Montana Legislators Pass House Bill 628
Penny James, Explorations

Programs across the state of Montana recently united to pass ground-breaking legislation pertinent to therapeutic schools and programs statewide. In a nearly 6 month campaign, programs of different models, size, and perspective joined forces to educate Montana legislators about the components of House Bill 628. Program owners and employees, lobbyists, students and parents joined forces to teach Montana legislators about therapeutic programs and the life-changing impact such programs have on the students who attend, their families, the staff members that serve those families and the communities in which these facilities exist. Montana stood as one of the last spots in the nation where licensure, registration, and other regulatory components were not integrated into the state level government for all the different facilities statewide.

HB 628, sponsored by Representative Paul Clark and Senator Jim Elliott and supported by programs, was signed into law on April 19, 2005. Representative Clark and Senator Elliott hail from Sanders County in Montana – an area ‘rich’ with programs that serve troubled youth. Representative Clark, in fact, is the owner of a small outdoor program for youth at risk. The fruition of this bill becoming law was not without considerable efforts on the behalf of program and school personnel statewide.

HB 628 proposes a new prototype of regulation and launches Montana into a process not seen by any other state in the nation. The fundamental shift in this law versus other regulatory bodies nationwide is the establishment of a state board (Board of Private Alternative Adolescent Residential or Outdoor Programs) which will implement a registration process for programs and will further study current regulations, industry standards, and the quality of alternative adolescent residential and outdoor care in the state. The state board will then report to the legislature in 2007 regarding potential licensure requirements.

The state board will be comprised of five members and each will be appointed by Governor Brian Schweitzer. Board members will consist of three representatives from programs and two members of the general public. The composition of this board will insure input from those in the field and will provide the necessary ‘check and balances’ with outside contribution. This board will fall under the jurisdiction of the Department of Labor and Industry – another break from the customary oversight seen in other states. Outside parties, including the state Department of Public Health and Human Services, stood in opposition to the bill favored by programs and stated a position that those who work in programs might not be able to provide the objectivity needed to insure quality of care.

Montana is, in many ways, a perfect place for such ground-breaking legislation. It is a Montana tradition to support licensing and regulations which are monitored by those engaged in the field. Montana programs are diverse in nature and many talented and nationally respected practitioners and professionals call Montana their home. There are twelve NATSAP member programs in Montana with three Montanans serving as current directors on the NATSAP Board. Some Montana facilities already fall under differing accreditation standards which require regular inspections to ensure high standards of care. Lastly, alternative residential and outdoor youth care facilities often contribute to Montana in other ways: they are environmentally friendly, non-extractive, and are most often located in rural areas which bolster the local economy.

Since HB 628 was signed into law, the Association of Montana Alternative Adolescent Private Programs (MAAPP), Inc. was formed by program and school personnel in the state. The mission of MAAPP is to “…enhance the standard of care, credibility, economic viability and stature of private alternative adolescent programs and schools within the state of Montana through education, advocacy, information and support for its members.” MAAPP Board members include NATSAP members John Mercer, Mission Mountain School, President; Penny James, Explorations, Secretary; and Linda Carpenter, Star Meadows at Hope Ranch, Treasurer. Also on the Board are Representative Paul Clark, and Jacqueline Rutzke, Spring Creek Lodge Academy. The Association of MAAPP has developed goals and objectives, ratified by its members, which include acting as a resource for the industry and an advocate to the state Board of Private Alternative Adolescent Residential or Outdoor Programs. Montana programs continue to demonstrate their commitment to collaboration, consensus, and education of those both within and outside the industry through the efforts of MAAPP.

Montana has a reputation of doing things in a distinct and innovative fashion. That is because Montana itself is unique – both culturally and geographically. Therapeutic programs and schools across Montana contribute to the one-of-a-kind character of the state by serving youth from across the nation with Montana’s rich resources. Hundreds of struggling youth benefit from Montana’s character which is perfectly suited for self-exploration. The passage of HB 628 provides the opportunity for programs to continue to be creative and pioneering while ensuring a voice in regulations that will impact their students’ well-being, safety and quality of care during time spent in a state known as “The Last Best Place”.