Title 52, Title 52

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 …

There is a best beginnings child care scholarship program administered by the department. The program is established to provide scholarships to qualified low-income families whose child received care provided by a licensed or registered child care provider or day-care facility.

In determining income eligibility for the best beginnings child care scholarship program, the department shall: (1) set a qualifying income threshold at no less than 185% of the federal poverty level for each family size; and (2) set a maximum qualifying income level that is no h…

Each eligible family shall participate in the cost of child care by making a copayment based on a sliding fee scale not to exceed 9% of an eligible family's monthly income.

(1) Except as provided in subsection (7), a person, group of persons, or corporation may not: (a) establish or maintain a day-care center for children, in which day care is provided on a regular basis, unless licensed to do so by the department; (b) operate a family day-care home…

(1) Application for a license or registration certificate shall be made to the department in the county in which the applicant lives on forms prescribed by the department. (2) Applications for a license or registration certificate by Indians residing on Indian reservations shall …

(1) The department shall include in the minimum standards for day-care centers the following requirements: (a) The applicant, the applicant's employees, and all those persons who will come in direct contact with the children are of good character. (b) The staff of the day-care fa…

(1) The department may issue a provisional license or provisional registration certificate for a period which may not exceed 6 months if it finds that a day-care facility or applicant does not meet all standards established by the department, as long as the facility or applicant …

If a licensed or registered day-care facility desires to renew a license or registration certificate, the request for renewal shall be made in writing, on forms prescribed by the department, in the county in which the applicant lives, 30 days prior to the expiration of its licens…

(1) The department, after written notice to the applicant, licensee, or registrant, may deny, suspend, cancel, reduce, modify, or revoke a license or registration certificate upon finding that: (a) any of the applicable conditions set forth in this part as prerequisites for the i…

In developing standards, the department shall seek the advice and assistance of the superintendent of public instruction, representatives of day-care facilities, specialists in child care, and representatives of parent groups who use the services of day-care facilities. The stand…

It shall be the duty of every applicant for a license or for registration and every licensee or registrant to give the right of entrance to and inspection of premises to representatives of the department at reasonable times, to keep and maintain such records as the department may…

(1) The department or its authorized representative shall make periodic visits to all licensed day-care centers to ensure that minimum standards are maintained. (2) The department may investigate and inspect the conditions and qualifications of any day-care center, group day-care…

(1) The state fire prevention and investigation section of the department of justice shall adopt and enforce rules for the protection of children in day-care centers from fire hazards and arrange for any inspections and investigations it considers necessary. (2) Before a license …

(1) The department shall adopt rules for the protection of children in day-care centers from the health hazards of inadequate food preparation, poor nutrition, and communicable diseases. Rules adopted by the department must include rules requiring children under 5 years of age to…

(1) An employee, owner, household member, volunteer, or operator of a day-care facility, as defined in 52-2-703, regardless of whether the facility is licensed or registered, may not purposely or knowingly administer any medicine, as defined in 37-7-101, to a child attending the …

There must be at least two caregivers caring for the children at all times when there are more than eight children present at a group day-care home.

(1) A person, group of persons, or corporation who establishes or maintains a day-care facility or assists in conducting or maintaining a day-care facility without first obtaining a license or registration certificate from the department as provided for in this part is guilty of …

The purpose of this part is to provide for the licensure and regulation of private alternative adolescent residential or outdoor programs to monitor and maintain a high standard of care and to ensure the health and safety of the adolescents and parents using the programs.

As used in this part, the following definitions apply: (1) "Department" means the department of public health and human services provided for in 2-15-2201. (2) "Direct access" means that an individual has or likely will have person-to-person spoken or physical contact with or acc…

The department shall: (1) exercise licensing authority over all programs under this part; (2) adopt rules prescribing the health and safety standards upon which licenses are issued under this part; (3) adopt rules setting forth reasonable licensing fees; (4) make available to the…

(1) A person, group of persons, or corporation may not establish or maintain a program as defined in this part unless licensed to do so by the department. A license is valid only for the person and premises for which it was issued. A license may not be sold, assigned, or transfer…

(1) The department shall require applicants and licensees: (a) to submit a set of fingerprints for each person associated with the program who has direct access to program participants for the purpose of conducting a criminal and child protection background check by the Montana d…

The department may issue a provisional license for a period not to exceed 1 year if it finds that a licensee or applicant does not meet all standards established by the department as long as the licensee or applicant is attempting to meet the minimum standards.

If a licensed program desires to renew a license, the request for renewal must be made at least 30 days prior to the expiration of its license.

(1) The department, after written notice to the applicant or licensee, may deny, suspend, cancel, reduce, modify, or revoke a license upon finding that: (a) any of the applicable conditions set forth in this part and the rules adopted pursuant to this part as prerequisites for th…

Every applicant for a license and every licensee shall give the right of entrance to and inspection of premises to representatives of the department at reasonable times, keep and maintain records as the department may prescribe, permit inspection of these records, and report to t…

(1) The department or its authorized representative shall make periodic visits to all licensed programs to ensure that minimum standards are maintained. (2) The department shall investigate and inspect the conditions and qualifications of any program seeking or holding a license …

(1) A person who establishes or maintains a program or assists in conducting or maintaining a program without first obtaining a license from the department as provided for in this part is guilty of a misdemeanor and upon conviction is punishable by a fine not to exceed $500. (2) …

(1) In providing early intervention services for deaf and hard-of-hearing children and their families pursuant to Part B and Part C of the Individuals with Disabilities Education Act, 20 U.S.C. 1431, et seq., the department and the office of public instruction shall provide a lis…

As used in this part, the following definitions apply: (1) "American sign language" means visual American sign language, tactile American sign language, or protactile American sign language. (2) "Department" means the department of public health and human services provided for in…

(1) The department and the office of public instruction shall collaborate to select language developmental milestones from existing standardized norms to develop a resource for parents to use in monitoring the expressive and receptive language acquisition of deaf and hard-of-hear…

The department of public health and human services shall: (1) consult with and advise organized efforts by communities, organizations, associations, and groups that are working toward any forms of assistance to problems of aging; (2) study and identify problems of aging; (3) revi…

The department of public health and human services may receive on behalf of the state any grant from the federal government or any grant or gift from any source and accept the grant or gift so that the title will pass to the state. All grants, grants-in-aid, or gifts must be depo…

(1) The department of public health and human services may designate as an area agency in a geographical area an entity that demonstrates its ability to: (a) develop and administer an area plan for a comprehensive and coordinated system of services; and (b) serve as the advocate …

(1) There is an older Montanans trust fund within the permanent fund type. The trust fund is subject to legislative transfer and appropriation as provided in this section. (2) The money in the fund may be used to create new, innovative services or to expand existing services for …

This part may be cited as the "Protective Services Act for Vulnerable Adults".

As used in this part, the following definitions apply: (1) "Department" means the department of public health and human services provided for in 2-15-2201. (2) "Protective services" means emergency services that are provided in a coordinated effort by the department to a vulnerab…

To ensure that vulnerable adults in the state are afforded the opportunity to receive protective services and to implement certain provisions of the federal government's Title XX, Social Services Amendments of 1972, the legislature declares that the department is the public agenc…

The department is responsible for acting on requests for protective services from vulnerable adults or from relatives, friends, or other reputable persons requesting the services on behalf of a vulnerable adult.

The department may implement a program for protective services by establishing appropriate rules which are not inconsistent with the department's activities.

The department shall make annual reports on the number of people served by this part and the type of protective services made available to the vulnerable adults of Montana.

(1) The provision of protective services does not create a guardianship or conservatorship relationship between the department and the vulnerable adult. (2) The department may not provide protective services that impose a legal limitation or restriction on a vulnerable adult: (a)…

As used in this part, unless the context clearly indicates otherwise, the following definitions apply: (1) "Department" means the department of public health and human services provided for in 2-15-2201. (2) "Older Americans Act" means the Older Americans Act of 1965, as amended,…

The purpose of this part is to grant the department authority to develop and administer the state plan on aging, to coordinate services to older adults pursuant to the Older Americans Act, and to establish or redesignate planning and service areas pursuant to section 305 of that …

The department may administer and develop the state plan on aging.