Montana 2023 Regular Session

Montana House Bill HB740

Introduced
2/21/23  
Refer
2/22/23  
Refer
3/2/23  
Engrossed
3/21/23  
Refer
3/21/23  

Caption

Revise laws relating to out-of-state placement of youth with mental health needs

Impact

The implementation of HB 740 is expected to revise existing state laws to provide stricter regulations surrounding the out-of-state placement of children in need of special care and services. It requires the department to collect detailed data on placements, including reasons for out-of-state services, duration of treatment, and associated costs. This data collection aims to help the state understand the landscape of children's needs and improve future care strategies. Furthermore, the bill emphasizes the necessity to reduce the number of children placed out of state by encouraging the development of in-state resources.

Summary

House Bill 740 addresses the out-of-state placement of high-risk children with multiagency needs, specifically focusing on those under 12 years old who are in the custody of the state department. The bill mandates that these children cannot be placed in an out-of-state treatment facility without the written approval of the department's director. This provision seeks to ensure that the state maintains oversight of vulnerable children, limiting the potential for inappropriate placements while aiming to enhance their safety and well-being. Additionally, the bill requires the department to conduct case reviews under specific circumstances, particularly regarding the use of restraints in these facilities.

Contention

The discussion surrounding HB 740 may include contention regarding balancing state oversight with the need for flexibility in addressing each child's unique situation. Proponents argue that the bill will protect at-risk children from inadequate care while opponents might express concern that the restrictions could lead to delays in treatment or serve as barriers to necessary services. Additionally, the requirements for data collection and reporting may face scrutiny concerning compliance burdens placed on the department, which could detract from their primary focus of direct care provision.

Companion Bills

No companion bills found.

Previously Filed As

MT HB1573

Relative to out-of-home placements for children.

MT H0893

Child Welfare Placements

MT AB366

Foster youth: placement of siblings.

MT HB1351

Child placed in foster care; clarify that youth court must be consulted before placement is revised.

MT AB518

Revises provisions relating to the interstate placement of children. (BDR 11-807)

MT HB406

Children in Out–of–Home Placements – Placement in Medical Facilities

MT SB396

Foster care placements; court review, best interests of the child.

MT AB265

Revises provisions relating to mental health. (BDR 39-96)

MT SB408

Foster youth with complex needs: regional health teams.

MT HB29

Revise laws related to involuntary commitment of people with dementia or TBI

Similar Bills

CA AB2776

Residential care facilities: placement of children.

AZ SB1458

Congregate care; dependent children; procedures

CA AB426

Unlicensed residential foster care facilities: temporary placement management.

AZ SB1205

Foster children; education; best interest

CA AB3145

Family preservation services: standards.

CA AB226

Children’s crisis psychiatric residential treatment facilities.

AZ SB1622

Child welfare; reporting requirements

CO HB1375

Child Residential Treatment And Runaway Youth