UNAPPROVED DRAFT BILL -- Subject to Change Without Notice!
BILL NO.
INTRODUCED BY
(Primary Sponsor)
A BILL FOR AN ACT ENTITLED: "AN ACT EXEMPTING FAMILY DAY-CARE HOMES FROM REGISTRATION; REVISING THE DEFINITIONS OF "FAMILY DAY-CARE HOME" AND "GROUP DAY-CARE HOME"; AND AMENDING SECTIONS 52-2-703, 52-2-704, 52-2-721, AND 52-2-733, MCA."
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Section 52-2-703, MCA, is amended to read:
"52-2-703. Definitions. In this part, the following definitions apply:
(1) "Child" means a person under 13 years of age or a person with special needs, as defined by the department, who is under 18 years of age or is 18 years of age and a full-time student expected to complete an educational program by 19 years of age.
(2) "Day care" or "child care" means care for children provided by an adult, other than a parent of the children or other person living with the children as a parent, on a regular basis for daily periods of less than 24 hours, whether that care is for daytime or nighttime hours.
(3) "Day-care center" means an out-of-home place in which day care is provided to 13 or more children on a regular basis.
(4) "Day-care facility" means a person, association, or place, incorporated or unincorporated, that provides day care on a
regular basis or a place licensed or registered to provide day care on an irregular basis for children suffering from illness. It
includes a family day-care home, a day-care center, a group day-care home, or a facility providing care in a child's home for
the purpose of meeting registration requirements for the receipt of payments as provided in 52-2-713. The term does not
include:
(a) a person who limits care to children who are related to the person by blood or marriage or under the person's legal
guardianship, unless registration or licensure as a day-care facility is required to receive payments as provided in 52-2-713; or
(b) any group facility established chiefly for educational purposes that limits its services to children who are 3 years of age or older; or
(c) a family day-care home.
(5) "Department" means the department of public health and human services provided for in 2-15-2201.
(6) "Family day-care home" means a private residence in which day care is provided to three to six 10 children or less on
a regular basis.
(7) "Group day-care home" means a private residence or other structure in which day care is provided to 7 to 11 or 12
children on a regular basis.
(8) "License" means a written document issued by the department that the license holder has complied with this part and the applicable standards and rules for day-care centers.
(9) "Licensee" means the holder of a license issued by the department in accordance with the provisions of this part.
(10) "Professional training" means training for early childhood or school-age care providers that is recognized as professional development by a national education or certification organization or by a higher education institution.
(11) "Registrant" means the holder of a registration certificate issued by the department in accordance with the provisions of this part.
(12) "Registration" means the process whereby the department maintains a record of all family day-care homes and group
day-care homes, prescribes standards, promulgates rules, and requires the operator of a family day-care home or a group
day-care home to certify compliance with the prescribed standards and promulgated rules.
(13) "Registration certificate" means a written instrument issued by the department to publicly document that the
certificate holder has, in writing, certified to the department compliance with this part and the applicable standards for family
day-care homes and group day-care homes.
(14) "Regular basis" means providing day care to children of separate families for any daily periods of less than 24 hours and within 3 or more consecutive weeks.
(15) (a) "Related by blood or marriage" means the status of a child who is the son, daughter, brother, sister, first cousin, nephew, niece, or grandchild of a person providing child care.
(b) The term includes the status of a child described in subsection (15)(a) in a step or adoptive relationship.
(16) "School age" means a person who is at least 5 years of age and who is younger than 13 years of age or a person with special needs, as defined by the department, who is under 18 years of age or is 18 years of age and a full-time student expected to complete an educational program by 19 years of age.
(17) "School-age care" means an adult-supervised program that is provided for school-age children during nonschool hours."
Section 2. Section 52-2-704, MCA, is amended to read:
"52-2-704. Duties of department. (1) The department is responsible for planning, implementing, and coordinating programs under the Montana Child Care Act.
(2) The department shall:
(a) assess child-care needs and resources within the state;
(b) develop a state child-care plan;
(c) coordinate child-care programs administered by all state agencies;
(d) issue licenses to persons to receive children into a day-care center on a regular basis;
(e) prescribe the conditions and publish minimum standards upon which licenses and registration certificates are issued;
(f) adopt rules for day-care facilities consistent with the purposes of this part; and
(g) issue registration certificates to a person or persons to receive children into a family day-care home or group day-care
home on a regular basis.
(3) The department may:
(a) enter into interagency agreements to administer and coordinate child-care programs;
(b) accept any federal funds made available for the improvement or promotion of child-care services within the state;
(c) administer any state and federal funds that may be appropriated for the purposes of the part."
Section 3. Section 52-2-721, MCA, is amended to read:
"52-2-721. License required -- registration required -- term of license or registration certificate -- no fee charged.
(1) No A person, group of persons, or corporation shall may not:
(a) establish or maintain a day-care center for children unless licensed to do so by the department;
(b) operate a family day-care home or group day-care home without first procuring a family day-care or group day-care
registration certificate from the department.
(2) The license and registration certificate shall set forth the ages and numbers of children for whom day care may be provided.
(3) The applicant's own children must be included in the manner provided for in department regulations in the total number of children to be cared for under the license or registration certificate.
(4) Licenses or registration certificates shall must be issued for periods not to exceed 1 year. The department may not
charge a fee to issue a license or registration certificate."
Section 4. Section 52-2-733, MCA, is amended to read:
"52-2-733. Periodic visits to facilities by department -- investigations -- consultation with licensees and registrants. (1) The department or its authorized representative shall make periodic visits to all licensed day-care centers to ensure that minimum standards are maintained.
(2) The department may investigate and inspect the conditions and qualifications of any day-care center, or group
day-care home, or family day-care home seeking or holding a license or registration certificate under the provisions of this
part.
(3) The department shall visit and inspect at least 20% of all registered family day-care homes and group day-care homes
in each of the governor's planning regions annually.
(4) The department shall make annual unannounced visits to day-care centers.
(5) Upon request of the department, the state fire prevention and investigation program of the department of justice shall inspect any day-care facility for which a license or registration certificate is applied for or issued and shall report its findings to the department.
(6) Upon request, the department shall give consultation to every each licensee and registrant who desires to upgrade the
services of the licensee's or registrant's program.
(7) This section may not be construed to require the department to conduct an inspection of each day-care facility applying for a registration certificate under the provisions of this part."
- END -
Latest Version of LC 423 (LC0423.01)
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Status of this Bill
| 1999 Session | Leg. Branch HomePrepared by Montana Legislative Services
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