_____________ bill NO. _____________

INTRODUCED BY _________________________________________________

By Request of the ****

A BILL FOR AN ACT ENTITLED: "AN ACT REQUIRING THE DEPARTMENT OF PUBLIC HEALTH AND HUMAN SERVICES TO ADOPT RULES RELATING TO CHILD SUPPORT OBLIGATIONS IN CHILD ABUSE AND NEGLECT CASES; PROVIDING RULEMAKING AUTHORITY; and PROVIDING AN IMMEDIATE EFFECTIVE DATE."

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

NEW SECTION. Section 1. Rulemaking authority for referral and assignment of child support obligations. (1) The department shall adopt rules that require an assignment of rights to child support to the state for children entering foster care only in very rare circumstances in which:

(a)        there will be only positive or no adverse effects on the child; or

(b)        the assignment will not impede successful achievement of the child's permanency plan.

(2)        The rules may adopt a categorical exemption for all children entering foster care.

(3)        The rules may reflect that securing an assignment of rights to child support for children entering foster care is not appropriate unless the parent or guardian is above a certain income level.

NEW SECTION. Section 2. Transition. The department of public health and human services shall adopt rules pursuant to [section 1] by September 1, 2023.

NEW SECTION. Section 3. Codification instruction. [Section 1] is intended to be codified as an integral part of Title 41, chapter 3, part 1, and the provisions of Title 41, chapter 3, part 1, apply to [section 1].

NEW SECTION. Section 4. Effective date. [This act] is effective on passage and approval.