Montana Administrative Code

37.50.1103 FEDERALLY SUBSIDIZED GUARDIANSHIP Under the Title IV-E State Plan, Guardianship Assistance Program, approved by the United States Department of Health and Human Services (HHS), the department is authorized to utilize federal funds to pay guardianship subsidy on behalf …

37.50.1104 GUARDIANSHIP SUBSIDY: FAIR HEARING PROCEDURES Any person aggrieved by a department determination denying, reducing, terminating, or failing to act upon a guardianship subsidy request within one year of the request may request a hearing as provided in ARM 37.5.304, 37.5…

37.50.1201 PROVIDER PARTICIPATION As a condition to contract with the Department of Public Health and Human Services (department), Child and Family Services Division, for Child Welfare Prevention and Support Services, including but not limited to prevention to both families, inte…

37.50.1202 PROVIDER ENROLLMENT AND AGREEMENTS Providers entering into a Child Welfare Prevention and Support Services contract must: follow requirements listed in the contract; submit a narrative and service array menu; provide information and documentation regarding: sanctions, …

37.50.1203 BILLING, REIMBURSEMENT, CLAIMS PROCESSING, AND PAYMENT The department will reimburse the provider for services provided in accordance with the Child Welfare Prevention and Support Services Matrix Fee Schedule and Catalog. The provider will comply with billing procedure…

37.50.1204 PROVIDER EDUCATION Except where termination has been imposed, the department may, in its discretion, direct a sanctioned provider to participate in a provider education program as a condition of continuing services. At the discretion of the department, provider educati…

37.50.301 FOSTER CARE MAINTENANCE PAYMENTS If the child is found eligible for substitute care placement and foster care maintenance payments, the department shall make payment to the licensed youth care facility where the child is placed according to the rate established by the d…

37.50.305 FOSTER CARE OVERPAYMENTS AND UNDERPAYMENTS The department is entitled to promptly recover the amount of any foster care overpayment made to a foster care provider. Recovery will be accomplished by the provider making payment of the overpayment within 30 days of notifica…

37.50.306 FOSTER CARE RIGHT TO FAIR HEARING Any person aggrieved by an adverse department determination denying foster care maintenance payments or demanding recovery of a foster care overpayment may request a hearing as provided in ARM 37.5.304, 37.5.305, 37.5.307, 37.5.310, 37.…

37.50.310 FOSTER CARE PAYMENTS TO FACILITIES The department shall make payments to facilities for the care of youths who have been approved by the department for placement into the facility. The rate of payment shall be based upon the classification of the facility according to A…

37.50.315 FOSTER CARE CLASSIFICATION MODEL Each facility must be classified according to the department's classification model. The model identifies eight levels of supervision and three levels of treatment. A model rate has been assigned to each level of supervision and treatmen…

37.50.316 FOSTER CARE CLASSIFICATION PROCEDURES Effective January 15, 1989, all facilities providing foster care under contract to the department shall be classified according to the level of treatment and supervision provided. Any facility that does not have a contract with the …

37.50.320 FOSTER CARE FACILITY CONTRACTS Facilities that have been classified may apply for a contract with the department on a form provided by the department. At least 30 days prior to the expiration of the contract, each facility wishing to contract with the department shall s…

37.50.401 FOSTER CARE REVIEW COMMITTEE The committee will conduct a review of any child placed in a licensed family foster home, a child care agency, group home or treatment facility if the child is placed under the supervision of the department or placed by the department or the…

37.50.402 SUBJECT OF FOSTER CARE REVIEWS Foster care reviews must specifically consider the following: Are the child, parents, foster parents receiving appropriate services designed to get the child home? Have reasonable efforts been made by the placing agency to return the child…

37.50.405 REPORTS OF FOSTER CARE REVIEW COMMITTEE The committee, after reviewing the information provided, shall submit a written report to the judge, the department and placing agency summarizing their findings and recommendations within 30 days of the review date. The report sh…

37.50.410 REDUCTION OF THE NUMBER OF CHILDREN IN FOSTER CARE This rule sets the department's specific goal on the maximum number of children receiving assistance under Title IV-E of the Social Security Act (hereinafter referred to as IV-E children) who have been in foster care fo…

37.50.501 FOSTER CARE SUPPORT SERVICES, PURPOSE The purpose of this subchapter is to establish eligibility criteria for foster care support services. Payment for foster care support services may be made on behalf of foster children who require diapers,respite care,and other speci…

37.50.502 FOSTER CARE SUPPORT SERVICES, DEFINITIONS For the purposes of this subchapter, the following definitions apply: "Foster child" means any person under the age of 18 years, without regard to sex or emancipation, who has been placed in a licensed youth foster home. "Foster…

37.50.505 FOSTER CARE SUPPORT SERVICES, DIAPER ALLOWANCE Any child under the age of 3 who is placed in a licensed foster home is eligible for a diaper allowance if: the child is expected to be in foster care for more than 30 days; the department is making foster care payments for…

37.50.506 FOSTER CARE SUPPORT SERVICES, CLOTHING ALLOWANCE (REPEALED) (REPEALED) Authorizing statute(s): 41-3-1103, 53-2-201, 53-4-111, MCA Implementing statute(s): 41-3-1103, 53-4-111, MCA History: NEW, 1985 MAR p. 1021, Eff. 7/26/85; TRANS, from Dept. of SRS, 1987 MAR p. 1653, …

37.50.510 FOSTER CARE SUPPORT SERVICES, SUPPLEMENTAL SERVICES ALLOWANCE Any child placed in a licensed youth foster home is eligible for a supplemental services allowance if: the child is expected to be in foster care for more than 30 days; the department is making the foster car…

37.50.511 FOSTER CARE SUPPORT SERVICES, RESPITE CARE ALLOWANCE Any child placed in a licensed youth foster home is eligible for respite care allowance if: the child is expected to be in placement for more than 30 days; the department is making foster care payments for the child; …

37.50.512 FOSTER CARE SUPPORT SERVICES, RESPITE CARE SELECTION AND TRAINING For children eligible for respite care under ARM 37.50.511, foster parents may arrange for respite care services. The arrangement shall provide for respite care services from a qualified individual. Laws …

37.50.520 FOSTER CARE SUPPORT SERVICES, APPLICATION PROCESS Any foster parent may apply for foster care support services. All requests for foster care support services must be based upon need for the service as documented by the placing social worker. All applications for foster …

37.50.521 FOSTER CARE SUPPORT SERVICES, AVAILABILITY OF FUNDS All of the foster care support services payments are contingent upon the availability of state funds appropriated for such services. The allowances may be reduced, denied or discontinued regardless of eligibility if th…

37.50.525 FOSTER CARE SUPPORT SERVICES, HEARING Any person aggrieved by an adverse action of the department or its representatives regarding foster care support services may request a hearing as provided in ARM 37.5.304, 37.5.305, 37.5.307, 37.5.310, 37.5.311, 37.5.313, 37.5.316,…

37.50.801 PLACEMENT OF CHILDREN WITH MULTIAGENCY SERVICE NEEDS WITH OUT-OF-STATE PROVIDERS, DEFINITIONS As used in this subchapter, the following definitions apply: "Department" means the department of public health and human services. "Placement by the department" means placemen…

37.50.804 LIMITATIONS ON PLACEMENT OF CHILDREN WITH MULTIAGENCY SERVICE NEEDS WITH OUT-OF-STATE PROVIDERS Placement of children with multiagency service needs with out-of-state providers shall occur only according to the applicable provisions of the memorandum of understanding en…

37.50.901 INTERSTATE COMPACT ON THE PLACEMENT OF CHILDREN The Department of Public Health and Human Services adopts and incorporates by reference the regulations adopted by the Association of Administrators of the Interstate Compact on the Placement of Children as amended through…

37.51.1001 YOUTH FOSTER HOMES: TRANSPORTATION Foster parents and any person transporting foster children with a foster parent's permission, must possess a valid driver's license and meet the minimum liability insurance coverage requirements set by state law. Vehicle doors must be…

37.51.101 YOUTH FOSTER HOMES: PURPOSE These rules establish licensing procedures and licensing requirements for youth foster homes, including therapeutic foster homes and kinship foster homes licensed by the department. Authorizing statute(s): 52-1-103, 52-2-111, 52-2-601, 52-2-6…

37.51.102 YOUTH FOSTER HOMES: DEFINITIONS The following definitions apply to youth foster home licensing rules: "ACIP" means the Advisory Committee on Immunization Practices of the U.S. Public Health Service. "Crib" means full size crib, mini crib, or play pen which must meet the…

37.51.1401 YOUTH FOSTER HOMES: REQUIRED TRAINING Each applicant shall attend the required preservice training of not less than eight hours prior to issuance of a regular license. The foster parents shall complete the resource parent online training within the first year of licens…

37.51.1404 YOUTH FOSTER HOMES: TRAINING EXCEPTIONS A written exception to the required preservice training must be approved prior to initial licensure. A written exception to the required 15 hours of annual training must be approved prior to a license being renewed. Authorizing s…

37.51.1405 YOUTH FOSTER HOMES: REQUIRED TRAINING TOPICS Annual training is intended to help the foster parents gain further understanding regarding such issues as child maltreatment, child growth and development, family dysfunction, permanency planning, emergency or long term med…

37.51.1410 YOUTH FOSTER HOMES: REQUIRED TRAINING FOR THERAPEUTIC FOSTER HOMES Therapeutic foster parents shall each complete 30 hours of training before initial licensure. Each year thereafter, therapeutic foster parents shall complete a total of 30 hours of annual training, incl…

37.51.201 YOUTH FOSTER HOMES: LICENSE REQUIRED Every youth foster home shall be licensed by the department or responsible tribal authority. Failure of a provider to obtain or renew a license while continuing to operate a youth foster home is a misdemeanor and shall be subject to …

37.51.202 YOUTH FOSTER HOMES: LICENSING PROCEDURES Upon receipt of a completed application packet for license or renewal of license and completion of a licensing assessment, the department shall determine whether the applicant meets all requirements for licensure as established i…

37.51.203 YOUTH FOSTER HOMES: LICENSURE AND RENEWAL The department may issue a youth foster home, kinship foster home, or therapeutic foster home license to any license applicant that the department determines meets all licensing requirements established by these rules. The initi…

37.51.207 YOUTH FOSTER HOMES: PROVISIONAL LICENSURE The department may, at its discretion, issue a provisional license restricted for care of a specific child or children for any period up to six months to any license applicant for a youth foster home or kinship foster home that:…

37.51.208 YOUTH FOSTER HOMES: RESTRICTED LICENSE The department may issue a license that is restricted to the care of a specific child or children. Authorizing statute(s): 52-1-103, 52-2-111, 52-2-601, 52-2-621, 52-2-622, MCA Implementing statute(s): 52-1-103, 52-2-111, 52-2-601,…

37.51.209 YOUTH FOSTER HOMES: DUAL LICENSE If an applicant for a foster home or kinship foster home is a licensed or registered day care provider, or if a licensee wishes to become a licensed or registered day care provider, their application must be approved by the licensing bur…

37.51.210 YOUTH FOSTER HOMES: GRANTING LICENSURE EXCEPTIONS An applicant against whom child abuse or neglect has been substantiated may be denied a foster care license unless an exception is granted by the department after careful review of extenuating circumstances that justify …

37.51.216 YOUTH FOSTER HOMES: NEGATIVE LICENSING ACTION The department, through written notice to the applicant, licensee, or potential emergency placement, will deny orrevoke a license or emergency placement upon finding that the applicant, licensee, emergency placement, or any …

37.51.217 YOUTH FOSTER HOMES: HEARING PROCEDURES Any applicant or licensee against whom the department takes negative licensing action regarding a youth foster home, kinship foster home, or therapeutic foster home license may request a fair hearing as provided in ARM 37.5.117, 37…

37.51.218 YOUTH FOSTER HOMES: REMOVAL OF A CHILD The department, after providing the foster home with notice, may remove a child in the care or custody of the department from a foster home at any time it determines that another placement is more appropriate. The department may im…

37.51.301 YOUTH FOSTER HOMES: GENERAL REQUIREMENTS FOR FOSTER PARENTS AND OTHER HOUSEHOLD MEMBERS Foster parents must: be at least 18 years of age; be physically, mentally, and emotionally competent to care for children; like and understand children; be in good general health; be…

37.51.305 YOUTH FOSTER HOMES: HEALTH VERIFICATION REQUIREMENTS FOR FOSTER PARENTS AND OTHER HOUSEHOLD MEMBERS A personal statement of health form, available on the department's website, must be completed for each household member. The form(s) must be submitted to the department w…

37.51.306 YOUTH FOSTER HOMES: IMMUNIZATION REQUIREMENTS All children residing in the foster home, other than the foster child, shall be immunized against measles, rubella, mumps, poliomyelitis, diphtheria, pertussis, tetanus, varicella, hepatitis B, pneumococcal, and Haemophilus …