Montana Code Annotated
Part 7. Child Care
52-2-741. Penalty -- remedies

52-2-741. Penalty -- remedies. (1) A person, group of persons, or corporation who establishes or maintains a day-care facility or assists in conducting or maintaining a day-care facility without first obtaining a license or registration certificate from the department as provided for in this part is guilty of a misdemeanor and upon conviction is punishable by a fine not to exceed $500.
(2) (a) If the department is advised or has reason to believe that a person, group of persons, or corporation is operating a day-care facility without a license or registration certificate, it shall make an investigation to ascertain the facts. If the department finds that the day-care facility is being or has been operated without a license or registration certificate, it may report the results of its investigation to the attorney general or the county attorney of the county where the day-care facility is being operated for prosecution and request that an injunction be issued against the facility until a license or certificate is issued.
(b) The department may institute any action necessary to enforce compliance with this part or any order or rule of the department under this part or to obtain a judicial interpretation of any of the foregoing.
(c) The department may, by its own attorney, any county attorney, or the attorney general, initiate an action in the justice's court, city court, municipal court, or district court of the appropriate jurisdiction and be represented by that representative on appeal to the district court and supreme court of Montana, as applicable.
History: (1)En. Sec. 18, Ch. 606, L. 1981; (2)En. Sec. 11, Ch. 247, L. 1965; amd. Sec. 9, Ch. 121, L. 1974; R.C.M. 1947, 10-811; amd. Sec. 16, Ch. 606, L. 1981; amd. Sec. 12, Ch. 692, L. 1989; Sec. 53-4-515, MCA 1987; redes. 52-2-741 by Code Commissioner, 1989; amd. Sec. 1, Ch. 222, L. 1997.

Structure Montana Code Annotated

Montana Code Annotated

Title 52. Family Services

Chapter 2. Children's Services

Part 7. Child Care

52-2-701. Short title

52-2-702. Purpose -- findings

52-2-703. Definitions

52-2-704. Duties of department

52-2-705. Repealed

52-2-706. through 52-2-709 reserved

52-2-710. At-home infant care program -- definition

52-2-711. Resource and referral and day-care improvement grant program

52-2-712. Repealed

52-2-713. Payments for eligible children

52-2-714. through 52-2-720 reserved

52-2-721. License required -- registration required -- term of license or registration certificate -- no fee charged

52-2-722. Application for a license or registration certificate

52-2-723. Requirements for licensure

52-2-724. Provisional license -- provisional registration certificate

52-2-725. Renewal license -- registration certificate

52-2-726. Denial, cancellation, reduction, revocation, and nonrenewal of licenses and registration certificates -- fair hearing

52-2-727. through 52-2-730 reserved

52-2-731. Standards for day care

52-2-732. Licensees or registrants to maintain records, furnish reports, and permit inspections

52-2-733. Periodic visits to facilities by department -- investigations -- consultation with licensees and registrants

52-2-734. Fire safety -- certification required

52-2-735. Health protection -- certification required

52-2-736. Prohibition against administering medicine without authorization -- provision for emergency -- definitions -- penalty

52-2-737. Group day-care home -- staffing requirement

52-2-738. through 52-2-740 reserved

52-2-741. Penalty -- remedies