Bill > SB125

This bill revises laws related to community homes for people with developmental disabilities, introducing new requirements for licensing, public input, and complaint resolution. The bill mandates that community homes must now develop detailed written policies and procedures to ensure the health and safety of residents and neighboring communities, including guidelines for preventing illegal trespassing and potential measures like fencing or additional staffing. Before licensing, the Department of Public Health and Human Services must now provide public notice and allow a 28-day comment period for nearby landowners. The bill establishes a formal complaint process where individuals can file grievances if they believe a community home is not following its approved policies or if the policies are deemed insufficient. The complaint process involves an informal investigation, potential mediation, and the possibility of a contested case hearing if initial resolution attempts fail. The department is granted authority to issue orders that can prescribe conditions on a home's license, require corrective measures, or in extreme cases, suspend or revoke the license. The bill also provides a pathway for judicial review and potential civil action, with provisions for attorney fees and costs. Importantly, the new regulations aim to balance the rights of community homes to operate with the need to ensure community safety and resident well-being.

Health and Social Services

https://bills.legmt.gov/#/laws/bill/2/LC0691