Montana Administrative Code

37.91.106 DEFINITIONS "Accredited college or university" means a college or university which is accredited by a regional accreditation organization recognized by the Montana Board of Regents. "Approved facility training program" means a course of instruction and supervised clinic…

37.91.201 APPLICATION PROCESS Application for professional person certification will be made on forms provided by the department. An applicant for full mental health certification must submit documentation of academic training, documentation of current Montana licensure as a clin…

37.91.205 EXPIRATION AND RENEWAL OF CERTIFICATION Professional person certification will expire three years from the date of certification. The professional person will be notified at least 30 days prior to the expiration date and will be provided a renewal form to record the inf…

37.91.210 REVOCATION OF CERTIFICATION The certification committee may revoke an individual's certification for any of the following reasons: misrepresentation of professional person authority; exercising professional person authority regarding the treatment of a patient without p…

37.91.220 CONTINUATION OF CERTIFICATION Persons who are certified as a full mental health professional person as of the date of final adoption of these rules will be granted full mental health certification on that date for a period of two years or the length of time required to …

37.91.401 REQUIREMENTS FOR FULL MENTAL HEALTH CERTIFICATION Applicants for full mental health certification must demonstrate successful performance as licensed mental health clinicians, a thorough understanding of the statutory responsibilities of a mental health professional per…

37.91.402 PRIVILEGES OF FULL MENTAL HEALTH CERTIFICATION A professional person with full mental health certification is qualified to: approve applications for voluntary admissions to mental health facilities; participate as a mental health professional person in involuntary commi…

37.91.406 REQUIREMENTS FOR FACILITY MENTAL HEALTH CERTIFICATION Applicants for facility mental health certification must be employed by the facility in a position requiring the exercise of the privileges specified in ARM 37.91.407. They must also demonstrate clinical competency a…

37.91.407 PRIVILEGES OF FACILITY MENTAL HEALTH CERTIFICATION A professional person with facility mental health certification is qualified to: approve and monitor the implementation of treatment plans of inpatients in accordance with the facility's written policies; supervise nonp…

37.91.601 APPEAL PROCESS Any action of the certification committee concerning certification denial or revocation may be appealed to the director of the department. All findings and actions of the director will be binding on the certification committee. The notice of appeal must b…

37.93.101 CHILD-PLACING AGENCY: DEFINITIONS "Agency youth foster home" means a youth foster home licensed by the department after being studied by a child placing agency other than the department. "Biological parent" or "birth parent" means the mother and father who conceived and…

37.93.105 CHILD PLACING AGENCY: GOVERNING BODY The governing body shall be the corporation, partnership, association, firm, agency, institution or person in whom the ultimate authority and legal responsibility is vested for the conduct of the child placing agency. The governing b…

37.93.110 CHILD PLACING AGENCY: PERSONNEL Personnel policy. Each child placing agency must have a written personnel policy covering at least the following items: job qualifications, job descriptions, supervisory structure, salary schedules, fringe benefits, insurance, hours of wo…

37.93.201 CHILD PLACING AGENCY: LICENSE REQUIRED No person shall maintain or operate a child placing agency without first securing a license in writing from the department. Authorizing statute(s): Sec. 53-4-111 and 53-4-403, MCA Implementing statute(s): Sec. 53-4-113 and 53-4-403…

37.93.203 CHILD PLACING AGENCY: LICENSES One-year licenses. The department shall issue a 1-year license to any license applicant that meets all requirements established by these rules in this subchapter, as determined by the department after a licensing study. The department shal…

37.93.204 CHILD PLACING AGENCY: LICENSE REVOCATION AND DENIAL The department, after written notice to the applicant or licensee, may deny, suspend, restrict, revoke or reduce to a provisional status a license upon finding that: the agency is not in substantial compliance with lic…

37.93.210 CHILD PLACING AGENCY, APPLICABLE HEARING PROCEDURES Any person aggrieved by an adverse department action denying, revoking, suspending or restricting a license 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,…

37.93.501 CHILD PLACING AGENCY: CONFIDENTIALITY OF RECORDS All records maintained by an agency pertaining to an individual child are confidential and may not be disclosed to any person, agency or organization except as specified in 40-8-126 , MCA, and 50-15-206 , MCA. All records…

37.93.505 CHILD PLACING AGENCY: ADOPTIVE CHILD'S RECORD The agency shall maintain individual records for each child placed in any adoptive home. The records shall be current to the date of adoption and shall contain the following if applicable: demographic information including t…

37.93.510 CHILD PLACING AGENCY: BIRTH FAMILY RECORDS The agency shall maintain a record of the birth family of every child whom the agency places into care. Such records shall contain: demographic information including address, birth dates, race, religion, family composition, and…

37.93.511 CHILD PLACING AGENCY: ADOPTIVE STUDY RECORDS The agency shall keep separate records for each adoptive family which contain: the application; the adoptive assessment study; current medical records of the family; references from at least three sources; a copy of the infor…

37.93.515 CHILD PLACING AGENCY: YOUTH FOSTER HOME RECORDS The agency shall keep separate records for each agency youth foster home which shall contain: the application; the foster home licensing study; foster parent(s) CSD 33 Personal Statement of Health for Licensure; annual ass…

37.93.701 CHILD PLACING AGENCY: SERVICES TO FOSTER PARENT(S) Orientation. The agency shall provide orientation to applicant(s) for an agency youth foster home license to acquaint them with the agency's policies and practices and the department's licensing rules. Agreement. The ag…

37.93.705 CHILD PLACING AGENCY: THE PLACEMENT PROCESS In addition to an agency's responsibility to study and supervise the ongoing operation of its licensed agency youth foster homes, the agency shall comply with the following requirements applicable to the placement process: Int…

37.93.708 CHILD PLACING AGENCY: ADOPTIVE SERVICES In addition to the child placing agency licensing requirements, those agencies that place children for adoption must meet the following requirements: Adoptive home recruitment: Agencies serving Indian children shall actively recru…

37.93.715 CHILD PLACING AGENCY: REPORTS The agency shall agree to submit to the department, upon its request, any reports required by federal or state law or regulation. The agency shall report any of the following changes to the department prior to the effective date of the chan…

37.93.716 CHILD PLACING AGENCY: CONDUCTING LICENSING STUDIES OF AGENCY FOSTER HOME Licensed child placing agencies are authorized by these rules to conduct licensing studies of youth foster homes and to make recommendations to the department for approval or denial of the license …

37.95.1001 INFANT'S AND TODDLER'S DIAPERING AND TOILET TRAINING (REPEALED) (REPEALED) Authorizing statute(s): 52-2-704, MCA Implementing statute(s): 52-2-731, MCA History: NEW, 1982 MAR p. 722, Eff. 4/16/82; TRANS, from Dept. of SRS, 1987 MAR p. 1492, Eff. 7/1/87; TRANS, from DFS…

37.95.1002 INFANT'S AND TODDLER'S WET OR SOILED CLOTHING (REPEALED) (REPEALED) Authorizing statute(s): 52-2-704, MCA Implementing statute(s): 52-2-731, MCA History: NEW, 1982 MAR p. 722, Eff. 4/16/82; TRANS, from Dept. of SRS, 1987 MAR p. 1492, Eff. 7/1/87; TRANS, from DFS, 1998 …

37.95.1003 INFANT'S AND TODDLER'S FEEDING (REPEALED) (REPEALED) Authorizing statute(s): 52-2-704, MCA Implementing statute(s): 52-2-731, MCA History: NEW, 1982 MAR p. 722, Eff. 4/16/82; TRANS, from Dept. of SRS, 1987 MAR p. 1492, Eff. 7/1/87; TRANS, from DFS, 1998 MAR p. 2881; AM…

37.95.1004 INFANT'S AND TODDLER'S, BATHING (REPEALED) (REPEALED) Authorizing statute(s): 52-2-704, MCA Implementing statute(s): 52-2-731, MCA History: NEW, 1982 MAR p. 722, Eff. 4/16/82; TRANS, from Dept. of SRS, 1987 MAR p. 1492, Eff. 7/1/87; TRANS, from DFS, 1998 MAR p. 2881; A…

37.95.1005 INFANT AND TODDLER, SLEEPING (REPEALED) (REPEALED) Authorizing statute(s): 52-2-704, MCA Implementing statute(s): 52-2-731, MCA History: NEW, 1982 MAR p. 722, Eff. 4/16/82; TRANS, from Dept. of SRS, 1987 MAR p. 1492, Eff. 7/1/87; TRANS, from DFS, 1998 MAR p. 2881; AMD,…

37.95.101 CHILD CARE SERVICES, PURPOSES, AND LICENSING (REPEALED) Authorizing statute(s): 52-2-704, 53-4-212, 53-4-503, MCA Implementing statute(s): 52-2-702, 52-2-713, 52-2-721, 53-2-201, 53-4-211, 53-4-502, 53-4-601, 53-4-611, 53-4-612, MCA History: NEW, Eff. 12/31/72; AMD, Eff…

37.95.1010 DAY CARE FACILITIES CARING FOR INFANTS, TRANSPORTATION (REPEALED) Authorizing statute(s): 52-2-704, 53-4-503, MCA Implementing statute(s): 52-2-731, 53-4-504, MCA History: NEW, 1982 MAR p. 722, Eff. 4/16/82; TRANS, from Dept. of SRS, 1987 MAR p. 1492, Eff. 7/1/87; TRAN…

37.95.1011 INFANT'S AND TODDLER'S, ACTIVITIES (REPEALED) (REPEALED) Authorizing statute(s): 52-2-704, MCA Implementing statute(s): 52-2-731, MCA History: NEW, 1982 MAR p. 722, Eff. 4/16/82; TRANS, from Dept. of SRS, 1987 MAR p. 1492, Eff. 7/1/87; TRANS, from DFS, 1998 MAR p. 2881…

37.95.1015 INFANT'S AND TODDLER'S, OUTDOOR ACTIVITIES (REPEALED) (REPEALED) Authorizing statute(s): 52-2-704, MCA Implementing statute(s): 52-2-731, 52-2-736, MCA History: NEW, 1982 MAR p. 722, Eff. 4/16/82; TRANS, from Dept. of SRS, 1987 MAR p. 1492, Eff. 7/1/87; TRANS, from DFS…

37.95.1016 INFANT'S AND TODDLER'S, EQUIPMENT (REPEALED) (REPEALED) Authorizing statute(s): 52-2-704, MCA Implementing statute(s): 52-2-731, MCA History: NEW, 1982 MAR p. 722, Eff. 4/16/82; TRANS, from Dept. of SRS, 1987 MAR p. 1492, Eff. 7/1/87; TRANS, from DFS, 1998 MAR p. 2881;…

37.95.102 DEFINITIONS (REPEALED) (REPEALED) Authorizing statute(s): 52-2-704, 53-4-212, MCA Implementing statute(s): 52-2-702, 52-2-703, 52-2-704, 52-2-713, 52-2-723, 52-2-725, 52-2-731, 52-2-735, 52-2-736, 53-2-201, 53-4-211, 53-4-212, 53-4-611, MCA History: NEW, Eff. 4/5/76; AM…

37.95.1020 CHILD CARE FACILITIES CARING FOR INFANTS, STAFFREQUIREMENTS (REPEALED) Authorizing statute(s): 53-4-503, MCA Implementing statute(s): 53-4-504, MCA History: NEW, 1982 MAR p. 722, Eff. 4/16/82; TRANS, from Dept. of SRS, 1987 MAR p. 1492, Eff. 7/1/87; TRANS, from DFS, 19…

37.95.1021 INFANT'S AND TODDLER'S, SPECIAL REQUIREMENTS FOR DAY CARE CENTERS (REPEALED) (REPEALED) Authorizing statute(s): 52-2-704, MCA Implementing statute(s): 52-2-731, MCA History: NEW, 1982 MAR p. 722, Eff. 4/16/82; TRANS, from Dept. of SRS, 1987 MAR p. 1492, Eff. 7/1/87; TR…

37.95.103 FAMILY, FRIEND, AND NEIGHBOR (FFN) PROVIDERS: REQUIREMENTS AND PROCEDURES (REPEALED) (REPEALED) Authorizing statute(s): 52-2-704, MCA Implementing statute(s): 52-2-704, 52-2-713, 52-2-721, 52-2-722, 52-2-731, MCA History: NEW, 2016 MAR p. 1711, Eff. 9/30/16; AMD, 2018 M…

37.95.104 DETERMINATION OF NEED FOR LICENSE OR REGISTRATION: COUNTING PROVIDER'S OWN CHILDREN (REPEALED) (REPEALED) Authorizing statute(s): 52-2-704, MCA Implementing statute(s): 52-2-704, 52-2-731, MCA History: NEW, 2002 MAR p. 2231, Eff. 8/16/02; REP, 2025 MAR, 37-1044, Eff. 5/…

37.95.105 DETERMINATION OF NUMBER OF CHILDREN UNDER CARE: COUNTING PROVIDER'S AND OTHER CHILDREN (REPEALED) (REPEALED) Authorizing statute(s): 52-2-704, MCA Implementing statute(s): 52-2-704, 52-2-731, MCA History: NEW, 2002 MAR p. 2231, Eff. 8/16/02; REP, 2025 MAR, 37-1044, Eff.…

37.95.106 CHILD CARE FACILITIES, REGISTRATION, OR LICENSING (REPEALED) (REPEALED) Authorizing statute(s): 52-2-704, MCA Implementing statute(s): 52-2-704, 52-2-722, 52-2-723, 52-2-731, MCA History: NEW, Eff. 12/31/72; AMD, 1981 MAR p. 1792, Eff. 12/18/81; AMD, 1985 MAR p. 2041, E…

37.95.107 PERSONS AFFECTED BY DEPARTMENT RECORDS (REPEALED) Authorizing statute(s): 52-2-704, MCA Implementing statute(s): 52-2-702, 52-2-704, 52-2-731, MCA History: NEW, 1994 MAR p. 958, Eff. 4/15/94; AMD, 1994 MAR p. 2938, Eff. 11/11/94; TRANS, from DFS, 1998 MAR p. 2881; REP, …

37.95.108 CHILD CARE FACILITIES, REGISTRATION, AND LICENSING PROCEDURES (REPEALED) (REPEALED) Authorizing statute(s): 52-2-704, MCA Implementing statute(s): 52-2-704, 52-2-723, 52-2-731, 52-2-732, 52-2-733, MCA History: NEW, Eff. 12/31/72; AMD, 1978 MAR p. 205, Eff. 2/5/78; AMD, …

37.95.109 CAREGIVER QUALIFICATIONS FOR ALL DAY CARE FACILITIES (REPEALED) Authorizing statute(s): 52-2-704, MCA Implementing statute(s): 52-2-723, 52-2-731, 52-2-735, MCA History: NEW, 2000 MAR p. 2415, Eff. 9/8/00; AMD, 2002 MAR p. 2231, Eff. 8/16/02; REP, 2006 MAR p. 1424, Eff.…

37.95.110 RELATIVE CARE EXEMPT (RCE) PROVIDERS: REQUIREMENTS AND PROCEDURES (REPEALED) (REPEALED) Authorizing statute(s): 52-2-704, MCA Implementing statute(s): 52-2-703, 52-2-704, 52-2-713, 52-2-721, 52-2-722, 52-2-723, 52-2-731, MCA History: NEW, 2021 MAR p. 1787, Eff. 12/11/21…

37.95.1101 DEFINITIONS (REPEALED) (REPEALED) Authorizing statute(s): 52-2-704, MCA Implementing statute(s): 52-2-702, 52-2-703, 52-2-704, MCA History: NEW, 2010 MAR p. 2390, Eff. 10/15/10; REP, 2025 MAR, 37-1044, Eff. 5/1/25.

37.95.1105 APPLICANT REQUIREMENTS FOR DROP-IN DAY CARE CENTERS (REPEALED) (REPEALED) Authorizing statute(s): 52-2-704, MCA Implementing statute(s): 52-2-702, 52-2-721, 52-2-722, 52-2-723, 52-2-724, 52-2-731, MCA History: NEW, 2010 MAR p. 2390, Eff. 10/15/10; REP, 2025 MAR, 37-104…