The regulations include the following:  Regulation 0.01 (forms) as amended on May 2, 2001, effective July 2, 2001; Regulation 1 (interstate relocation of family units) as amended on April 18, 2010, effective October 1, 2010; Regulation 3 (placements with parents, relatives, nonagency guardians, and nonfamily settings) as amended on May 2, 2001, effective July 2, 2001; Regulation 4 (residential placements) as amended on May 2, 2001, effective July 2, 2001; Regulation 5 (central state compact office) as amended on April 2002, effective June 27, 2002; Regulation 6 (permission to place child:  time limitations, reapplication) as amended on May 2, 2001, effective July 2, 2001; Regulation 7 (priority placement) as amended on May 2, 2001, effective July 2, 2001; Regulation 9 (definition of a visit) as amended on April 2002, effective June 27, 2002; Regulation 10 (guardianships) as amended on April 2002, effective June 27, 2002; and Regulation 11 (responsibility of states to supervise children) as adopted on April 18, 2010, effective October 1, 2010. 

 

The amendments to ARM 37.50.901 are necessary to incorporate changes made to the ICPC regulations at the AAICPC annual meetings held in 2001, 2002, and 2010.

 

For the ICPC regulations themselves, proposed changes are submitted to each state at least 30 days prior to the annual AAICPC business meeting.  Voting on new regulations and amendments to existing ones is done at the meetings.  The AAICPC regulations are incorporated into other states' rules to assist in the administration and enforcement of the ICPC statute, and because they are used in practice.

 

No fiscal impact is anticipated.

 

            5.  The department intends to apply these rules retroactively to October 1, 2010.  A retroactive application of the proposed rules does not result in a negative impact to any affected party.

 

6.  Concerned persons may submit their data, views, or arguments concerning the proposed action in writing to: Rhonda Lesofski, Office of Legal Affairs, Department of Public Health and Human Services, P.O. Box 4210, Helena MT 59604-4210, no later than 5:00 p.m. on November 12, 2010.  Comments may also be faxed to (406) 444-1970 or e-mailed to dphhslegal@mt.gov.

 

7.  If persons who are directly affected by the proposed action wish to express their data, views, or arguments orally or in writing at a public hearing, they must make written request for a hearing and submit this request along with any written comments to Rhonda Lesofski at the above address no later than 5:00 p.m., November 12, 2010.

 

8.  If the agency receives requests for a public hearing on the proposed action from either 10 percent or 25, whichever is less, of the persons directly affected by the proposed action; from the appropriate administrative rule review committee of the Legislature; from a governmental subdivision or agency; or from an association having not less than 25 members who will be directly affected, a hearing will be held at a later date.  Notice of the hearing will be published in the Montana Administrative Register.  Ten percent of those directly affected has been determined to be 25 based on 250 Department of Public Health and Human Services child protection specialists.

 

9.  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.

 

10.  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 this 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.

 

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

 

 

 

 

/s/  Michelle Maltese                         /s/  Hank Hudson for                                    

Rule Reviewer                                   Anna Whiting Sorrell, Director

                                                            Public Health and Human Services

 

Certified to the Secretary of State October 4, 2010.