Montana Code 53-20-221. Liability training program and materials for respite care
53-20-221. Liability training program and materials for respite care. (1) The department, in conjunction with the department of labor and industry, shall develop a training program and educational materials on labor law and liability issues related to the employment of a person by an individual for respite care services under the exemptions provided in 39-3-406, 39-51-204, and 39-71-401. The educational materials must provide information on the labor law requirements applicable to an individual hiring a person for respite care services.
Terms Used In Montana Code 53-20-221
- Department: means the department of public health and human services. See Montana Code 53-20-202
- Developmental disabilities: means disabilities attributable to intellectual disability, cerebral palsy, epilepsy, autism, or any other neurologically disabling condition closely related to intellectual disability and requiring treatment similar to that required by intellectually disabled individuals if the disability originated before the person attained age 18, has continued or can be expected to continue indefinitely, and results in the person having a substantial disability. See Montana Code 53-20-202
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
(2)The department shall make the training materials available to providers of community-based services for people with developmental disabilities that serve as the organized health care delivery system for respite care funds available from the department for use by individuals who hire and pay a person to provide respite care to a family member or a person for whom they are the legal guardian.
(3)To qualify for the respite care funds available from the department, an individual:
(a)shall receive training offered by a provider; and
(b)shall sign a statement acknowledging that the individual has completed the training and has read the related educational materials.