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 10, 2012, 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 1, 2012, 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 MT 59604-4210; telephone (406) 444-4094; fax (406) 444-9744; or e-mail firstname.lastname@example.org.
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 Department of Public Health and Human Services adopts and incorporates by reference the regulations adopted by the Association of Administrators of the Interstate Compact on the Placement of Children as amended through
April 18, 2010 May 6, 2012. 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) and (b) remain the same.
(c) interstate placement of a child
into the home of the for adoption or foster care or with the child's parent , or relative or nonagency guardian;
(d) definitions and placement categories, applicability and exemptions;
(d) through (f) remain the same but are renumbered (e) through (g).
(g) (h) procedures for priority expedited placements;
(h) and (i) remain the same but are renumbered (i) and (j).
(j) (k) applicability to guardianships; and
(k) (l) responsibility of states to supervise children .; and
(m) private and independent adoptions.
(2) A copy of the regulations adopted by the Association of Administrators of the Interstate Compact on the Placement of Children as amended through
April 18, 2010 May 6, 2012, can be obtained from the Department of Public Health and Human Services, Child and Family Services Division, 301 South Park Avenue, Room 568, P.O. Box 202951 8005, Helena, MT 59620-2951 59604.
AUTH: 52-2-111, MCA
IMP: 41-4-101, 52-2-111, MCA
4. STATEMENT OF REASONABLE NECESSITY
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. The Interstate Compact on the Placement of Children (ICPC) is an agreement that states enter into to assure safe placements of children when they are sent from one state to another for purposes of custody or foster care.
Under 41-4-101, MCA, Article VII, the state administrator of the ICPC has the power to promulgate rules to carry out the provisions of the Compact. The regulations, enacted by the Association of Administrators of the ICPC (AAICPC) as of May 6, 2012, are proposed to be adopted in ARM 37.50.901(1)(a) through (m) for use in Montana.
The AAICPC-enacted regulations reflected in the proposed amendments to ARM 37.50.901 include: Regulation 2 (interstate placement of a child for adoption or foster care or with the child's parent or relative) as amended on May 1, 2011, effective October 1, 2011; Regulation 3 (definitions and placement categories, applicability and exemptions) as amended on May 1, 2011, effective October 1, 2011; Regulation 4 (residential placements) as amended on May 5, 2012, effective October 1, 2012; Regulation 5 (central state compact office) as amended on May 5, 2012, effective July 1, 2012; Regulation 7 (expedited placement decision) as amended on May 1, 2011, effective October 1, 2011; and Regulation 12 (private/independent adoptions) as adopted May 6, 2012, effective October 1, 2012.
The amendments to ARM 37.50.901 are necessary so that Montana is following the same AAICPC regulations that other states have adopted.
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 meeting. The AAICPC regulations are incorporated into states' rules to assist in the administration and enforcement of the ICPC. The regulations for the proposed amendments to ARM 37.50.901 were enacted at AAICPC's meetings held in 2011 and 2012.
No fiscal impact is anticipated due to the amendment of this rule.
5. The department intends to apply these rules retroactively to October 1, 2012. 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: Kenneth Mordan, 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 8, 2012. Comments may also be faxed to (406) 444-9744 or e-mailed to email@example.com.
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 Kenneth Mordan at the above address no later than 5:00 p.m., November 8, 2012.
8. If the agency receives requests for a public hearing on the proposed action from either 10% 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 33 persons based on 250 Department of Public Health and Human Services Child Protection Specialists, five attorneys in Montana who do private interstate adoptions as part of their practice each year, and 75 parents, probation officers, parole officers, and Tribal Social Services staff who place Montana children in out-of-state residential treatment facilities each year.
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/ Anna Whiting Sorrell
Rule Reviewer Anna Whiting Sorrell, Director
Public Health and Human Services
Certified to the Secretary of State October 1, 2012.