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 and 37.80.306 pertaining to child care policy manual revisions

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NOTICE OF AMENDMENT

 

TO:  All Concerned Persons

 

1.  On July 12, 2012, the Department of Public Health and Human Services published MAR Notice No. 37-591 pertaining to the public hearing on the proposed amendment of the above-stated rules at page 1333 of the 2012 Montana Administrative Register, Issue Number 13.

 

2.  The department has amended ARM 37.80.101 as proposed.

 

3.  The department has amended the following rule as proposed, but with the following changes from the original proposal, new matter underlined, deleted matter interlined:

 

            37.80.306  LEGALLY CERTIFIED PROVIDERS: CERTIFICATION REQUIREMENTS AND PROCEDURES  (1) through (4) remain as proposed.

            (5)  A conviction for driving under the influence of alcohol more than three years prior to the application date does not constitute grounds for denial.  The legally certified provider's conviction for driving under the influence of alcohol or drugs more than three years prior to the application date does not constitute grounds for denial.  Convictions of driving under the influence for other adults within the household that occur within three years of the application will not be grounds for denial as long as the other adults do not transport children while in the care of the legally certified provider.

            (6)  Legally certified providers must also meet the following requirements to be certified under this chapter:

            (a) through (e) remain as proposed.

            (f)  Only legally certified providers may transport children while in their care.

            (7) remains as proposed.

 

AUTH:  52-2-704, MCA

IMP:     52-2-704, 52-2-713, 52-2-721, 52-2-722, 52-2-723, 52-2-731, MCA

 

4.  The department has thoroughly considered the comments and testimony received.  A summary of the comments received and the department's responses are as follows:

 

COMMENT #1:  The department received a comment that the proposed rule could result in the revocation of a certificate if an adult in the home who is not the child care provider has a DUI that is less than three years old.

 

RESPONSE #1:  The department agrees that the proposed rule could have that result.  It was the intention of the department to preclude any individual with a DUI conviction within the prior three years from transporting children while in the care of a LCP.  The final rule has been amended to make that clarification.

 

 

/s/ Geralyn Driscoll                                        /s/ Anna Whiting Sorrell                               

Rule Reviewer                                               Anna Whiting Sorrell, Director

                                                                        Public Health and Human Services

           

Certified to the Secretary of State August 27, 2012