Child care providers would need parental consent to copy children’s records

Licensed or registered child care providers would keep information about children confidential. This would cover information providers keep about children in their care. State inspectors could review children’s information but could not copy or remove it without a parent’s written consent. The proposal also says the child care law must not infringe on parents’ moral and legal rights and responsibilities. The proposal called for taking effect on passage and approval, but the bill died without becoming law.

Montana’s Department of Public Health and Human Services would keep its child care rules within the requirements set by this part of state law. The restriction would cover agency rules issued under this part of Montana’s child care law. The rules would have to follow this part of the child care law and could not be stricter than its requirements. When developing standards, the agency would seek advice from the legislature along with educators, providers, and parent groups.

The proposed health section would require state health rules without requiring local health training or approval certificates. This provision would cover day-care centers and the local public health authorities that provide training or inspect them. State rules would still address food safety, nutrition, and communicable diseases.

Day-care center applicants and people who directly contact children would provide satisfactory background-check results. Background checks would cover center applicants, their employees, and anyone else who directly contacts children. The staffing rule would cover group homes serving 9 to 15 children. Group day-care homes would need at least two caregivers whenever more than eight children are present, except during approved periods of overlap care.

The proposal would define which children and small providers fall under its child care terms. A child would mean someone under 13 or someone with special needs who is under 19 and physically or mentally unable to care for themselves independently. A family, friend, or neighbor provider would regularly care for no more than six children from separate families or all children in a sibling group. That provider would have to choose to register.