HOUSE BILL NO. 628
INTRODUCED BY CLARK, ELLIOTT, JOPEK, HEINERT, JACKSON, WANZENRIED,
CURTISS, LEWIS, ROBERTS, TAYLOR, DOWELL, NOONAN, MAEDJE
AN ACT PROVIDING FOR A BOARD OF PRIVATE
ALTERNATIVE ADOLESCENT RESIDENTIAL OR OUTDOOR PROGRAMS; PROVIDING
FOR REGISTRATION WITH THE DEPARTMENT OF LABOR AND INDUSTRY;
PROVIDING BOARD DUTIES; REQUIRING A REPORT TO THE LEGISLATURE ON THE
NEED FOR ANY ADDITIONAL REGULATION; AND PROVIDING AN IMMEDIATE
BE IT ENACTED BY THE LEGISLATURE OF THE
STATE OF MONTANA:
1. Board of private alternative adolescent residential or outdoor
programs. (1) There is a board of private alternative
adolescent residential or outdoor programs.
(2) The board consists of five
members appointed by the governor with the consent of the senate for
3-year terms. The members must include:
(a) three members from a list of
nominees provided by programs, as defined in [section 3], of various
sizes and types; and
(b) two members who must be from
the general public.
(3) A vacancy on the board must be
filled in the same manner as the original appointment.
(4) The board is allocated to the
department for administrative purposes only as prescribed in
2. Purpose. The purpose of the board is to examine the
benefit of licensing private alternative adolescent residential or
outdoor programs as a public service to monitor and maintain a high
standard of care and to ensure the safety and well-being of the
adolescents and parents using the programs. Necessary licensure
processes and safety standards for programs are best developed and
monitored by the professionals that are actively engaged in
providing private alternative adolescent residential care.
3. Definitions. As used in [sections 2 through 4], the
following definitions apply:
(1) "Board" means the board of
private alternative adolescent residential or outdoor programs
provided for in [section 1].
(2) "Department" means the
department of labor and industry provided for in 2-15-1701.
(3) (a) "Program" means a private
alternative adolescent residential or outdoor program that provides
a structured, private, alternative residential setting for youth who
are experiencing emotional, behavioral, or learning problems and who
have a history of failing in academic, social, moral, or emotional
development at home or in less-structured traditional settings.
(b) The term does not include:
(i) any program that is required
to be licensed or regulated by the state under Title 50, 52, or 53;
(ii) recreational programs such as
boy scouts, girl scouts, or 4-H clubs;
(iii) organizations, boarding
schools, or residential schools with a sole focus on academics;
(iv) residential training or
vocational programs with a sole focus on education and vocational
(v) youth camps with a focus on
recreation and faith-related activities; or
(vi) an organization, boarding
school, or residential school that is an adjunct ministry of a
church incorporated in the state of Montana.
4. Powers and duties of board -- registration requirements.
(1) The board shall develop and implement a process for registration
of programs and to set fees to carry out its duties under this
(2) The board shall:
(a) examine data gathered from the
(b) examine current regulations
and standards applicable to these programs;
(c) determine additional
regulations and standards that are needed;
(d) examine the quality of child
care available in the various programs, any aspects of existing
programs that need improvement, and the positive contributions to or
negative interactions with local communities;
(e) determine the need for the
continued existence of the board and its duties or responsibilities;
(f) report to the economic affairs
interim committee detailing the board's findings, recommendations,
and proposed legislation, if any, by September 15, 2006.
(3) The board shall require
information to be provided for registration of programs. The
information includes but is not limited to:
(a) a description of the program
(b) a description of the
population served by the program;
(c) the location and contact
information for each program, including the person responsible for
the conduct of the program;
(d) a list of professional and
supervisory employees and relevant credentials and other
(e) the average daily census;
(f) a copy of program policies and
(ii) behavior management;
(iii) communication with family
(iv) the availability of routine
and emergency medical and psychological care; and
(v) medication management.
(4) The board shall adopt rules to
determine any additional information necessary for registration.
Registration must be updated annually. The board may set fees as
provided in 37-1-134 that may be commensurate with program size. The
board shall make available to the public information on the name,
address, and contact information for each registered program.
(5) The board is exempt from the
provisions in 37-1-105, 37-1-136, 37-1-137, 37-1-138, 37-1-141, and
Title 37, chapter 1, parts 2 and 3.
5. Codification instruction. (1) [Section 1] is intended to
be codified as an integral part of Title 2, chapter 15, part 17, and
the provisions of Title 2, chapter 15, part 17, apply to [section
(2) [Sections 2 through 4] are
intended to be codified as an integral part of Title 37, and the
provisions of Title 37 apply to [sections 2 through 4].
6. Effective date. [This act] is effective on passage and
- END -
Version of HB 628 (HB0628.ENR)
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