Montana Administrative Code

37.96.311 STAFF RECORDS If a licensed or registered child care provider employs staff, the provider must maintain the following records for each staff member: contact information; and acknowledgment of, and agreement to follow, program policies for: identifying and preventing sha…

37.96.312 FAMILY ACCESS TO INFORMATION Before a child is enrolled at any licensed child care facility or registered group or family child care facility, the following information must be made available to all parents/guardians: a typical daily schedule of activities; admission re…

37.96.313 NOTIFICATIONS TO THE DEPARTMENT Within ten days of the change, providers must notify the department of any changes that would affect the terms of the license or registration, including changes in staff, temporary or permanent closures, change in ownership of the program…

37.96.401 SAFETY AND FACILITIES DEFINITIONS "Bodies of water" means rivers, streams, ponds, ditches, fountains, and other water sources into which a child can step. "Crib" means a bed that is designed to provide a sleeping environment for children under two years old that meets U…

37.96.402 HAZARDS All licensed and registered child care providers are responsible for keeping hazardous materials and objects inaccessible to children in care, including personal property of staff and licensee. Cleaning materials, flammable liquids, aerosol cans, and other toxic…

37.96.403 ANIMALS Any pet or domesticated animal present at any licensed or registered child care facility, indoors or outdoors, must be in good health, show no evidence of carrying disease, and either pose no safety threat to children or adults, or be kept separate from children…

37.96.404 BUILDING REQUIREMENTS RELATED TO EXITS In an emergency, all occupants must be able to escape from a child care facility in a safe and timely manner. Doorways, aisle ways, corridors, and stairs must be clear of any obstruction. Gates or guards at the top and bottom of st…

37.96.407 INDOOR SPACE REQUIREMENTS All licensed and registered child care providers, except RCE providers, must ensure there is at least 35 square feet of usable floor space per child who will be in a room at any one time. A provider may request a waiver from this rule with an a…

37.96.408 OUTDOOR SPACE REQUIREMENTS Outdoor play space must contain a minimum of 75 square feet of usable space per child accessing the play space at any given time. A provider may request a waiver from this rule if a facility does not have enough outdoor play space to accommoda…

37.96.409 FIRE SAFETY REQUIREMENTS Licensed child care facilities must meet International Fire Code requirements to open and operate as a child care facility. New child care center, school-age care, or drop-in care providers should consult with their local jurisdiction or state f…

37.96.410 EMERGENCY AND DISASTER PREPARATION All licensed and registered child care providers must have a written emergency disaster plan. The plan for each structure used for child care must be developed in such a way that the plan can be followed in the event of a natural or hu…

37.96.413 SAFETY AROUND BODIES OF WATER All licensed and registered child care providers except RCE providers must ensure all in-ground and above-ground swimming pools located in the outdoor play space area or accessible to children are surrounded by a fence that is least five fe…

37.96.414 TRANSPORTATION SAFETY If providing any transportation, all licensed child care providers and registered group and family child care providers must: obtain written consent from the parents/guardians for any transportation provided; and develop a written transportation po…

37.96.415 SLEEPING In all licensed and registered child care facilities, except those used by school-age care programs, there must be adequate opportunities for sleep periods during the day in a safe sleep environment suited to individual needs. In all licensed and registered chi…

37.96.501 MEDICAL HEALTH DEFINITIONS "CPR" means cardiopulmonary resuscitation. "Health care provider" means a person who is licensed, certified, or otherwise authorized by any U.S. state or by Canada to provide health care and who meets the additional qualifying criteria specifi…

37.96.502 MEDICATION ADMINISTRATION No child care staff of any type of licensed or registered child care provider may administer any medication or supplement to a child without the written authorization of a parent or guardian. The authorization must include the child's name, dur…

37.96.505 MANAGEMENT OF ILLNESS All licensed and registered child care providers must designate a staff member to check daily the health status of each child immediately upon that child's entry into the child care facility. All licensed and registered child care providers must ex…

37.96.506 FIRST AID All child care facilities must maintain a complete, well-stocked, portable first aid kit. The first aid kit must accompany staff and children on trips away from the facility and must contain: sterile, absorbent bandages; antiseptic wipes or product to clean wo…

37.96.601 ENVIRONMENTAL HEALTH DEFINITIONS "Public sewage system" means a system of collection, transportation, treatment, or disposal of sewage that is designed to serve or serves 15 or more families or 25 or more persons for a period of at least 60 days out of the calendar year…

37.96.602 HEALTH RULES INCLUDED IN INSPECTION BY PUBLIC HEALTH AUTHORITIES Licensed child care providers must provide to CCL an annual training or inspection certificate from their local health authority, except: Providers using a commercial or public space that receive an annual…

37.96.603 SMOKE-FREE ENVIRONMENT All licensed and registered child care providers except RCE providers must provide and ensure a smoke-free and tobacco-free environment for children, ensuring there will be no smoking or use of vapor, tobacco, or alternative nicotine products othe…

37.96.604 OUTDOOR AIR QUALITY All licensed and registered child care providers except RCE providers must reference the guidelines in ARM 37.111.827 to determine local air quality conditions and whether to cancel outdoor activities. Authorizing statute(s): 52-2-704, 52-2-731, MCA …

37.96.607 INDOOR AIR QUALITY Centralized ventilation systems and air filters in child care facilities, excluding RCEs, must be properly maintained. Licensed child care facilities must ensure that the temperature is maintained at a minimum of 65°F in the areas used for child care.…

37.96.608 HAND HYGIENE Staff, volunteers, and children in all licensed and registered child care facilities, excluding RCEs, must learn and follow good handwashing practices at the following times: before and after: preparing or handling food or beverages, eating, or feeding a ch…

37.96.609 BATHROOM HYGIENE Licensed child care facilities must provide lavatories (sinks), water closets (toilets), and urinals in the ratio of the number of each to the number of individuals using them, including children, staff, and volunteers, as follows: lavatories (sinks): 1…

37.96.612 SOLID WASTE MANAGEMENT All licensed and registered child care providers must ensure that solid waste is safely stored and disposed of. Store all solid waste between removals in containers which have lids and are corrosion resistant, fly-tight, watertight, and rodent-pro…

37.96.613 LAUNDRY AND CLOTHING All licensed and registered child care providers must ensure that children's wet or soiled clothing is changed promptly. Facilities must have a supply of spare clothing to allow at least one change per day. Soiled clothing must be placed in a sealed…

37.96.614 SANITATION All licensed and registered child care providers must: provide sanitary drinking facilities for each child; clean and sanitize their toys routinely. Toys must be cleaned and sanitized in a solution containing one tablespoon of unscented household bleach to on…

37.96.615 DIAPERING All licensed child care providers and registered group and family child care providers that care for children requiring diapers must: provide an adequate and cleanable area for diaper changing separate from food preparation and play areas; ensure diapering and…

37.96.618 BATHING If bathing is necessary, licensed child care providers and registered group or family child care providers must: directly supervise children when being bathed; sanitize bathing materials after bathing each child; use non allergenic soap; and make sure children c…

37.96.619 WATER SUPPLY SYSTEM All child care facilities must provide an adequate and potable supply of water that is connected to a public water supply system in accordance with 75-6-102, MCA. If the child care facility uses a nonpublic water system source, the program must: have…

37.96.620 SEWAGE SYSTEM All child care facilities must have an adequate and safe sewage system. The child care facility must: be connected to a public sewage system in accordance with 75-6-102, MCA; or if a nonpublic system is used, retain documentation that it has complied with …

37.96.623 SWIMMING POOL SANITATION All licensed child care providers and registered group and family child care providers must allow children to only use swimming pools that are maintained in accordance with ARM 37.115.102, 37.115.103, and 37.115.106. Licensed child care provider…

37.96.624 FOOD PREPARATION AND HANDLING At a minimum, all licensed child care providers and registered group and family child care providers must: cook food to the proper temperatures: chicken, poultry, stuffed foods, and leftovers to 165°F; ground meats (including fish, e.g., fi…

37.96.701 NUTRITION AND FOOD SERVICE DEFINITIONS "CACFP" means the Child and Adult Care Food Program as designated in section 17 of the National School Lunch Act as amended (codified at 42 USC 1766 and effective as of December 13, 2010). "Nutritious meals and snacks" means qualit…

37.96.704 NUTRITION REQUIREMENTS All licensed child care providers and registered group and family child care providers must: provide nutritious meals and snacks to children in such quality and quantity to meet the USDA CACFP recommended dietary allowances for children of each ag…

37.96.705 INFANT FEEDING All licensed and registered child care providers must provide an individualized diet and feeding schedule for infants according to a written plan submitted by the parents/guardians. A change of diet and schedule must be noted on each infant's daily diet a…

37.96.708 FOOD SERVICE EQUIPMENT All licensed and registered child care providers must provide one piece of age-appropriate feeding equipment for every four infants or toddlers. This includes safe high chairs, baby feeding tables, booster seats, and child-size tables and chairs. …

37.96.801 IMMUNIZATION DEFINITIONS "ACIP" means the Advisory Committee on Immunization Practices, which provides advice to the U.S. Centers for Disease Control and Prevention on routine administration of vaccines to pediatric and adult populations. "Adequate documentation" means …

37.96.802 MINIMUM CHILD IMMUNIZATION REQUIREMENTS Children attending all licensed and registered Montana child care facilities are required to be immunized against certain diseases. Minimum child immunization requirements apply to children in all child care facilities with except…

37.96.805 EXEMPTIONS FROM VACCINATION A child is exempt from receiving the required vaccinations when the requirements of any of the following are met: Medical exemption: A child is not required to have any vaccinations which are medically contraindicated. A written and signed st…

37.96.806 REQUIREMENTS FOR ADEQUATE DOCUMENTATION OF IMMUNIZATION STATUS All licensed and registered child care providers must have received completed immunization documentation, in accordance with this rule, before any child can be enrolled into a child care facility. The child …

37.96.809 EXAMINATION AND AUDIT OF OFFICIAL CHILD IMMUNIZATION RECORDS The department and local health authority representatives have the right to audit and verify child vaccination records maintained by licensed and registered child care providers to determine compliance with va…

37.96.810 IMMUNIZATION STATUS AS CONDITION OF ATTENDANCE In order to continue to attend a licensed or registered child care facility, a child must continue to be vaccinated on the schedule described in ARM 37.96.802(1) and must be immediately excluded from attendance if the child…

37.96.901 QUALIFICATIONS AND TRAINING DEFINITIONS "Director" means the person designated as the person responsible for the daily operation of a child care facility. A director is also responsible for implementing appropriate child development principles and knowledge of family re…

37.96.902 DIRECTOR RESPONSIBILITIES AND QUALIFICATIONS All facilities except RCEs must have a director. For the purposes of this rule, FFN providers are considered a director. A director and their program staff are responsible for the health, safety, supervision, protection, and …

37.96.903 SITE DIRECTOR RESPONSIBILITIES AND QUALIFICATIONS Site director is an optional role. Providers may employ site directors when they have multiple facilities in geographically dispersed locations. An individual may only serve as a site director at one location or site. Si…

37.96.904 LEAD TEACHER RESPONSIBILITIES AND QUALIFICATIONS Lead teacher is an optional role. Lead teachers are responsible for facilityactivity planning and delivery. A lead teacher must: be at least 18 years old; have satisfactory results of background checks as set forth in ARM…

37.96.907 TEACHER RESPONSIBILITIES AND QUALIFICATIONS Teacher is an optional role. Teachers help a lead teacher or director provide instructional support to children and implement developmentally appropriate programming. Teachers must: receive oversight and guidance from a lead t…

37.96.908 SUBSTITUTE RESPONSIBILITIES AND QUALIFICATIONS Substitutes must: have satisfactory results of background checks as set forth in ARM 37.96.1002; meet the age requirement for the role for which they are substituting; complete on-the-job training; be current on the Practit…