Montana Administrative Code

37.95.726 GROUP CHILD CARE HOMES, PARENT INVOLVEMENT (REPEALED) Authorizing statute(s): 53-4-503, MCA Implementing statute(s): 53-4-504, MCA History: NEW, 1982 MAR p. 712, Eff. 4/16/82; AMD, 1985 MAR p. 2041, Eff. 12/27/85; TRANS, from Dept. of SRS, 1987 MAR p. 1492, Eff. 7/1/87;…

37.95.730 GROUP CHILD CARE AND FAMILY CHILD CARE FACILITIES: REGISTRATION SERVICES PROVIDED (REPEALED) (REPEALED) Authorizing statute(s): 52-2-704, MCA Implementing statute(s): 52-2-731, 52-2-733, MCA History: NEW, 2000 MAR p. 2415, Eff. 9/8/00; AMD, 2018 MAR p. 308, Eff. 2/10/18…

37.95.901 FAMILY CHILD CARE HOMES, PROVIDER RESPONSIBILITIES AND QUALIFICATIONS (REPEALED) Authorizing statute(s): 53-4-503, 52-2-704, MCA Implementing statute(s): 53-4-504, 52-2-702, 52-2-704, 52-2-731, MCA History: NEW, 1982 MAR p. 717, Eff. 4/16/82; AMD, 1985 MAR p. 177, Eff. …

37.95.905 FAMILY CHILD CARE HOMES, BUILDING REQUIREMENTS (REPEALED) Authorizing statute(s): 53-4-503, MCA Implementing statute(s): 53-4-504, MCA History: NEW, 1982 MAR p. 717, Eff. 4/16/82; TRANS, from Dept. of SRS, 1987 MAR p. 1492, Eff. 7/1/87; TRANS, from DFS, 1998 MAR p. 2881…

37.95.906 FAMILY CHILD CARE HOMES, FIRE SAFETY REQUIREMENTS (REPEALED) Authorizing statute(s): 53-4-503, MCA Implementing statute(s): 53-4-504, MCA History: NEW, 1982 MAR p. 717, Eff. 4/16/82; TRANS, from Dept. of SRS, 1987 MAR p. 1492, Eff. 7/1/87; TRANS, from DFS, 1998 MAR p. 2…

37.95.907 FAMILY CHILD CARE HOMES, SAFETY REQUIREMENTS (REPEALED) Authorizing statute(s): 53-4-503, MCA Implementing statute(s): 53-4-504, MCA History: NEW, 1982 MAR p. 717, Eff. 4/16/82; TRANS, from Dept. of SRS, 1987 MAR p. 1492, Eff. 7/1/87; TRANS, from DFS, 1998 MAR p. 2881; …

37.95.910 FAMILY CHILD CARE HOMES, OTHER FACILITY REQUIREMENTS (REPEALED) Authorizing statute(s): 53-4-503, MCA Implementing statute(s): 53-4-504, MCA History: NEW, 1982 MAR p. 717, Eff. 4/16/82; TRANS, from Dept. of SRS, 1987 MAR p. 1492, Eff. 7/1/87; TRANS, from DFS, 1998 MAR p…

37.95.911 FAMILY CHILD CARE HOMES, PROGRAM REQUIREMENTS (REPEALED) Authorizing statute(s): 53-4-503, MCA Implementing statute(s): 53-4-504, MCA History: NEW, 1982 MAR p. 717, Eff. 4/16/82; AMD, 1985 MAR p. 2041, Eff. 12/27/85; TRANS, from Dept. of SRS, 1987 MAR p. 1492, Eff. 7/1/…

37.95.912 FAMILY CHILD CARE HOMES, TRANSPORTATION (REPEALED) Authorizing statute(s): 53-4-503, MCA Implementing statute(s): 53-4-504, MCA History: NEW, 1982 MAR p. 717, Eff. 4/16/82; TRANS, from Dept. of SRS, 1987 MAR p. 1492, Eff. 7/1/87; TRANS, from DFS, 1998 MAR p. 2881; REP, …

37.95.913 FAMILY CHILD CARE HOMES, OVERLAP CARE (REPEALED) Authorizing statute(s): 53-4-503, MCA Implementing statute(s): 53-4-504, MCA History: NEW, 1982 MAR p. 717, Eff. 4/16/82; AMD, 1985 MAR p. 2041, Eff. 12/27/85; TRANS, from Dept. of SRS, 1987 MAR p. 1492, Eff. 7/1/87; AMD,…

37.96.1001 BACKGROUND CHECK DEFINITIONS "May deny crime" means a crime that gives the department the ability to determine that a background check result is unsatisfactory, and an individual is not eligible to work or be present in a child care facility. "Must deny crime" means a …

37.96.1002 FINGERPRINT AND BACKGROUND CHECKS The following individuals must provide satisfactory results of background checks prior to approval of any license or registration, or staff approval: child care directors, owners, site directors, lead teachers, teachers, substitutes, t…

37.96.1003 BACKGROUND CHECK RESULTS THAT MUST RESULT IN THE DENIAL OF AN APPLICANT After written notice to the applicant, licensee, or registration holder, the department must deny, suspend, restrict, revoke, or reduce to a provisional or probationary status a license or registra…

37.96.1004 BACKGROUND CHECK RESULTS THAT MAY RESULT IN THE DENIAL OF AN APPLICANT After written notice to the applicant, licensee, or registered provider, the department may deny, suspend, restrict, revoke, or reduce to a provisional or probationary status a license or registrati…

37.96.1005 OFFENSES AND INVESTIGATIONS THAT ARE PENDING RESOLUTION Any staff member, support staff, trainee, volunteer, or other adult residing in the child care facility, or other person who regularly or frequently stays in the facility, who is charged with a crime that will pot…

37.96.1008 PROCESS TO REQUEST ADMINISTRATIVE RECONSIDERATION OF BACKGROUND CHECK RESULTS AND DEPARTMENT DETERMINATION If an unsatisfactory background check occurs based upon a conviction or determination identified in ARM 37.96.1003, 37.96.1004, or 37.96.1005 the staff applicant …

37.96.101 GENERAL DEFINITIONS "Applicant" means an individual or legal entity who has made a formal request for a child care license or registration. "Capacity" means the maximum number of children a facility is authorized by the department to have in care at any given time. "Chi…

37.96.102 TYPES OF LICENSES AND REGISTRATION Montana has different types of child care licenses and registrations, which vary by the number of children in care, the care settings or facility type, and sometimes the ages of children in care. Providers have a choice in selecting th…

37.96.103 DETERMINING FACILITY TYPE AND COUNTING CHILDREN ON LICENSE OR REGISTRATION The facility type is determined by: the provider's application; the license or registration capacity for the facility; the space designated for the facility; the number of staff members available…

37.96.106 CHILD-TO-STAFF RATIOS, STAFF NUMBERS, AND SUPERVISION A licensed or registered child care facility may not provide care for more than the number of children permitted by its license or registration at any one time. Child care centers and licensed drop-in child care faci…

37.96.107 LICENSE OR REGISTRATION APPLICATION Any individual, agency, or group may apply for a license or registration to operate a child care facility. Applications may be obtained from the Department of Public Health and Human Services, Early Childhood and Family Support Divisi…

37.96.108 RCE AND FFN APPLICATION REQUIREMENTS RCE and FFN providers must meet the following requirements to be registered under this chapter: be 18 years old or older; limit the care they provide to a period of less than 24 consecutive hours; have satisfactory results of backgro…

37.96.1101 COMPLAINTS AND INVESTIGATIONS Any individual, group, or other agency may submit a written complaint against a child care facility or provider. The complainant's personal information is not public information. Any individual, group, or other agency may request that the …

37.96.1102 LICENSING OR REGISTRATION CORRECTIVE ACTION At the department's discretion, when a program is not in compliance with this chapter or Title 52, chapter 2, part 7, MCA, a corrective action plan may be required. The department will apply progressive corrective actions in …

37.96.1103 TIME PERIOD FOR CORRECTING NON-COMPLIANCE The length of time a licensee or registered provider has to make corrections will be determined by the department, which must consider: the scope and severity of non-compliance; the potential threat or actual harm to the health…

37.96.1104 DENIAL, SUSPENSION, REVOCATION, OR MODIFICATION OF A LICENSE OR REGISTRATION The department, after written notice to the applicant or provider may deny, suspend, revoke, or modify a license or registration. The department may modify a license or registration by restric…

37.96.1107 VIOLATIONS THAT MAY RESULT IN NEGATIVE LICENSING OR REGISTRATION ACTION The department may deny, suspend, or revoke a license or registration, or take another action such as requiring an individual be excluded from a facility, when: the provider, any staff member, supp…

37.96.1108 NOTICE OF LICENSE OR REGISTRATION DENIAL, SUSPENSION, OR REVOCATION The department must provide written notification to a licensee, registered provider, or applicant of a denial, suspension, or revocation. The licensee, registered provider, or applicant has the right t…

37.96.111 ISSUING A LICENSE OR REGISTRATION The department must conduct a pre-inspection with all child care center, school-age care, drop-in child care, group child care, and family child care license or registration applicants before the applicant can care for children. FFN and…

37.96.1111 ISSUING A PROBATIONARY LICENSE OR REGISTRATION When the department issues a probationary license or registration, the licensee, registered provider, or owner must: provide the parents and guardians of enrolled children notice of the probationary license or registration…

37.96.1112 PROVIDING UNLICENSED OR UNREGISTERED CARE If the department determines a person is providing unlicensed or unregistered care when a license or registration is required, the department will send a notice including: the department's basis for determining unlicensed or un…

37.96.1113 REAPPLICATION AFTER DENIAL, SUSPENSION, OR REVOCATION Applicants who have been denied due to an incomplete application may reapply for a license or registration immediately. Individuals or legal entities that have had a child care license or registration suspended may …

37.96.1116 FAIR HEARING An applicant, licensee, or registered provider who is subject to a negative licensing action is entitled to a fair hearing in accordance with ARM 37.5.103. Authorizing statute(s): 52-2-704, MCA Implementing statute(s): 52-2-704, 52-2-723, 52-2-726, 52-2-73…

37.96.112 RENEWING A LICENSE OR REGISTRATION A child care provider must submit an application for renewal at least 60 days prior to expiration of the license or registration. Provided a complete renewal application is filed timely, the expiring license or registration will remain…

37.96.113 LICENSE OR REGISTRATION APPLICATION DENIAL A child care license or registration application must be denied if: the application process has exceeded 90 days from the date the application is received because the applicant has not submitted all required materials to the de…

37.96.114 TECHNICAL ASSISTANCE The department provides the following licensing and registration support: assistance to current and prospective providers to understand and meet licensing and registration requirements; consultation with child care providers on enrichment experience…

37.96.117 LICENSE OR REGISTRATION ASSIGNMENT A license or registration is valid only for the licensee or registered provider and premises for which it was issued. A license or registration may not be sold, assigned, or transferred. Separate licenses or registrations are required …

37.96.118 FACILITIES INSPECTIONS The department may inspect the conditions and qualifications of licensed or registered child care facilities or applicants during child care business hours. The department may conduct unannounced inspections of licensed or registered child care fa…

37.96.121 REQUIREMENTS FOR FACILITIES OPERATING WITH JOINT PROGRAMS A child care facility operating in connection with another activity unrelated to child care must meet the following requirements: have separate staff and separate space for each program. However, staff and space …

37.96.122 WAIVERS AND PILOT PROJECTS New and renewal license or registration applications may include written requests to waive any provision of a rule within the child care licensing chapter. The department and its partner agencies (e.g., local public health departments) may gra…

37.96.201 PROGRAMMING DEFINITIONS "Guidance approach" means the use of direction to resolve mistaken behavior without punishment. "Positive child guidance" means age-appropriate, non-punitive methods used to redirect a child to achieve a desired behavior. "Programming" means the …

37.96.202 GENERAL PROGRAMMING REQUIREMENTS Child care centers, group child care facilities, family child care facilities, and licensed drop-in child care facilities must have a written plan of daily activities and routines. Programming must: be flexible to accommodate the ages an…

37.96.205 INFANT AND TODDLER ACTIVITIES Child care centers, group child care facilities, family child care facilities, and licensed drop-in child care facilities that provide care for children under 36 months old must have a written plan of daily activities and routines that ensu…

37.96.206 POSITIVE CHILD GUIDANCE All staff of licensed and registered child care facilities must use guidance approaches appropriate to the child's age and developmental level to help children resolve conflicts, manage transitions, engage in challenging situations, or express fe…

37.96.301 ADMINISTRATIVE DEFINITIONS "Abusive head trauma" means a preventable and severe form of physical child abuse that results in an injury to the brain of a child caused by violent shaking and/or blunt impact. "Expulsion" or "expel" means terminating the enrollment of a chi…

37.96.302 EMERGENCY COMMUNICATION Each licensed or registered child care facility must have: a working telephone; telephone numbers of emergency services and the Emergency Montana Poison Control Center (800) 222-1222 posted where they are visible to staff; and emergency contact i…

37.96.303 POLICY REQUIREMENTS All licensed child care providers and registered group or family child care providers must adopt and follow written policies for first aid consistent with recommendations from Caring for Our Children: National Health and Safety Performance Standards,…

37.96.306 RECORD RETENTION Licensed and registered child care providers may maintain records in paper or electronic format, with the exception of the state-issued emergency contact and consent form, which needs to be in paper form. The department must be able to easily access suc…

37.96.307 PROGRAM RECORDS Licensed and registered child care providers must maintain the following records as applicable to the program type: All licensed and registered child care providers must maintain: a copy of the current license or registration, inspection reports by depar…

37.96.308 CHILDREN'S RECORDS All child care staff and volunteers must maintain personal information about a child and the child's family as confidential. All licensed and registered child care providers must have the following information prior to a child being enrolled in a chil…