_____________ bill NO. _____________

INTRODUCED BY _________________________________________________

By Request of the Department of Public Health and Human Services

A BILL FOR AN ACT ENTITLED: "AN ACT GENERALLY REVISING the STATE PLAN ON AGING LAWS TO UPDATE TERMINOLOGY AND REQUIREMENTS GOVERNING the DESIGNATION OF PLANNING AND SERVICE AREAS; AMENDING SECTIONS 52-1-103, 52-3-401, 52-3-402, 52-3-405, AND 52-3-410, MCA; REPEALING SECTION 52-3-403, MCA; and PROVIDING AN IMMEDIATE EFFECTIVE DATE."

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:

Section 1. Section 52-1-103, MCA, is amended to read:

"52-1-103. Powers and duties of department. The department shall:

(1) administer and supervise all forms of child and adult protective services;

(2) act as the lead agency in coordinating and planning services to children with multiagency service needs;

(3) establish a system of councils at the state and local levels to make recommendations and to advise the department on issues, including children's issues;

(4) provide the following functions, as necessary, for youth in need of care:

(a) intake, investigation, case management, and client supervision;

(b) placement in youth care facilities;

(d) protective services day care; and

(e) adoption;

(5) register or license youth care facilities, child-placing agencies, day-care facilities, community homes for persons with developmental disabilities, community homes for severely disabled persons, and adult foster care facilities;

(6) act as lead agency in implementing and coordinating child-care programs and services under the Montana Child Care Act;

(7) administer the Interstate Compact for the Placement of Children;

(8) (a) administer child abuse prevention services funded through child abuse grants and the Montana children's trust fund provided for in Title 52, chapter 7, part 1; and

(b) administer elder abuse prevention services;

(9) develop a statewide youth services and resources plan that takes into consideration local needs;

(10) administer services to the aged older adults;

(11) provide consultant services to:

(a) facilities providing care for adults who are needy, indigent, or dependent or who have disabilities; and

(b) youth care facilities;

(12) use the staff and services of other state agencies and units of the Montana university system, within their respective statutory functions, to carry out its functions under this title;

(13) contract, as necessary, for administration of child and adult protection services for each county; and

(14) adopt rules necessary to carry out the purposes of 52-2-612 and this chapter."

Section 2. Section 52-3-401, MCA, is amended to read:

"52-3-401. Definitions. 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, 42 U.S.C. 3001, et seq.

(3) "Planning and service area" means a geographic area of the state that is designated for purposes of planning, development, delivery, and overall administration of services under the Older Americans Act.

(4) "Services to the aged older adults" means those services the department administers pursuant to the Older Americans Act.

(5) "State plan" means a plan developed by the department to coordinate and administer delivery of services under the Older Americans Act."

Section 3. Section 52-3-402, MCA, is amended to read:

"52-3-402. Purpose. The purpose of this part is to grant the department authority to develop and administer the state plan on aging, to coordinate services to the aged older adults pursuant to the Older Americans Act, and to establish or redesignate planning and service areas pursuant to section 305 of that act. It is the intent of the legislature that the number of planning and service areas be limited so that unnecessary administrative costs are eliminated."

Section 4. Section 52-3-405, MCA, is amended to read:

"52-3-405. Designation of planning and service areas. (1) On or before October 1, 1983, and every 4 years following, the department shall redesignate the planning and service areas it utilizes for services to the aged older adults.

(2) The department shall fix the number of planning and service areas at no less than 7 and no more than 12 10.

(3) Planning and service areas shall must follow either recognized county boundaries or Indian reservation boundaries, or both and include Indian reservations located within the designated planning and service area.

(4) The department may designate a combination of Indian reservations as a planning and service area for any reservations that have applied to be designated under a consortium supported by their respective tribal governments."

Section 5. Section 52-3-410, MCA, is amended to read:

"52-3-410. Achieving accountability. (1) The department shall achieve accountability in providing quality services in a cost-effective manner by:

(a) establishing goals, responsibilities, and performance expectations for goals in providing services to the aged older adults and to older Montanans as provided in Title 52, chapter 3, parts 1, 4, and 5;

(b) requiring periodic reporting of performance or progress toward stated goals by departmental programs for aging services and area agencies on aging;

(c) establishing a continual process for the evaluation of all functions, the review of the evaluations, and the followup required to correct any deficiencies; and

(d) providing for feedback on the accountability process.

(2) The department shall adopt rules only as necessary to implement the goals, responsibilities, performance expectations, reporting periods, and evaluation process to be followed."

NEW SECTION. Section 6. Repealer. The following section of the Montana Code Annotated is repealed:

52-3-403. Existing planning and service areas grandfathered -- exception.

NEW SECTION. Section 7. Effective date. [This act] is effective on passage and approval.