Bill Summary – FastDemocracy

67th Legislature                                                                                                    HB 459.1
                                                    HOUSE BILL NO. 459
                                                 INTRODUCED BY D. LENZ
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   A BILL FOR AN ACT ENTITLED: “AN ACT GENERALLY REVISING LAWS RELATED TO PROVIDING FOR
   CERTIFICATION OF CHILD PROTECTION SPECIALISTS INVESTIGATING MATTERS OF SUSPECTED
   CHILD ABUSE, NEGLECT, OR ENDANGERMENT; PROVIDING IMPLEMENTATION INSTRUCTIONS;
   PROVIDING RULEMAKING AUTHORITY; PROVIDING DEFINITIONS; AND AMENDING SECTIONS 37-22-
   201, 41-3-102, 41-3-108, 41-3-201, 41-3-202, 41-3-205, 41-3-301, 41-3-427, AND 41-3-445, MCA.”
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   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
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              NEW SECTION. Section 1.        Child protection specialist. The profession of child protection specialist
   is subject to certification requirements set forth in [sections 1 through 5] and by rules promulgated by the board
   of behavioral health.
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              NEW SECTION. Section 2.        Definitions. As used in [sections 1 through 5], unless the context clearly
   indicates otherwise, the following definitions apply:
              (1)   "Board" means the board of behavioral health established under 2-15-1744.
              (2)   "Certified child protection specialist" means a person who:
              (a)   has obtained the education and skills needed to investigate, respond to, prevent, and resolve
   reports of abuse, neglect, and endangerment experienced by children; and
              (b)   possesses a valid and current certification.
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              NEW SECTION. Section 3.        Certification required for use of title -- exceptions. (1) On certification
   in accordance with [sections 1 through 5], a person may use the title "certified child protection specialist".
              (2)   Subsection (1) does not prohibit a qualified member of another profession, such as a law
   enforcement officer, lawyer, psychologist, pastoral counselor, probation officer, court employee, nurse, school
   counselor, educator, baccalaureate, master's, or clinical social worker licensed pursuant to Title 37, chapter 22,
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   clinical professional counselor licensed pursuant to Title 37, chapter 23, addiction counselor licensed pursuant
   to Title 37, chapter 35, or marriage and family therapist licensed pursuant to Title 37, chapter 37, from
   performing duties and services consistent with the person's licensure or certification and the code of ethics of
   the person's profession.
              (3)   Subsection (1) does not prohibit a qualified member of another profession, business, educational
   program, or volunteer organization who is not licensed or certified or for whom there is no applicable code of
   ethics, including a guardian ad litem, child advocate, or law enforcement officer, from performing duties and
   services consistent with the person's training, as long as the person does not represent by title that the person
   is a certified child protection specialist.
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              NEW SECTION. Section 4.          Certificate requirements -- supervision -- fees. (1) An applicant for
   certification as a child protection specialist shall submit a written application on a form provided by the board
   and an application fee prescribed by the board. A certification must be renewed as provided in [section 5].
              (2)   An applicant must have:
              (a)   successfully completed a course in child protection, as defined by the board by rule, which must
   include training in:
              (i)   ethics;
              (ii) governing statutory and regulatory framework;
              (iii) role of law enforcement;
              (iv) crisis intervention techniques;
              (v)   childhood trauma research; and
              (vi) evidence-based practices for family preservation and strengthening; and
              (b)   demonstrated the applicant's ability to perform all essential functions of the certified child
   protection role by earning a passing score on a competency examination as provided for by the board.
              (3)   As a prerequisite to the issuance of a certificate, the board shall require the applicant to submit
   fingerprints for the purpose of fingerprint background checks by the Montana department of justice and the
   federal bureau of investigation as provided in 37-1-307.
              (4)   Pursuant to 37-1-203, an applicant who has a history of criminal convictions has the opportunity to
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   demonstrate to the board that the applicant is sufficiently rehabilitated to warrant the public trust. The board
   may deny the license if it determines that the applicant is not sufficiently rehabilitated.
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              NEW SECTION. Section 5.        Certificate renewal -- continuing education. A certified child protection
   specialist shall renew the specialist's certification annually using a process specified by board rule, which must
   include:
              (1)   payment of a fee prescribed by the board; and
              (2)   proof of completion of at least 20 hours of continuing education developed or approved by the
   department, which may include any topic listed in subsection (2) of [section 4] and must include at least one
   unit focused on:
              (a)   ethics; and
              (b)   recent developments in governing law or rule.
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              NEW SECTION. Section 6.        Implementation of certification requirement for child protection
   specialists. (1) A person hired by the department for a child-facing position after [the effective date of this act]
   shall become a certified child protection specialist pursuant to [sections 1 through 5] before beginning work that
   involves interaction with minors.
              (2)   A person already employed by the department in a child-facing position before [the effective date
   of this act] shall obtain child protection specialist certification pursuant to [sections 1 through 5] by October 1,
   2023.
              (3)   For the purpose of this section, "child-facing position" means an employee role under this chapter
   that involves regular interaction with minors, including but not limited to investigating reports of child abuse,
   neglect, or endangerment.
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              Section 7. Section 37-22-201, MCA, is amended to read:
              "37-22-201. Duties of board. The board:
              (1)   shall recommend prosecutions for violations of 37-22-411, 37-23-311, Title 37, chapter 35, and
   Title 37, chapter 37, and [sections 1 through 5], to the attorney general or the appropriate county attorney, or
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67th Legislature                                                                                                      HB 459.1
   both;
              (2)   shall meet at least once every 3 months to perform the duties described in Title 37, chapters 1, 23,
   35, and 37, [sections 1 through 5], and this chapter. The board may, once a year by a consensus of board
   members, determine that there is no necessity for a board meeting.
              (3)   shall adopt rules that set professional, practice, and ethical standards for social workers, marriage
   and family therapists, addiction counselors, child protection specialists, and professional counselors and other
   rules as may be reasonably necessary for the administration of chapters 23, 35, and 37, [sections 1 through 5],
   and this chapter; and
              (4)   may adopt rules governing the issuance of licenses of special competence in particular areas of
   practice as a licensed professional counselor. The board shall establish criteria for each particular area for
   which a license is issued."
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              Section 8. Section 41-3-102, MCA, is amended to read:
              "41-3-102.    Definitions. As used in this chapter, the following definitions apply:
              (1)   (a) "Abandon", "abandoned", and "abandonment" mean:
              (i)   leaving a child under circumstances that make reasonable the belief that the parent does not
   intend to resume care of the child in the future;
              (ii) willfully surrendering physical custody for a period of 6 months and during that period not
   manifesting to the child and the person having physical custody of the child a firm intention to resume physical
   custody or to make permanent legal arrangements for the care of the child;
              (iii) that the parent is unknown and has been unknown for a period of 90 days and that reasonable
   efforts to identify and locate the parent have failed; or
              (iv) the voluntary surrender, as defined in 40-6-402, by a parent of a newborn who is no more than 30
   days old to an emergency services provider, as defined in 40-6-402.
              (b)   The terms do not include the voluntary surrender of a child to the department solely because of
   parental inability to access publicly funded services.
              (2)   "A person responsible for a child's welfare" means:
              (a)   the child's parent, guardian, or foster parent or an adult who resides in the same home in which
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   the child resides;
              (b)   a person providing care in a day-care facility;
              (c)   an employee of a public or private residential institution, facility, home, or agency; or
              (d)   any other person responsible for the child's welfare in a residential setting.
              (3)   "Abused or neglected" means the state or condition of a child who has suffered child abuse or
   neglect.
              (4)   (a) "Adequate health care" means any medical care or nonmedical remedial health care
   recognized by an insurer licensed to provide disability insurance under Title 33, including the prevention of the
   withholding of medically indicated treatment or medically indicated psychological care permitted or authorized
   under state law.
              (b)   This chapter may not be construed to require or justify a finding of child abuse or neglect for the
   sole reason that a parent or legal guardian, because of religious beliefs, does not provide adequate health care
   for a child. However, this chapter may not be construed to limit the administrative or judicial authority of the
   state to ensure that medical care is provided to the child when there is imminent substantial risk of serious harm
   to the child.
              (5)   "Best interests of the child" means the physical, mental, and psychological conditions and needs
   of the child and any other factor considered by the court to be relevant to the child.
              (6)   "Child" or "youth" means any person under 18 years of age.
              (7)   (a) "Child abuse or neglect" means:
              (i)   actual physical or psychological harm to a child;
              (ii) substantial risk of physical or psychological harm to a child; or
              (iii) abandonment.
              (b)   (i) The term includes:
              (A)    actual physical or psychological harm to a child or substantial risk of physical or psychological
   harm to a child by the acts or omissions of a person responsible for the child's welfare;
              (B)    exposing a child to the criminal distribution of dangerous drugs, as prohibited by 45-9-101, the
   criminal production or manufacture of dangerous drugs, as prohibited by 45-9-110, or the operation of an
   unlawful clandestine laboratory, as prohibited by 45-9-132; or
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              (C)   any form of child sex trafficking or human trafficking.
              (ii) For the purposes of this subsection (7), "dangerous drugs" means the compounds and substances
   described as dangerous drugs in Schedules I through IV in Title 50, chapter 32, part 2.
              (c)   In proceedings under this chapter in which the federal Indian Child Welfare Act is applicable, this
   term has the same meaning as "serious emotional or physical damage to the child" as used in 25 U.S.C.
   1912(f).
              (d)   The term does not include self-defense, defense of others, or action taken to prevent the child
   from self-harm that does not constitute physical or psychological harm to a child.
              (8)   "Child protection specialist" means an employee of the department who investigates allegations of
   child abuse, neglect, and endangerment and has been certified pursuant to [section 3].
              (8)(9)   "Concurrent planning" means to work toward reunification of the child with the family while at
   the same time developing and implementing an alternative permanent plan.
              (9)(10) "Department" means the department of public health and human services provided for in 2-15-
   2201.
              (10)(11) "Family group decisionmaking meeting" means a meeting that involves family members in
   either developing treatment plans or making placement decisions, or both.
              (11)(12) "Indian child" means any unmarried person who is under 18 years of age and who is either:
              (a)   a member of an Indian tribe; or
              (b)   eligible for membership in an Indian tribe and is the biological child of a member of an Indian tribe.
              (12)(13) "Indian child's tribe" means:
              (a)   the Indian tribe in which an Indian child is a member or eligible for membership; or
              (b)   in the case of an Indian child who is a member of or eligible for membership in more than one
   Indian tribe, the Indian tribe with which the Indian child has the more significant contacts.
              (13)(14) "Indian custodian" means any Indian person who has legal custody of an Indian child under
   tribal law or custom or under state law or to whom temporary physical care, custody, and control have been
   transferred by the child's parent.
              (14)(15) "Indian tribe" means any Indian tribe, band, nation, or other organized group or community of
   Indians recognized by:
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              (a)   the state of Montana; or
              (b)   the United States secretary of the interior as being eligible for the services provided to Indians or
   because of the group's status as Indians, including any Alaskan native village as defined in federal law.
              (15)(16) "Limited emancipation" means a status conferred on a youth by a court in accordance with 41-
   1-503 under which the youth is entitled to exercise some but not all of the rights and responsibilities of a person
   who is 18 years of age or older.
              (16)(17) "Parent" means a biological or adoptive parent or stepparent.
              (17)(18) "Parent-child legal relationship" means the legal relationship that exists between a child and
   the child's birth or adoptive parents, as provided in Title 40, chapter 6, part 2, unless the relationship has been
   terminated by competent judicial decree as provided in 40-6-234, Title 42, or part 6 of this chapter.
              (18)(19) "Permanent placement" means reunification of the child with the child's parent, adoption,
   placement with a legal guardian, placement with a fit and willing relative, or placement in another planned
   permanent living arrangement until the child reaches 18 years of age.
              (19)(20) "Physical abuse" means an intentional act, an intentional omission, or gross negligence
   resulting in substantial skin bruising, internal bleeding, substantial injury to skin, subdural hematoma, burns,
   bone fractures, extreme pain, permanent or temporary disfigurement, impairment of any bodily organ or
   function, or death.
              (20)(21) "Physical neglect" means either failure to provide basic necessities, including but not limited to
   appropriate and adequate nutrition, protective shelter from the elements, and appropriate clothing related to
   weather conditions, or failure to provide cleanliness and general supervision, or both, or exposing or allowing
   the child to be exposed to an unreasonable physical or psychological risk to the child.
              (21)(22) (a) "Physical or psychological harm to a child" means the harm that occurs whenever the
   parent or other person responsible for the child's welfare:
              (i)   inflicts or allows to be inflicted upon the child physical abuse, physical neglect, or psychological
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