BEFORE THE DEPARTMENT OF PUBLIC
HEALTH AND HUMAN SERVICES OF THE
STATE OF MONTANA
In the matter of the amendment of ARM 37.80.101 pertaining to child care assistance
NOTICE OF PUBLIC HEARING ON PROPOSED AMENDMENT
TO: All Concerned Persons
1. On August 5, 2010, at 1:30 p.m., the Department of Public Health and Human Services will hold a public hearing in the auditorium of the Department of Public Health and Human Services Building, 111 North Sanders, Helena, Montana, to consider the proposed amendment of 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 July 27, 2010, to advise us of the nature of the accommodation that you need. Please contact Rhonda Lesofski, Department of Public Health and Human Services, Office of Legal Affairs, P.O. Box 4210, Helena, Montana, 59604-4210; telephone (406) 444-4094; fax (406) 444-9744; or e-mail email@example.com.
3. The rule as proposed to be amended provides as follows, new matter underlined, deleted matter interlined:
37.80.101 PURPOSE AND GENERAL LIMITATIONS (1) through (12) remain the same.
(13) The child care assistance program will be administered in accordance with:
(a) remains the same.
(b) the Montana Child Care Manual in effect on
September 1, 2007 August 1, 2010. The Montana Child Care Manual, dated September 1, 2007 August 1, 2010, is adopted and incorporated by this reference. The manual contains the policies and procedures utilized in the implementation of the department's Child Care Assistance program. A copy of the Montana Child Care Manual is available at each child care resource and referral agency; at the Department of Public Health and Human Services, Human and Community Services Division, 111 N. Jackson St., P.O. Box 202925, Helena, MT 59620-2925; and on the department's web site at www.childcare.mt.gov.
AUTH: 52-2-704, 53-4-212, MCA
IMP: 52-2-702, 52-2-704, 52-2-713, 52-2-731, 53-2-201, 53-4-211, 53-4-601, 53-4-611, 53-4-612, MCA
4. The Department of Public Health and Human Services (department) is proposing amendment to ARM 37.80.101 pertaining to child care assistance.
ARM 37.80.101(13)(b) currently adopts and incorporates by reference the Child Care Policy Manual effective September 1, 2007. The department proposes to make some revisions to this manual regarding the TANF Working Caretaker Relative Program that will take effect on August 1, 2010.
Changes to the TANF Policy Manual for the Working Caretaker Relative Program require the proposed policy change for the Child Care Policy Manual. The TANF Working Caretaker Relative Program is a program available for individuals caring for child only TANF grant recipients through the public assistance office. However, the Child Care Program manages the child care functions through its administrative oversight of child care payments and eligibility as is reflected in the Child Care Manual. As a result, the Child Care Policy Manual must be updated in addition to the TANF updates to reflect updates in the TANF Manual regarding TANF Working Caretaker Relative Program. Both rules are being changed simultaneously.
The proposed amendment to ARM 37.80.101(13)(b) is necessary to incorporate into the Administrative Rules of Montana the revised versions of the Child Care Policy Manual and to permit all interested parties to comment on the department's policies and to offer suggested changes. It is estimated that changes to the Child Care Policy Manual could affect an average of 83 households and approximately 128 children who have received services through the TANF Working Caretaker Relative Program. Manuals and Child Care policy bulletins are available for review on the department's web site at www.dphhs.mt.gov.
Following is a brief overview of the Child Care Policy Bulletin with substantive changes:
Child Care Section 3-3 - Working Caretaker Relative Child
Care Child Care Section 3-3 is being updated to reflect changes to the copayment and service population for the TANF Working Caretaker Relative Program along with slight administrative processing language updates. Effective August 1, 2010, the mandatory copayment will increase from $10 per family to $150 per family and service will only be provided to children ages 11 and under.
The TANF Working Caretaker Relative Program was implemented pursuant to House Bill 2 (HB 2) (effective August 1, 2007) and House Bill 676 (effective July 1, 2009). Funding for the program was established at $485,072 for state fiscal year 2011. Current expenditures indicate the funding will not be sufficient to provide services at the existing level, therefore in order to stay within the budgeted amount as required per restrictions in HB 2, the above changes are necessary.
The department estimates the change in copayment could impact an average of 83 households and approximately 128 children. The department estimates the change in service population could impact a small number of households with children over the age of 11. Currently there are only two children over the age of 11 receiving services through TANF Working Caretaker Relative Child Care.
5. The department intends to apply this rule retroactively to August 1, 2010, which is needed to provide services at the existing level within the budget restrictions to HB 2.
6. 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: Rhonda Lesofski, 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 firstname.lastname@example.org, and must be received no later than 5:00 p.m., August 13, 2010.
7. The Office of Legal Affairs, Department of Public Health and Human Services, has been designated to preside over and conduct this hearing.
8. 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.
9. 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 the 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.
10. The bill sponsor contact requirements of 2-4-302, MCA, do not apply.
/s/ Francis X. Clinch /s/ Anna Whiting Sorrell
Rule Reviewer Anna Whiting Sorrell, Director
Public Health and Human Services
Certified to the Secretary of State July 6, 2010.