Administrative Rules of the State of Montana

BEFORE THE DEPARTMENT OF PUBLIC

HEALTH AND HUMAN SERVICES OF THE

STATE OF MONTANA

In the matter of the adoption of New Rules I through III pertaining to child-facing employee certification and supervisory training

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NOTICE OF PUBLIC HEARING ON PROPOSED ADOPTION

TO: All Concerned Persons

1. On March 3, 2022, at 10:00 a.m., the Department of Public Health and Human Services will hold a public hearing via remote conferencing to consider the proposed adoption of the above-stated rules. Interested parties may access the remote conferencing platform in the following ways:

(a) Join Zoom Meeting at: https://mt-gov.zoom.us/j/81558356409; meeting ID: 815 5835 6409; or

(b) Dial by telephone +1 646 558 8656; meeting ID: 815 5835 6409. Find your local number: https://mt-gov.zoom.us/u/kgLupPx4B.

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 the Department of Public Health and Human Services no later than 5:00 p.m. on February 18, 2022, to advise us of the nature of the accommodation that you need. Please contact Valerie St. Clair, Department of Public Health and Human Services, Office of Legal Affairs, P.O. Box 4210, Helena, Montana, 59604-4210; telephone (406) 444-6863; fax (406) 444-9744; or e-mail dphhslegal@mt.gov.

3. The rules as proposed to be adopted provide as follows:

NEW RULE I CHILD PROTECTION SPECIALIST CERTIFICATION (1) All Child and Family Services Division employees who are employed in child-facing employment positions, including child protection specialist supervisors and child protection specialists, must maintain certification.

(2) All division employees in child-facing positions hired after October 1, 2021 must successfully complete the training requirements for initial certification in their first year of employment.

(3) Following the completion of the mandatory training requirements, the division employee in a child-facing position must obtain a passing score on a competency examination approved by the division administration. An overall score of 80% is required for passage of the competency examination.

(a) Any division employee in a child-facing position who does not obtain a passing score as outlined above, must meet with their direct supervisor and regional training staff to review all relevant materials prior to attempting the competency examination again.

(b) Any division employee in a child-facing position who does not obtain a passing score on the competency examination following a second attempt must meet with the regional administrator and the division training development supervisor to review all relevant materials prior to attempting the competency examination again.

(c) Following the third unsuccessful attempt to obtain a passing score on the competency examination, the progressive discipline process through the department's human resources office will be utilized.

(d) If an employee hired after October 1, 2021 resigns and returns to the division within one year, and prior to resignation had completed the required training, the employee may choose to take the competency examination without repeating the training program.

(e) Current employees who were hired prior to October 1, 2021 who have completed training within the first year of hire are not required to repeat the training.

(i) Current employees must complete and pass the competency examination by October 1, 2023.

(ii) If the employee does not pass the competency examination within two attempts, the employee must repeat the training program prior to the third attempt.

(4) To be a child protection specialist supervisor, an employee must obtain the child protection specialist certification.

(5) Each division employee in a child-facing position who successfully completes the initial certification process must complete twenty hours of training on an annual basis.

(a) Annual training topics must include the topics required by statute.

(b) Other annual training topics approved by the division include, but are not limited to:

(i) parent coaching and supportive visitation;

(ii) childhood trauma;

(iii) multidisciplinary/child protection team;

(iv) substance use disorders;

(v) engagement and communication with children;

(vi) engagement and communication with adults;

(vii) forensic interview training;

(viii) identification and support of commercial sexual exploitation; and

(ix) any other trainings approved by division administration.

(6) For purposes of this rule, "division" means the Child and Family Services Division.

AUTH: 41-3-131, MCA

IMP: 41-3-127, 41-3-129, 41-3-130, MCA

NEW RULE II INITIAL CHILD PROTECTION SPECIALIST SUPERVISORY TRAINING (1) Child protection specialist supervisors are required to attend supervisory training. It is the responsibility of the division's training unit to develop, coordinate, implement, and track the completion of the initial supervisory training.

(2) All child protection specialist supervisors hired after July 1, 2021 must complete the initial supervisory training within the first year of employment as a child protection specialist supervisor.

(a) Training topics for child protection specialist supervisors include, but are not limited to:

(i) personnel management and supervision framework;

(ii) the division safety assessment model;

(iii) the division practice model; and

(iv) leadership in child welfare.

(3) Proof of successful completion of the required training hours must be provided to the division's training unit.

(4) For purposes of this rule, "division" means the Child and Family Services Division.

AUTH: 52-2-111, MCA

IMP: 52-2-111, MCA

NEW RULE III ANNUAL CHILD PROTECTION SPECIALIST SUPERVISORY TRAINING (1) Child protection specialist supervisors must complete annual child welfare supervisory training. It is the responsibility of the division's training unit to develop, coordinate, implement, and track the completion of these supervisory trainings on an annual basis.

(2) Child protection specialist supervisors must complete twenty hours of child welfare supervisory training annually and have the completion recorded and tracked by the division's training unit.

(3) Annual training topics for child protection specialist supervisors are based on topics relevant to the position.

(4) All supervisory trainings completed by child protection specialist supervisors must be approved by the division's administration. Proof of successful completion of supervisory trainings must be provided to the division's training unit.

(5) Twenty hours of child protection specialist supervisory training will count toward the twenty-hour child protection specialist recertification.

(6) For purposes of this rule, "division" means the Child and Family Services Division.

AUTH: 52-2-111, MCA

IMP: 52-2-111, MCA

4. STATEMENT OF REASONABLE NECESSITY

The Department of Public Health and Human Services (department) is proposing to adopt New Rules I through III pertaining to child-facing employee certification and supervisory training.

House Bill (HB) 459, passed by the 2021 Montana Legislature, codified as 41-3-127, 41-3-128, 41-3-129, and 41-3-130, MCA, requires all employees in child-facing positions within the division to successfully complete certification requirements, consisting of certain child protection coursework (including topics identified in 41-3-128(2)(a), MCA) and successful completion of a competency examination, and, thereafter, complete annual training, including specific areas of training as required by 41-3-128 and 41-3-129, MCA. Sections 41-3-128 and 41-3-129, MCA specifically require that the child protection specialist certification coursework and process for annual renewal of the certification be specified by the department by rule.

House Bill (HB) 416, passed by the 2021 Montana Legislature, amended 52-2-111, MCA to require employees in certain supervisory positions, identified as district supervisors or supervisors of field staff, within the Child and Family Services Division (division) to complete annual child welfare supervisory training. HB 416 does not explicitly state that the training requirements must be written into rule. However, to maintain consistency with the new training and certification requirements and to further the division's mission, the department elects to include all child protection specialist and child protection specialist supervisor certification and training requirements into rule.

The department proposes adding these rules to facilitate the statutorily required trainings.

The department proposes to add New Rule I to facilitate the certification requirements for a child protection specialist as required by 41-3-127, 41-3-128, 41-3-129, and 41-3-130, MCA.

The department proposes to add New Rule II to facilitate the requirement that district supervisors, or supervisors of field staff, must complete annual child welfare supervisory training. The department elects to add these requirements to rule as stated above.

The department proposes to add New Rule III to combine the requirements of New Rule I and New Rule II for child protection specialist supervisors. Because the department proposes that child protection specialist supervisors would also be certified child protection specialists, child protection specialist supervisors would be subject to both the annual child protection specialist recertification training requirements and the annual child welfare supervisory training requirements. To minimize the training burden on such supervisors, the department proposes that the supervisor's annual child welfare supervisory training would count toward the supervisor's annual child protection specialist recertification training requirement. The child protection specialist supervisor training will differ from child protection specialist training in that it will contain child welfare topics and supervisory training.

Fiscal Impact

There is no anticipated fiscal impact associated with this rulemaking under 2-4-111 or 2-4-302(1)(c), MCA.

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: Valerie St. Clair, 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., March 11, 2022.

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. The bill sponsor contact requirements of 2-4-302, MCA, apply and have been fulfilled. The primary bill sponsor was notified by email on January 6, 2022.

9. With regard to the requirements of 2-4-111, MCA, the department has determined that the adoption of the above-referenced rules will not significantly and directly impact small businesses.

/s/ Ashley D. Morigeau /s/ Adam Meier

Ashley D. Morigeau Adam Meier, Director

Rule Reviewer Public Health and Human Services

Certified to the Secretary of State February 1, 2022.