BEFORE THE DEPARTMENT OF PUBLIC

HEALTH AND HUMAN SERVICES OF THE

STATE OF MONTANA

 

In the matter of the adoption of New Rules I and II and the amendment of ARM 37.5.118, 37.5.304, 37.5.307, 37.47.602, 37.47.610, 37.47.613, 37.47.615, and 37.51.216 pertaining to substantiations of child abuse and neglect and background checks for placement and licensing

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NOTICE OF ADOPTION AND AMENDMENT

 

TO: All Concerned Persons

 

1. On January 15, 2015, the Department of Public Health and Human Services published MAR Notice No. 37-702 pertaining to the public hearing on the proposed adoption and amendment of the above-stated rules at page 1 of the 2015 Montana Administrative Register, Issue Number 1.

 

2.  The department has adopted New Rule I (37.47.614) and II (37.47.305) as proposed.

 

3. The department has amended ARM 37.5.118, 37.5.304, 37.5.307, 37.47.602, 37.47.610, 37.47.615, and 37.51.216 as proposed.

 

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

 

          37.47.613 CHILD PROTECTIVE SERVICES: LISTING OF DETERMINATION IN THE PROTECTION INFORMATION SYSTEM  (1) through (7) remain as proposed.

          (8) Informational and founded reports that are associated with a prior or subsequent child abuse or neglect report that is investigated and determined as unfounded, unsubstantiated, founded, or substantiated will be retained in the department's protective services information system described in ARM 37.47.315 for the applicable time period for the associated report.

 

AUTH: 2-4-201, 41-3-208, MCA

IMP: 2-4-201, 41-3-202, 41-3-204, MCA

 

5. 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: Department staff noticed that the new definition "founded" and the existing term "unfounded" were inadvertently not added to ARM 37.47.613(8).

 

RESPONSE #1: The department has added the terms "founded" and "unfounded" to the list of determination reports that will be retained in the department's protective services information system.

 

          6. The department intends to apply the following rules effective on July 1, 2015: New Rule I (37.47.614); ARM 37.5.118, ARM 37.47.602 except for (10) and (11); ARM 37.47.610(8); and ARM 37.47.613. The reason for the future effective date is to give time for the updating of forms and other documents used by the state of Montana and Montana counties. All other proposed amendments will be effective the day after publication of the final adoption notice.

 

 

 

/s/ Mark Prichard                                   /s/ Richard H. Opper                            

Mark Prichard, Attorney                         Richard H. Opper, Director

Rule Reviewer                                       Public Health and Human Services

         

Certified to the Secretary of State March 16, 2015