Montana Administrative Code

37.51.307 YOUTH FOSTER HOMES: SCHOOL AGED CHILD IMMUNIZATION REQUIREMENTS (REPEALED) Authorizing statute(s): 52-1-103, 52-2-111, 52-2-601, 52-2-621, 52-2-622, MCA Implementing statute(s): 20-5-403, 52-1-103, 52-2-111, 52-2-601, 52-2-621, 52-2-622, MCA History: NEW, 2006 MAR p. 13…

37.51.310 YOUTH FOSTER HOMES: CRIMINAL BACKGROUND CHECKS A satisfactory criminal background, motor vehicle, and child protective services check is required for each household member of the applicant, licensee, or emergency placement. If a new applicant or household member who has…

37.51.311 YOUTH FOSTER HOMES: PSYCHOLOGICAL AND MEDICAL EXAMINATIONS The department may require a psychological evaluation or medical examination, and/or a signed authorization for release of medical or psychological records from: any person applying for licensure as a foster par…

37.51.601 YOUTH FOSTER HOMES: CONFIDENTIALITY OF RECORDS AND INFORMATION All information in records maintained in a youth foster home and all personal information made available to a foster parent pertaining to an individual child and the child's family must be kept confidential …

37.51.602 YOUTH FOSTER HOMES: REPORTS OF CHANGE IN COMPOSITION OF FOSTER HOME Foster parents shall notify the department licensing worker or supervisor or the licensed child placing agency's licensing worker under whose jurisdiction the foster home operates, within 48 hours of: a…

37.51.603 YOUTH FOSTER HOMES: THERAPEUTIC FOSTER HOMES Therapeutic foster parents must meet all requirements for regular foster parents set forth in this rule, the requirements set forth in ARM 37.37.101, et seq., and the additional requirements in this rule and ARM 37.51.1403. T…

37.51.607 YOUTH FOSTER HOMES: REPORTS OF SUSPECTED CHILD ABUSE OR NEGLECT As required by 41-3-201 , MCA, foster parents shall report any incident of known or suspected child abuse or neglect of any child to the department's Centralized Intake Bureau at 1 (866) 820-5437. Foster pa…

37.51.608 YOUTH FOSTER HOMES: REPORTS OF SERIOUS INCIDENTS AND THREATS Foster parents shall as soon as possible but in not more than 24 hours report any serious incident as defined in ARM 37.51.102(13) involving a foster child to the person or agency which placed the child and to…

37.51.609 YOUTH FOSTER HOMES: REPORTS OF DISCIPLINE VIOLATIONS If a foster parent or other household member physically disciplines a foster child as described in ARM 37.51.826 or violates any other portion of that rule, the foster parent must notify the agency that placed the chi…

37.51.801 YOUTH FOSTER HOMES: GENERAL PROGRAM REQUIREMENTS A foster parent shall not accept more children than the number specified on the license, without prior approval of the department licensing worker or licensed child placing agency under whose jurisdiction the foster home …

37.51.802 YOUTH FOSTER HOMES: COOPERATION OF FOSTER PARENTS Foster parents shall cooperate with the placing agency, implement decisions made by the department regarding the child, and support the department's permanency plan for the child. Foster parents shall permit and encourag…

37.51.805 YOUTH FOSTER HOMES: CHILD EDUCATION AND TRAINING The foster parents shall cooperate with the placing agency and, when appropriate, the birth or legal parents, in providing or arranging an age appropriate education, employment, or training program appropriate for each ch…

37.51.806 YOUTH FOSTER HOMES: CHILD RELIGIOUS AND CULTURAL EXPRESSION Each child in foster care shall have the opportunity to voluntarily practice his religion. Foster parents shall allow each child to attend available religious services of the child's or birth parent's choice in…

37.51.810 YOUTH FOSTER HOMES: CHILD CLOTHING A foster parent shall ensure that each foster child is supplied with his or her own clothing suitable to the child's age and size. Clothing must be comparable to the clothing of other children in the community. Children must be given a…

37.51.815 YOUTH FOSTER HOMES: CHILD PRIVACY RIGHTS The foster parents shall allow privacy for the child and shall provide appropriate sleeping arrangements, separate storage space for clothing and personal articles, and a place to display the child's socially appropriate creative…

37.51.816 YOUTH FOSTER HOMES: SLEEPING ARRANGEMENTS AND REQUIREMENTS Each foster child must sleep in a room designated as a bedroom that provides for privacy. Any room in which the child sleeps must have a window sufficiently large for an adult to enter or exit in an emergency. C…

37.51.820 YOUTH FOSTER HOMES: YOUTH INDEPENDENT LIVING PROGRAM, JOB TRAINING, AND EMPLOYMENT Foster parents shall cooperate with the department's independent living program staff and contractors to ensure that eligible youth in foster care are encouraged and assisted to access se…

37.51.825 YOUTH FOSTER HOMES: PHYSICAL CARE OF CHILDREN Foster parents shall work with the placing agency to ensure that the foster child's medical needs are met. Every foster child must have an identified physician. Medical and dental care, including examinations and treatment, …

37.51.826 YOUTH FOSTER HOMES: DISCIPLINE Foster parents shall use discipline appropriate to the child's age and developmental level. The foster parents' approach to discipline must be positive. The foster parents shall not use spanking or other forms of physical punishment. The f…

37.51.901 YOUTH FOSTER HOMES: ENVIRONMENTAL AND SAFETY REQUIREMENTS The foster home and its premises must be comparable to other residences of the community and neighborhood in which it is located. The home must be built or manufactured for the purpose of full-time residency. Eve…

37.51.902 YOUTH FOSTER HOMES: FIRE SAFETY REQUIREMENTS Two unobstructed means of exit must exist from all sleeping areas occupied by foster children. Foster parents shall devise a written plan for everyone in the home to exit the home in emergencies and must teach the plan to chi…

37.52.101 PROCEDURES FOR OBTAINING SERVICES Any person eligible to adopt, pursuant to 40-8-106 , MCA, may apply to adopt by filling out an application which can be obtained at any child and family services division regional office. Authorizing statute(s): Sec. 53-4-111, MCA Imple…

37.52.104 HOME APPROVAL, ELIGIBILITY REQUIREMENTS The department will not accept adoptive applicants who have current applications before any other licensed adoption agency. The department decides whether applicants will be studied and whether children will be placed. The departm…

37.52.110 ADOPTIVE HOME APPROVAL The department provides the following services: counsel the family regarding an appropriate placement for them; help the family to understand the adoptive process; counsel the family regarding possible adjustment problems; counsel the family regar…

37.52.115 ADOPTIVE PLACEMENT ELIGIBILITY REQUIREMENTS Parental rights must be terminated and custody with the right to place for adoption must be given to the department by a court of competent jurisdiction. The parent or parents may voluntarily relinquish a child for adoption by…

37.52.120 ADOPTIVE PLACEMENT SERVICES PROVIDED The department will: prepare a social study on children considered for adoption; counsel children considered for adoption; arrange for pre-placement visits with the family selected for placement; assist the family in formal adoption …

37.52.125 CHILD PLACEMENT, PROCEDURES FOR OBTAINING SERVICES A social worker may recommend adoptive placement for a child who is eligible for adoption and appears to be placeable by reason of age, adjustment and family situation. Another licensed agency or a court could recommend…

37.52.201 PURPOSE (REPEALED) (REPEALED) Authorizing statute(s): 53-4-304, MCA Implementing statute(s): 53-4-302, MCA History: NEW, Eff. 8/4/73; TRANS, from Dept. of SRS, 1987 MAR p. 1492, Eff. 7/1/87; TRANS, from DFS, 1998 MAR p. 659; REP, 2026 MAR, Notice No. 2025-6, Eff. 1/24/2…

37.52.202 DEFINITIONS The following definitions apply to the rules contained in this subchapter: “Adoption assistance” means the financial and/or medical assistance and/or non-recurring expenses and/or other services provided under an adoption assistance agreement. At a minimum, …

37.52.203 ADOPTION ASSISTANCE AGREEMENT REQUIRED An adoption assistance agreement is negotiated between the pre-adoptive parents and the department. The agreement must: be negotiated and executed by the date of or prior to the date of the finalized adoption decree; indicate the t…

37.52.204 ELIGIBILITY REQUIREMENTS (REPEALED) (REPEALED) Authorizing statute(s): 53-4-304, MCA Implementing statute(s): 53-4-304, MCA History: NEW, Eff. 8/4/73; TRANS, from Dept. of SRS, 1987 MAR p. 1492, Eff. 7/1/87; TRANS, from DFS, 1998 MAR p. 659; REP, 2026 MAR, Notice No. 20…

37.52.205 APPLICATION OF PROSPECTIVE ADOPTIVE FAMILY (REPEALED) (REPEALED) Authorizing statute(s): 53-4-304, MCA Implementing statute(s): 53-4-308, MCA History: NEW, Eff. 8/4/73; TRANS, from Dept. of SRS, 1987 MAR p. 1492, Eff. 7/1/87; TRANS, from DFS, 1998 MAR p. 659; REP, 2026 …

37.52.206 AMOUNT AND DETERMINATION OF SUBSIDY (REPEALED) (REPEALED) Authorizing statute(s): 53-4-304, MCA Implementing statute(s): 53-4-310, MCA History: NEW, Eff. 8/4/73; TRANS, from Dept. of SRS, 1987 MAR p. 1492, Eff. 7/1/87; TRANS, from DFS, 1998 MAR p. 659; REP, 2026 MAR, No…

37.52.207 RENEGOTIATION The adoptive parents may request the department renegotiate the amount of the monthly payment in the adoption assistance agreement if: there has been a change in the family’s circumstances; or a higher foster care rate would have been paid on behalf of the…

37.52.208 TERMINATION OF THE ADOPTION ASSISTANCE Once the adoption assistance agreement is in place, the agreement may be terminated under any of the following: the conclusion of the term of the agreement; the adoptive parents provide the department a written request to discontin…

37.52.209 ELIGIBILITY REQUIREMENTS Pre-adoptive parents adopting a child from the custody of the department or through a private licensed child placing agency must meet the pre-placement provisions of 42-3-204, MCA, or the department cannot enter into an adoption assistance agree…

37.52.210 REVIEW OF SUBSIDY PAYMENT (REPEALED) (REPEALED) Authorizing statute(s): 42-10-104, MCA Implementing statute(s): 42-10-107, 42-10-108, 42-10-109, MCA History: NEW, Eff. 8/4/73; TRANS, from Dept. of SRS, 1987 MAR p. 1492, Eff. 7/1/87; TRANS, from DFS, 1998 MAR p. 659; AMD…

37.52.211 DETERMINATION REVIEW BY CHILD AND FAMILY SERVICES DIVISION ADMINISTRATOR AND FAIR HEARING REQUESTS If program staff determine that a child or family is ineligible for adoption assistance or deny a request for adoption assistance, the decision will be sent to the Child a…

37.52.212 SUSPENSION OF ADOPTION ASSISTANCE The department may suspend adoption assistance payments if it cannot establish or cannot contact the adoptive parents to establish that the adoptive parent is: providing any support to the adopted child; legally responsible for the supp…

37.52.214 POST PLACEMENT (REPEALED) (REPEALED) Authorizing statute(s): 53-4-304, MCA Implementing statute(s): 53-4-311, MCA History: NEW, Eff. 8/4/73; TRANS, from Dept. of SRS, 1987 MAR p. 1492, Eff. 7/1/87; TRANS, from DFS, 1998 MAR p. 659; REP, 2026 MAR, Notice No. 2025-6, Eff.…

37.52.220 OTHER AGENCIES (REPEALED) (REPEALED) Authorizing statute(s): 53-4-304, MCA Implementing statute(s): 53-4-304, MCA History: NEW, Eff. 8/4/73; TRANS, from Dept. of SRS, 1987 MAR p. 1492, Eff. 7/1/87; TRANS, from DFS, 1998 MAR p. 659; REP, 2026 MAR, Notice No. 2025-6, Eff.…

37.55.1001 RIGHT TO RECONSIDERATION OF ADVERSE END STAGE RENAL DISEASE PROGRAM DECISION Any claimant who is aggrieved by an adverse department end stage renal disease (ESRD) action on an application may, upon request, have an informal reconsideration in accordance with the proced…

37.55.101 DEFINITIONS "Claimant" means a person applying for assistance from the ESRD. "End stage renal disease" means severe kidney disease or kidney failure which is irreversible and permanent, and which requires dialysis or kidney transplantation to control uremia and maintain…

37.55.201 APPLICATION PROCEDURES A new applicant must: submit an application to the department in writing on the form and in the manner prescribed by the department together with all income information and documentation supporting eligibility; and ensure that the application's wi…

37.55.202 TIME PERIOD FOR BENEFITS An approved application entitles the claimant to ESRD benefits, to the extent the ESRD appropriation allows, for the following periods: for July 1 to June 30 of each fiscal year. Benefits shall begin in the month following receipt of and approva…

37.55.206 NOTICE OF END OF ESRD BENEFITS Whenever it appears that the ESRD appropriation for the fiscal year in question will be used up before the end of that fiscal year, the department will provide a news release to each major wire service serving Montana announcing the immine…

37.55.301 NON-FINANCIAL ELIGIBILITY REQUIREMENTS In order to participate in ESRD, the claimant applying for benefits must: have medical verification of end-stage renal disease from a licensed physician who is board eligible or certified in nephrology or a related specialty; be on…

37.55.303 FINANCIAL ELIGIBILITY REQUIREMENTS In order to participate in ESRD, the claimant must take all reasonable steps necessary to apply for and exhaust any and all third party benefits, other than ESRD, to which the claimant is or may be entitled. If costs of treatment for e…

37.55.501 ELIGIBLE SERVICES AND SUPPLIES: GENERAL The department, to the extent of its appropriation for ESRD, will pay for the costs listed in ARM 37.55.502 for approved ESRD-eligible individuals only if each service or supply is directly related to end stage renal disease, medi…

37.55.502 ELIGIBLE SERVICES AND SUPPLIES ESRD will pay for the cost of each of the following services and supplies which remains after all available third-party benefits have been utilized to pay for them: For home or center dialysis: insertion and maintenance of access site; phy…