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| Montana Administrative Register Notice 37-559 | No. 17 09/08/2011 | |
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BEFORE THE DEPARTMENT OF PUBLIC HEALTH AND HUMAN SERVICES OF THE STATE OF MONTANA
TO: All Concerned Persons 1. On September 29, at 1:30 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 Department of Public Health and Human Services no later than 5:00 p.m. on September 19, 2011 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 rules as proposed to be amended provide as follows, new matter underlined, deleted matter interlined: 37.80.101 PURPOSE AND GENERAL LIMITATIONS (1) through (12) remain the same. (13) The Child Care Assistance Program will be administered in accordance with: (a) remains the same. (b) the Montana Child Care Manual in effect on IMP: 52-2-702, 52-2-704, 52-2-713, 52-2-731, 53-2-201, 53-4-211, 53-4-601, 37.80.201 NONFINANCIAL REQUIREMENTS FOR ELIGIBILITY AND PRIORITY FOR ASSISTANCE (1) through (9) remain the same. (10) Child care assistance is only available under this chapter for child care provided by: (a) a legally certified provider who is certified under this chapter; or (b) a licensed or registered child care facility certified under this chapter, excluding facilities licensed solely for drop-in, irregular, intermittent, and occasional care. (11) remains the same. AUTH: 40-4-234, 52-2-704, 53-4-212, MCA IMP: 52-2-704, 52-2-713, 52-2-721, 52-2-722, 52-2-723, 52-2-731, 53-2-201, 53-4-211, 53-4-601, 53-4-611, MCA 4. STATEMENT OF REASONABLE NECESSITY The Department of Public Health and Human Services (department) is proposing to make changes to ARM 37.80.101 and 37.80.201 for the following reasons: ARM 37.80.101 This rule currently adopts and incorporates by reference the Montana Child Care Manual effective February 1, 2011. The department proposes to make some revisions to this manual that will take effect on September 1, 2011. The proposed amendment is necessary to incorporate the revisions of the manual into the administrative rules and to permit all interested parties to comment on the department's policies. Manuals and draft manual material are available for review at each local Office of Public Assistance and on the department's web site at www.bestbeginnings.mt.gov.
Following is a brief overview of the Child Care Manual sections with substantive changes related to the above ARM changes.
Section 1-8 - Overview - Best Beginnings Child Care Scholarships - Provider Eligibility - Overview - Providers Shall Maintain Their License, Registration, or Payment Number
This manual provision is being updated to include the following language: "Facilities licensed solely for drop-in, irregular, intermittent, and occasional care are excluded". This language is related to the adoption by the Quality Assurance Division, Licensing Bureau of a new provider licensing type: ARM 37.95.1101(1) defines "Drop-in day care center" or "center" as "means a day care center which only provides care to children on an irregular, intermittent, and occasional basis and that provides care only when parents are not in the same premises or not immediately available". ARM 37.95.101(2) defines "Irregular, intermittent, and occasional basis" as "means periods of time less than four days a week for no more than three consecutive weeks". It is the use of the terms "irregular, intermittent, and occasional" that prohibits the use of this facility-type by the Best Beginnings Child Care Scholarship Program because subsidized child care is based on scheduled care. Regular licensed day care centers, registered family and group day care homes, and certified legally registered providers can be selected by families receiving subsidy assistance because these facility-types offer regularly scheduled care.
ARM 37.80.201 This rule is being updated to include language related to the adoption by the Quality Assurance Division, Licensing Bureau of a new provider licensing type: Permissive Licenses, ARM 37.95.1102(1) and (2) defines drop-in care center as "a day care center which only provides care to children on an irregular, intermittent, and occasional basis and that provides care only when parents are not in the same premises or not immediately available". "Irregular, intermittent, and occasional basis means periods of time less than four days a week for no more than three consecutive weeks." It is the use of the terms "irregular, intermittent, and occasional" that prohibits the use of this facility-type by the Best Beginnings Child Care Scholarship Program because subsidized child care is based on scheduled care. Regular licensed day care centers, registered family and group day care homes, and certified legally registered providers can be selected by families receiving subsidy assistance because these facility-types offer regularly scheduled care.
Fiscal Impact The department does not anticipate any adverse affect or any fiscal impact associated with the proposed amendments to the manual and to these rules. 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 dphhslegal@mt.gov, and must be received no later than 5:00 p.m., October 6, 2011. 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. /s/ Francis X. Clinch /s/ Anna Whiting Sorrell Rule Reviewer Anna Whiting Sorrell, Director Public Health and Human Services Certified to the Secretary of State August 29, 2011.
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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.
