Title 52, Title 52

(1) The costs incurred by the Montana early childhood account board in administering the programs described in 52-2-1003 must be paid for with money from the Montana early childhood account provided for in 52-2-1002. The board shall keep costs to a minimum and use existing office…

As used in this part, the following definitions apply: (1) "Child welfare services" means the establishing, extending, and strengthening of child welfare services, especially in predominantly rural areas, for the protection and care of abused or neglected children. (2) "Departmen…

This title may not be construed as authorizing any state or county official, agent, or representative, in carrying out any of the provisions of this title, to take charge of any child over the objection of either of the parents of the child or the person standing in loco parentis…

(1) The department shall leverage and maximize federal resources under Title IV-E of the Social Security Act to support the provision of quality legal representation to children in proceedings under Title 41, chapter 3. (2) The department shall enter into an agreement with the of…

(1) Subject to the authority and regulations of the department and in cooperation with the federal government, the department shall: (a) adopt rules necessary to carry out the purposes of this part; and (b) administer or supervise all child welfare services of the state. (2) The …

The department shall make provision for establishing and strengthening child welfare services, including protective services, and for care of children in registered or licensed family foster homes, child-care agencies, group homes, or treatment facilities. Payment provided under …

The department shall: (1) enforce all laws pertaining to children and take the initiative in all matters involving the interest of abused or neglected children; (2) use funds allocated or appropriated to the department for the purpose of providing for the special medical or mater…

The department shall supervise the importation and exportation of children.

The department shall accept the physical custody of children transferred to the physical or legal custody of the department by the district court pursuant to the provisions of Title 41, chapter 3, and arrange for their care.

The department shall assist other departments, agencies, and public and private institutions of the state and federal government, when so requested, by performing services in conformity with the purposes of this part and particularly such services and duties as may be assigned to…

(1) The director of the department shall appoint a qualified person to act as an Indian child welfare specialist. (2) The duties of the specialist include: (a) developing Indian foster homes and other Indian placement resources; (b) providing technical advice to tribal, state, an…

The department shall develop a state permanent placement policy and plan for children in the state's child welfare system. The state plan must include, at a minimum: (1) a plan that includes locating a permanent home for any child that has been in foster care for more than 1 year…

It is the purpose of this part to strengthen and improve children's services in Montana by requiring interagency cooperation regarding the provision of services to children.

For purposes of this part, unless the context requires otherwise, the following definitions apply: (1) "Children with multiagency service needs" means children under 18 years of age who have a need for services that are available from more than one state agency. (2) "Services" me…

(1) State agencies shall enter into a cooperative agreement for the purpose of coordinating services to children with multiagency service needs. However, the existing state and community interagency service delivery and planning process for developmental disabilities may not be a…

(1) The county commissioners of each county shall ensure the formation of a county or regional interdisciplinary child information and school safety team that includes representatives authorized by any of the following: (a) the youth court; (b) the county attorney; (c) the depart…

The legislature declares that it is the policy of this state: (1) to provide for and encourage the development of a stable system of care, including quality education, treatment, and services for the high-risk children of this state with multiagency service needs, to the extent t…

The following definitions apply to this part: (1) (a) "High-risk child with multiagency service needs" means a child under 18 years of age who is seriously emotionally disturbed, who is placed or who imminently may be placed in an out-of-home setting, and who has a need for colla…

(1) There is a children's system of care planning committee. (2) The committee is composed of the following members: (a) an appointee of the director of the department of public health and human services representing the mental health program; (b) an appointee of the director of …

(1) The committee established in 52-2-303 shall, to the extent possible within existing resources: (a) develop policies aimed at eliminating or reducing barriers to the implementation of a system of care; (b) promote the development of an in-state quality array of core services i…

The department shall adopt rules necessary to implement this part. The rules must be adopted in cooperation with the committee established in 52-2-303.

(1) There is a children's system of care account in the state special revenue fund to the credit of the department. The fund must be used for the purpose of administering and delivering services to high-risk children with multiagency service needs and to provide for the children'…

(1) In order to accomplish the goals of 52-2-301, the department shall establish a pool of qualified in-state providers identified as willing and able to meet the significant needs of high-risk children with multiagency service needs who are currently placed or may be placed out …

(1) The department shall collect the following information regarding high-risk children with multiagency service needs: (a) the number of children placed out of state; (b) the reasons each child was placed out of state; (c) the costs for each child placed out of state; (d) the pr…

The legislature, in recognition of the wide and varied needs of youth in need of care, delinquent youth, and youth in need of intervention of this state and of the desirability of meeting these needs on a community level to the fullest extent possible, establishes by this part a …

For the purposes of this part, the following definitions apply: (1) "Child-care agency" means a youth care facility in which substitute care is provided to 13 or more children or youth. (2) "Department" means the department of public health and human services provided for in 2-15…

(1) The department shall: (a) administer all state and federal funds allocated to the department for youth foster homes, kinship foster homes, youth group homes, youth shelter care facilities, child-care agencies, and transitional living programs for youth in need of care, as def…

When the legal custody of a youth is vested in a public agency under the provisions of this part, the public agency may transfer physical custody of the youth to an appropriate private agency and may purchase care and treatment from the private agency if the private agency submit…

(1) Whenever a youth who is a youth in need of care, a youth in need of intervention, or a delinquent youth is placed by the department of public health and human services or the department of corrections in a youth care facility, the department making the placement shall pay, wi…

If a child has been placed in substitute care, as defined in 41-5-103 and 52-2-602, and a written agreement for payment of support has been entered into by the responsible parent or parents and the department, the debt for support is limited to the amount provided for in the agre…

Nonprofit corporations or associations may be formed or organized for the purpose of establishing youth care facilities or to provide community-based services and to receive from the department and other governmental units such services, facilities, training, and funds as the dep…

(1) The department of public health and human services and the department of corrections may contract with nonprofit corporations or associations to provide facilities and services for youth in need of care, youth in need of intervention, and delinquent youth in youth care facili…

(1) A person may not maintain or operate a youth care facility for any child or children within the meaning of this part without first securing a license from the department. (2) A kinship care provider who provides unlicensed care for a child placed pursuant to the legal authori…

(1) The department may issue licenses to persons operating youth care facilities or grant approval of kinship or extended family care providers and prescribe the conditions upon which licenses and approvals may be issued. The department may make rules necessary for the licensure …

Any person who maintains or operates a youth care facility or assists in operating or maintaining such facility without having first obtained a license in writing as hereto provided shall be guilty of a misdemeanor.

(1) The department shall provide respite care, to the extent funds are available, for foster children who are: (a) persons with developmental disabilities and either on a respite care waiting list or not eligible for respite care from another program; (b) medically demanding beca…

(1) The department shall either directly or by contract with public or private, nonprofit agencies recruit, train, and employ respite care providers. (2) Respite care providers shall meet the qualifications and requirements specified in rules adopted by the department pursuant to…

(1) Except as provided in subsection (3), a person who meets the following criteria may not be assessed the fees identified in subsection (2): (a) the person was previously a foster child as defined in 52-2-602 but is no longer in the custody of the department of public health an…

The department of public health and human services is authorized to apply for and receive from the federal government funds that may be appropriated by the United States congress for aiding in the successful transition of foster care children to adulthood. The department may use …

This part may be cited as the "Montana Child Care Act".

(1) The purpose of this part is to assure that children requiring day care be provided such food, shelter, security and safety, guidance and direction, nurture and comfort, and learning experiences commensurate to their ages and capabilities so as to safeguard the growth and deve…

In this part, the following definitions apply: (1) "Child" means a person under 13 years of age or a person with special needs, as defined by the department, who is under 18 years of age or is 18 years of age and a full-time student expected to complete an educational program by …

(1) The department is responsible for planning, implementing, and coordinating programs under the Montana Child Care Act. (2) The department shall: (a) assess child-care needs and resources within the state; (b) develop a state child-care plan; (c) coordinate child-care programs …

(1) There is an at-home infant care program for low-income families in which a parent provides full-time child care for the family's infant under 2 years of age that will be funded if a specific appropriation is added to the general appropriations act or by budget amendment if fu…

(1) (a) There is a grant program established within the department for the allocation of grant money to local child-care resource and referral programs and for improving the availability of quality child care and school-age day care. (b) Program funds may include money from the f…

The department shall pay a rate established by the department and appropriated by the legislature based on a child's authorized enrollment slot to a day-care facility licensed or registered by the department for each child receiving day-care service and certified eligible by the …