Montana Administrative Code

37.47.301 CHILD PROTECTIVE SERVICES: DEFINITIONS (REPEALED) Authorizing statute(s): Sec. 2-4-201, 41-3-208 and 52-2-111, MCA Implementing statute(s): Sec. 41-3-102, 41-3-201, 41-3-202 and 41-3-302, MCA History: NEW, 1994 MAR p. 2431, Eff. 8/26/94; TRANS, from DFS, 1998 MAR p. 657…

37.47.302 CENTRALIZED INTAKE BUREAU The centralized intake (CI) bureau is established within the department and is responsible for the operation of the statewide centralized intake system which receives all reports of suspected child abuse, neglect or abandonment statewide from b…

37.47.303 CHILD ABUSE HOTLINE: REPORT AND SCREENING OF INFORMATION When the child abuse hotline receives an incoming communication, the CI specialist will: ask the caller's identity: if the caller does not wish to self-identify, the CI specialist shall also accept an anonymous ca…

37.47.304 CHILD PROTECTIVE SERVICES: INVESTIGATIONS REGARDING PERSONS PRESENT IN LICENSED OR REGISTERED FACILITIES OR IN ASSISTANCE OF LAW ENFORCEMENT (REPEALED) Authorizing statute(s): Sec. 41-3-208 and 52-2-111, MCA Implementing statute(s): Sec. 41-3-102, 41-3-202, 41-3-302, 41…

37.47.305 DISQUALIFYING CRIMINAL OFFENSE FOR ADULTS RESIDING IN POTENTIAL EMERGENCY PLACEMENT "Disqualifying criminal offenses" for adults residing in emergency placements are the same criminal offenses set forth for youth foster homes in ARM 37.51.216(1) and 45 CFR 1356.30. Auth…

37.47.308 CHILD PROTECTION SPECIALIST CERTIFICATION All Child and Family Services Division employees who are employed in child-facing employment positions, including child protection specialist supervisors and child protection specialists, must maintain certification. All divisio…

37.47.309 INITIAL CHILD PROTECTION SPECIALIST SUPERVISORY TRAINING Child protection specialist supervisors are required to attend supervisory training.It is the responsibility of the division's training unit to develop, coordinate, implement, and track the completion of the initi…

37.47.310 ANNUAL CHILD PROTECTION SPECIALIST SUPERVISORY TRAINING Child protection specialist supervisors must complete annual child welfare supervisory training. It is the responsibility of the division's training unit to develop, coordinate, implement, and track the completion …

37.47.315 CHILD PROTECTIVE SERVICES: INFORMATION SYSTEM OPERATION "Protective services information systems" means a collection of records in a central location of all reports relating to investigations of child abuse or neglect cases. The department is responsible for maintaining…

37.47.601 PROTECTIVE SERVICES: PURPOSE The rules of this subchapter govern the disclosure and amendment of case records containing reports of child abuse, neglect or exploitation, and identify a procedure to administratively challenge a substantiated report of child abuse, neglec…

37.47.602 CHILD PROTECTIVE SERVICES: DEFINITIONS For purposes of this subchapter, the following definitions apply: "A person responsible for a child's welfare" means those persons specified in 41-3-102, MCA. "Case records" means any records maintained by the department relating t…

37.47.607 PROTECTIVE SERVICES: DISCLOSURE Case records may be disclosed to those individuals or entities referred to in the applicable provisions of 41-3-205, MCA. The department may prevent the disclosure of any portions of the case record if: the disclosure of the information i…

37.47.608 PROTECTIVE SERVICES: PROCEDURES Requests for disclosure must be in writing to the department. The department shall respond to a request for disclosure within 30 calendar days of the request. If the request for disclosure is denied, the department shall notify the person…

37.47.609 PROTECTIVE SERVICES: REQUEST FOR REVIEW AND AMENDMENT OF THE RECORD (REPEALED) Authorizing statute(s): Sec. 2-4-201, 41-3-208 and 52-3-205, MCA Implementing statute(s): Sec. 2-4-201, 41-3-205 and 52-3-205, MCA History: NEW, 1987 MAR p. 1980, Eff. 10/30/87; AMD, 1994 MAR…

37.47.610 CHILD PROTECTIVE SERVICES: RIGHT TO FAIR HEARING TO CONTEST SUBSTANTIATED REPORTS The subject of a child abuse or neglect report that is determined by the department as substantiated pursuant to ARM 37.47.612 may request a fair hearing. The request for a fair hearing mu…

37.47.611 DECLARATION OF PURPOSE: CHILD ABUSE AND NEGLECT INVESTIGATIONS DETERMINED AS "SUBSTANTIATED" Section 41-3-205, MCA provides that the case records of investigations into child abuse and neglect are confidential. Section 41-3-205, MCA also provides that persons and entiti…

37.47.612 WHEN THE RESULTS OF AN INVESTIGATION OF REPORTED CHILD ABUSE AND NEGLECT MAY BE DISCLOSED AS TO AN INDIVIDUAL THAT MAY POSE A RISK TO CHILDREN After any investigation of a reported child abuse or neglect has been completed and the safety assessment set forth in 41-3-202…

37.47.613 CHILD PROTECTIVE SERVICES: LISTING OF DETERMINATION IN THE PROTECTIVE INFORMATION SYSTEM When the department determines that a report of child abuse or neglect is substantiated pursuant to ARM 37.47.612, the department will initially list its determination in its protec…

37.47.614 USE OF DETERMINATIONS IN CHILD ABUSE OR NEGLECT REPORT INVESTIGATIONS Findings, determinations, and associated case records on child abuse or neglect reports that are determined as unfounded, unsubstantiated, or founded cannot be disclosed to the following persons witho…

37.47.615 CHILD PROTECTIVE SERVICES: EXCEPTIONS TO RIGHT TO FAIR HEARING The subject of a substantiated report of child abuse, neglect, or exploitation is not entitled to a fair hearing if: the subject has been criminally convicted, as defined in 45-2-101(15), MCA, of an offense …

37.47.616 EFFECT OF A DEPARTMENT DETERMINATION THAT AN INVESTIGATION OF CHILD ABUSE AND NEGLECT IS "SUBSTANTIATED" If after an investigation, fair hearing, or any appeal thereof, the department has determined that the results of an investigation are "substantiated," then the depa…

37.47.617 CHILD ABUSE AND NEGLECT REPORTS DETERMINED AS SUBSTANTIATED PRIOR TO JANUARY 1, 2021 Any child abuse or neglect report or investigation that was determined by the department as substantiated prior to January 1, 2021, may be disclosed to the appropriate persons or entiti…

37.47.901 HOME ATTENDANT SERVICES, DEFINITION (REPEALED) (REPEALED) Authorizing statute(s): 53-2-201, MCA Implementing statute(s): 53-2-201, MCA History: NEW, 1983 MAR p. 863, Eff. 7/15/83; TRANS, from Dept. of SRS, 1987 MAR p. 1492, Eff. 7/1/87; TRANS, from DFS, 1998 MAR p. 3218…

37.47.904 HOME ATTENDANT SERVICES, ELIGIBILITY (REPEALED) (REPEALED) Authorizing statute(s): 53-2-201, MCA Implementing statute(s): 53-2-201, MCA History: NEW, 1983 MAR p. 863, Eff. 7/15/83; TRANS, from Dept. of SRS, 1987 MAR p. 1492, Eff. 7/1/87; TRANS, from DFS, 1998 MAR p. 321…

37.47.905 HOME ATTENDANT SERVICES, SERVICES AVAILABLE (REPEALED) (REPEALED) Authorizing statute(s): 53-2-201, MCA Implementing statute(s): 53-2-201, MCA History: NEW, 1983 MAR p. 863, Eff. 7/15/83; TRANS, from Dept. of SRS, 1987 MAR p. 1492, Eff. 7/1/87; TRANS, from DFS, 1998 MAR…

37.47.910 TERMINATION OF HOME ATTENDANT SERVICES The recipient may request that home attendant services be discontinued or may request a change of home attendant. The social worker must act on this request. The department may, in its discretion and in accordance with these rules,…

37.49.101 IV-E FOSTER CARE ELIGIBILITY: DEFINITIONS For purposes of this subchapter, the following definitions apply: "Child" means a person who is under age 18 or who is age 18 or older if the person is a full-time student in a secondary school who is reasonably expected to obta…

37.49.102 IV-E FOSTER CARE ELIGIBILITY: GENERAL REQUIREMENTS IV-E eligibility for a child who has been placed in substitute care shall be determined based on circumstances in the month of eligibility as defined in ARM 37.49.101. A child shall be determined IV-E eligible if: the c…

37.49.106 IV-E FOSTER CARE ELIGIBILITY: RESIDENCY In order for a child to be IV-E eligible, the parent or parents of the child must be residents of the state of Montana in the month of eligibility. There is no durational residency requirement for the child's parent or parents. Af…

37.49.107 IV-E FOSTER CARE ELIGIBILITY: CITIZENSHIP As a condition of IV-E eligibility and to receive IV-E maintenance payments and/or medicaid, a child must be either a citizen of the United States, a person born in Samoa who is not a U.S. citizen, or a qualified alien as define…

37.49.108 IV-E FOSTER CARE ELIGIBILITY: AGE As a condition of IV-E eligibility, a child must be: under the age of 18; or age 18 or older if the child is a full-time student in a secondary school who is reasonably expected to obtain a secondary school diploma or its equivalent in …

37.49.112 IV-E FOSTER CARE ELIGIBILITY: LIVING WITH A SPECIFIED RELATIVE As a condition of IV-E eligibility, a child who is removed from the custody of a parent or other relative must have been living with any relative who is related by blood, including half blood, or by marriage…

37.49.113 IV-E ELIGIBILITY: DEPRIVATION OF PARENTAL SUPPORT As a condition of IV-E eligibility, a child must be deprived of parental support in the month of eligibility due to: death of a parent or parents; continued absence of a parent or parents; physical or mental incapacity o…

37.49.201 IV-E FOSTER CARE ELIGIBILITY: STEPPARENT HOUSEHOLDS A stepparent household is one in which a parent who lives with the child or children for whom a IV-E eligibility determination is being made or sought is married to and living with a person who is not the natural or ad…

37.49.204 IV-E FOSTER CARE ELIGIBILITY: INCLUSION IN THE FILING UNIT The child's IV-E eligibility is based on the total countable income and resources of all members of the filing unit in the month of eligibility. Except as provided in (3) below, the following individuals must be…

37.49.301 CHILD AND MEDICAL SUPPORT REQUIREMENTS Except as provided in (2) , in every case where a child is receiving IV-E foster care maintenance payments and/or medicaid benefits based on the absence of a parent from the home, the child's specified caretaker relative must: assi…

37.49.401 IV-E ELIGIBILITY: A CONDITION OF NEED MUST EXIST A child is not IV-E eligible unless the requirements in ARM 37.49.102 are met. After the initial determination of IV-E financial eligibility, the child is not eligible for IV-E benefits as specified in ARM 37.49.102(4) (a…

37.49.404 IV-E FOSTER CARE ELIGIBILITY: INCOME Income standards as set forth in ARM 37.49.407 are used to determine whether a child or children is IV-E eligible based on income. Two sets of income standards are used. They are as follows: the gross monthly income (GMI) standards, …

37.49.405 IV-E FOSTER CARE ELIGIBILITY: TREATMENT OF INCOME All available income of any required member of the filing unit is counted in determining IV-E eligibility, unless a specific provision elsewhere in this chapter provides that the income will be excluded, disregarded, or …

37.49.406 IV-E ELIGIBILITY: DEEMING OF INCOME The income of certain individuals who live with the filing unit but are not members of the filing unit is considered in determining IV-E eligibility. The income of such individuals is considered by means of a procedure known as "deemi…

37.49.407 IV-E FOSTER CARE ELIGIBILITY: TABLES OF INCOME STANDARDS The following income standards will be used as provided in ARM 37.49.404 to determine IV-E eligibility: GROSS MONTHLY INCOME STANDARDS Number of Persons in Household With Shelter Obligation Per Month Without Shelt…

37.49.412 IV-E FOSTER CARE ELIGIBILITY: EXCLUDED EARNED INCOME The following earned income is not counted when comparing the filing unit's gross monthly income to the applicable GMI standard: the earned income of a dependent child who is a full-time student; income received by a …

37.49.413 IV-E FOSTER CARE ELIGIBILITY: EARNED INCOME DISREGARDS To determine the net monthly income which will be compared to the applicable NMI standard, the disregards set forth in (2) (a) and (b) below are subtracted from the total gross earned income of each member of the fi…

37.49.414 IV-E FOSTER CARE ELIGIBILITY: EXCLUDED UNEARNED INCOME The following unearned income is not counted when comparing the filing unit's gross monthly income and net monthly income to the applicable GMI and NMI standards: complementary assistance from other agencies and org…

37.49.501 IV-E FOSTER CARE ELIGIBILITY: RESOURCE LIMITATION A child is not IV-E eligible if the equity value of combined countable resources of all members of the filing unit exceeds $10,000 in the month of eligibility. After the initial determination of eligibility, the child is…

37.49.502 IV-E FOSTER CARE ELIGIBILITY: EXCLUDED RESOURCES The following resources are not counted when determining IV-E eligibility: the home which is the usual residence of the filing unit; one motor vehicle which has an equity value of $1,500 or less. Any equity value in exces…

37.49.601 IV-E FOSTER CARE ELIGIBILITY: PLACE OF APPLICATION (REPEALED) (REPEALED) Authorizing statute(s): 53-2-201, 53-6-113, MCA Implementing statute(s): 53-2-201, 53-6-131, MCA History: NEW, 1999 MAR p. 1514, Eff. 7/2/99; REP, 2024 MAR p. 2023, Eff. 8/10/24.

37.49.602 IV-E FOSTER CARE ELIGIBILITY: PERIODIC REDETERMINATIONS OF ELIGIBILITY (REPEALED) (REPEALED) Authorizing statute(s): 53-2-201, 53-6-113, MCA Implementing statute(s): 53-2-201, 53-6-131, MCA History: NEW, 1999 MAR p. 1514, Eff. 7/2/99; REP, 2024 MAR p. 2023, Eff. 8/10/24…

37.49.606 IV-E FOSTER CARE ELIGIBILITY: SAFEGUARDING AND SHARING INFORMATION Use and disclosure of information concerning applicants for or recipients of IV-E eligibility are restricted to purposes directly connected with the administration of the IV-E program, except as provided…

37.49.701 IV-E FOSTER CARE ELIGIBILITY: GROUNDS FOR TERMINATION OF BENEFITS; NOTICE OF TERMINATION If a child is determined to be IV-E eligible, eligibility continues as long as the child remains in state or tribal custody or jurisdiction regardless of subsequent changes in the f…