HOUSE BILL NO. 486
INTRODUCED BY J. JAYNE
A BILL FOR AN ACT ENTITLED: "AN ACT REVISING FOSTER CARE SERVICES ELIGIBLE FOR PAYMENTS, INCLUDING CLOTHING, DIAPERS, TRANSPORTATION, AND PLACEMENT ALLOWANCES; REMOVING THE REQUIREMENT FOR PAYMENTS TO BE LIMITED BY APPROPRIATIONS; CLARIFYING THAT THE DEPARTMENT OF PUBLIC HEALTH AND HUMAN SERVICES MUST ADOPT RULES FOR QUALIFICATIONS OF RESPITE CARE PROVIDERS FOR FOSTER CHILDREN; PROVIDING AT LEAST 16 HOURS A MONTH OF RESPITE CARE UPON REQUEST TO ALL CHILDREN IN YOUTH FOSTER HOMES; ALLOWING RESPITE CARE ALLOWANCES FOR FOSTER CHILDREN RECEIVING SUPPLEMENTAL SERVICES; REQUIRING THE DEPARTMENT TO KEEP A LIST OF RESPITE CARE PROVIDERS AS A RESOURCE FOR FOSTER PARENTS; REQUIRING THE DEPARTMENT TO PROVIDE A YOUTH CARE FACILITY INFORMATION ABOUT A FOSTER CHILD'S HIV OR AIDS STATUS IF IT HAS THE INFORMATION AND IF THE FACILITY CERTIFIES THAT IT IS SUBJECT TO THE PROVISIONS FOR CONFIDENTIAL HEALTH CARE INFORMATION; PROVIDING AN APPROPRIATION; AND AMENDING SECTIONS 41-3-1103, 41-3-1122, 41-3-1151, AND 50-16-603, MCA; AND PROVIDING AN EFFECTIVE DATE."
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Section 41-3-1103, MCA, is amended to read:
"41-3-1103. Powers and duties of department. (1) The department shall:
(a) administer all state and federal funds allocated to the department for youth foster homes, youth group homes, child-care agencies, and youth assessment centers for youth in need of care, as defined in 41-3-102;
(b) exercise licensing authority over all youth foster homes, youth group homes, child-care agencies, and youth assessment centers;
(c) collect and disseminate information relating to youth in need of care;
(d) provide for training of program personnel delivering services;
(e) in cooperation with youth care facility providers, develop and implement standards for youth care facilities;
(f) maintain adequate data on placements it funds in order to keep the legislature properly informed of the following:
(i) the number of youth in need of care in out-of-home care facilities;
(ii) the cost per facility for services rendered;
(iii) the type and level of care of services provided by each facility;
(iv) a profile of out-of-home care placements by level of care; and
(v) a profile of public institutional placements;
(g) administer all funds allocated to the department for residential alcohol and drug abuse treatment for indigent youths
in need of care, indigent youths in need of intervention, and indigent delinquent youths who require treatment; and
(h) provide reimbursement for mental health outpatient counseling services for persons who experience the death of a foster child while providing substitute care to the foster child in a youth care facility; and
(i) adopt rules for qualifications and requirements for respite care providers.
(2) The department may:
(a) enter into contracts with nonprofit corporations or associations or private organizations to provide substitute care for youth in need of care in youth care facilities;
(b) accept gifts, grants, and donations of money and property from public and private sources to initiate and maintain community-based services to youth;
(c) adopt rules to carry out the administration and purposes of this part.
(3) The department shall pay for room, board, clothing, personal needs, transportation, and treatment in youth foster care homes and youth group homes for youths committed to the department who need to be placed in the facilities from the date of placement.
(a) Payments for the clothing of a child placed in a youth foster home must be provided to the extent the child needs a
basic wardrobe, a seasonal wardrobe, and a school wardrobe or has a special clothing need, including age-appropriate and
sex-appropriate hygiene needs. Payments under this subsection may not exceed appropriations for the purposes of this
subsection. Payments must be a minimum of $750 a year for a foster child who is 13 years of age to under 18 years of age
and a minimum of $650 a year for a foster child 12 years of age and under.
(b) A diaper allowance of a minimum of $45 a month must be paid for children 4 years of age and under in a youth foster home.
(c) A placement allowance of a minimum of $150 must be provided at the time of placement of a foster child for clothing, diapers, personal needs, transportation, and other immediate needs.
(d) Actual transportation costs of the foster child, at the state rate not to exceed $100 a month, must be provided without mileage limitations for approved school, church, medical visits, and family visitation.
(4) The department may provide a subsidy for a guardianship of a child who is in the department's legal custody if the guardianship has been approved by the department pursuant to 41-3-421 and in accordance with eligibility criteria established by department rule.
(5) The department shall provide a youth care facility with information that the department has regarding a foster child's HIV or AIDS status, subject to the youth care facility certifying that it will not use or disclose the health care information for any other purposes and that the youth care facility will take appropriate steps to protect the health care information, subject to 50-16-604."
Section 2. Section 41-3-1122, MCA, is amended to read:
"41-3-1122. Payment for support of youth in need of care, youth in need of intervention, or delinquent youth --
reimbursement by county. (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, within the limits of the appropriation for that purpose, a
foster care payment to the youth care facility at a rate established by the department of public health and human services for
the youth's board, clothing, personal needs, treatment, and room.
(2) On or before the 20th of each month, the department of public health and human services or the department of corrections shall present a claim to the county of residence of the youth for no more than one-half of the nonfederal share of the payments made during the month. The county shall make reimbursement to the department within 20 days after the claim is presented.
(3) Except as provided in subsection (4), when a county's level of expenditure for any year reaches the level of reimbursement for foster care in fiscal year 1987, the county has no further obligation for foster care expenditures.
(4) If a county's level of expenditure for foster care in fiscal year 1987 was $10,000 or less, the county's level of expenditure for purposes of determining the county's reimbursement specified in subsection (3) is the level of expenditures for fiscal year 1987 or the average of expenditures for fiscal years 1984 through 1987, whichever is less.
(5) A county that was state-assumed prior to 1987 but that at a later date reassumes responsibility pursuant to 53-2-811 is responsible for reimbursement of foster care expenditures up to the county's calculated level of expenditures for fiscal year 1987 as if the county had not been state-assumed.
(6) The department shall conduct or arrange for the review required under 41-3-1115, or, when applicable, 41-3-1010 of
a youth placed in a youth care facility if the youth is placed by the department."
Section 3. Section 41-3-1151, MCA, is amended to read:
"41-3-1151. Respite care. (1) The department shall provide respite care, to the extent funds are available, for foster
children who are:
(a) in a youth foster home;
(a)(b) persons with developmental disabilities and either on a respite care waiting list or not eligible for respite care
from another program;
(b)(c) medically demanding because they are nonambulatory or have other special needs requiring intensive supervision
or care; or
(c)(d) suffering from severe emotional problems that are manifested in serious behavior problems.
(2) Respite care may must be provided by the department for up to 16 hours a month, upon request, and may be
provided on an hourly, daily, or weekly basis at a rate of payment to be determined by the department.
(3) Respite care may not be provided in an institutionalized setting except in cases involving foster children who require intensive supervision or care.
(4) Respite care must be provided to a foster child receiving a supplemental services allowance if the child meets the qualifications of subsection (1).
(5) The department shall maintain a roster, at the regional level, of respite care providers whose names were submitted on reimbursement request forms and for whom requests for reimbursement have not been denied as a resource for individuals who provide substitute care."
Section 4. Section 50-16-603, MCA, is amended to read:
"50-16-603. Confidentiality of health care information. Health care information in the possession of the department, a local board, a local health officer, or their authorized representatives may not be released except:
(1) for statistical purposes, if no identification of individuals can be made from the information released;
(2) when the health care information pertains to a person who has given written consent to the release and has specified the type of information to be released and the person or entity to whom it may be released;
(3) to medical personnel in a medical emergency as necessary to protect the health, life, or well-being of the named person;
(4) as allowed by Title 50, chapters 17 and 18;
(5) to another state or local public health agency, including those in other states, whenever necessary to continue health services to the named person or to undertake public health efforts to prevent or interrupt the transmission of a communicable disease;
(6) in the case of a minor, as required by 41-3-201, or pursuant to an investigation under 41-3-202, or pursuant to
41-3-1103. If the health care information is required in a subsequent court proceeding involving child abuse, the
information may be disclosed only in camera and documents containing the information must be sealed by the court upon
conclusion of the proceedings.
(7) to medical personnel, the department, a local health officer or board, or a district court when necessary to implement or enforce state statutes or state or local health rules concerning the prevention or control of diseases designated as reportable pursuant to 50-1-202, if the release does not conflict with any other provision contained in this part."
NEW SECTION. Section 5. Appropriation. There is appropriated from the general fund to the department of public health and human services to fund increased respite care and increased services, including clothing, diapers, transportation, and placement allowances, to foster children, as provided in [this act], for fiscal years 2002 and 2003 the following amounts:
FY 2002 $1,183,050
FY 2003 1,212,738
NEW SECTION. Section 6. Effective date. [This act] is effective July 1, 2001.
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Latest Version of HB 486 (HB0486.01)
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