Montana Administrative Code

37.96.909 TRAINEE RESPONSIBILITIES AND QUALIFICATIONS Trainees must: have satisfactory results of background checks as set forth in ARM 37.96.1002; be at least 16 years old; not be left alone with children until they complete the required 30-day orientation training; receive over…

37.96.910 SUPPORT STAFF QUALIFICATIONS Support staff who do not provide direct care for children must: have satisfactory results of background checks as set forth in ARM 37.96.1002; and complete on-the-job training. Support staff do not count toward compliance with required child…

37.96.913 VOLUNTEER QUALIFICATIONS Volunteers may include a parent or guardian helping on a field trip, special guest presenters, or a parent or guardian, family member, or community member helping with a cultural celebration, or other activity. Volunteers: must be at least 15 ye…

37.96.914 ORIENTATION TRAINING All staff and owners included in child-to-staff ratios must complete department-approved orientation training. Orientation training includes 30-day and 90-day training requirements. Within 30 days of hire and before providing unsupervised care to ch…

37.96.915 ANNUAL TRAINING All staff and owners working more than 500 hours annually at any licensed or registered child care facility must successfully complete required annual training as defined in the Practitioner Registry. Staff and owners of licensed child care centers, and …

37.96.918 HEALTH AND SAFETY REFRESHER COURSE All staff required to complete orientation training, including RCE and FFN providers, must complete a department-approved health and safety refresher course at least every three years. The health and safety review course will count tow…

37.97.1001 YOUTH FOSTER HOME: FOSTER PARENTS (REPEALED) Authorizing statute(s): 41-3-1103, MCA Implementing statute(s): 41-3-1103, 41-3-1142, MCA History: NEW, 1985 MAR p. 175, Eff. 2/15/85; TRANS, from Dept. of SRS, 1987 MAR p. 1492, Eff. 7/1/87; AMD, 1991 MAR p. 2262, Eff. 11/2…

37.97.1002 YOUTH FOSTER HOME: PROGRAM REQUIREMENTS (REPEALED) Authorizing statute(s): 41-3-1103, 53-4-111, MCA Implementing statute(s): 41-3-1103, 53-4-113, MCA History: NEW, 1983 MAR p. 1746, Eff. 11/26/83; TRANS, from Dept. of SRS, 1987 MAR p. 1492, Eff. 7/1/87; TRANS, from DFS…

37.97.1006 YOUTH FOSTER HOME: PHYSICAL CARE (REPEALED) Authorizing statute(s): 41-3-1103, 53-4-111, MCA Implementing statute(s): 41-3-1103, 53-4-113, MCA History: NEW, 1983 MAR p. 1746, Eff. 11/26/83; TRANS, from Dept. of SRS, 1987 MAR p. 1492, Eff. 7/1/87; AMD, 1992 MAR p. 1367,…

37.97.101 YOUTH CARE FACILITY (YCF): PURPOSE These rules establish licensing procedures and licensing requirements for youth care facilities. Authorizing statute(s): 52-2-111, 52-2-603, 52-2-622, MCA Implementing statute(s): 52-2-113, 52-2-602, 52-2-622, 53-2-201, MCA History: NE…

37.97.1011 YOUTH FOSTER HOME: DISCIPLINE (REPEALED) Authorizing statute(s): 41-3-1103, 53-4-111, MCA Implementing statute(s): 41-3-1103, 41-3-1142, 53-4-113, MCA History: NEW, 1983 MAR p. 1746, Eff. 11/26/83; AMD, 1984 MAR p. 1635, Eff. 11/16/84; TRANS, from Dept. of SRS, 1987 MA…

37.97.1013 YOUTH FOSTER HOME: ENVIRONMENTAL REQUIREMENTS (REPEALED) Authorizing statute(s): 41-3-1103, 53-4-111, MCA Implementing statute(s): 41-3-1103, 53-4-113, MCA History: NEW, 1983 MAR p. 1746, Eff. 11/26/83; TRANS, from Dept. of SRS, 1987 MAR p. 1492, Eff. 7/1/87; TRANS, fr…

37.97.1014 YOUTH FOSTER HOME: FIRE SAFETY RULE (REPEALED) Authorizing statute(s): 41-3-1103, 53-4-111, MCA Implementing statute(s): 41-3-1103, 53-4-113, MCA History: NEW, 1983 MAR p. 1746, Eff. 11/26/83; TRANS, from Dept. of SRS, 1987 MAR p. 1492, Eff. 7/1/87; TRANS, from DFS, 19…

37.97.1016 YOUTH FOSTER HOME: OTHER SAFETY REQUIREMENTS (REPEALED) Authorizing statute(s): 41-3-1103, 53-4-111, MCA Implementing statute(s): 41-3-1103, 53-4-113, MCA History: NEW, 1983 MAR p. 1746, Eff. 11/26/83; TRANS, from Dept. of SRS, 1987 MAR p. 1492, Eff. 7/1/87; TRANS, fro…

37.97.1018 YOUTH FOSTER HOME: TRANSPORTATION (REPEALED) Authorizing statute(s): 41-3-1103, 53-4-111, MCA Implementing statute(s): 41-3-1103, 53-4-113, MCA History: NEW, 1983 MAR p. 1746, Eff. 11/26/83; TRANS, from Dept. of SRS, 1987 MAR p. 1492, Eff. 7/1/87; TRANS, from DFS, 1998…

37.97.1019 YOUTH FOSTER HOME: TRAINING REQUIRED (REPEALED) Authorizing statute(s): 41-3-1103, 53-4-111, MCA Implementing statute(s): 41-3-1103, 53-4-113, MCA History: NEW, 1983 MAR p. 1746, Eff. 11/26/83; TRANS, from Dept. of SRS, 1987 MAR p. 1653, Eff. 7/1/87; TRANS, from DFS, 1…

37.97.102 YOUTH CARE FACILITY (YCF): DEFINITIONS The following definitions apply to all YCF licensing rules: "Chemical restraint" means the use of a drug or medication that is used to control behavior or restrict the youth's freedom of movement, and which is not a standard treatm…

37.97.105 YOUTH CARE FACILITY (YCF): LICENSE REQUIRED Every YCF 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 YCF is a misdemeanor and shall be subject to the penalties provid…

37.97.106 YOUTH CARE FACILITY (YCF): LICENSES The department shall issue a one year YCF license to any license applicant that meets all licensing requirements established by these rules, as determined by the department after a licensing survey, or that is licensed or otherwise ap…

37.97.110 YOUTH CARE FACILITY (YCF): LICENSING PROCEDURES Application for a YCF license must be made on an application form provided by the department. The YCF shall submit all written program management policies and procedures to the department for approval with the initial appl…

37.97.115 YOUTH CARE FACILITY (YCF): LICENSE DENIAL, SUSPENSION, RESTRICTION, AND REVOCATION The department, after written notice to the applicant or licensee, may deny, suspend, restrict, revoke, or reduce to a provisional status a license upon a finding of any of the following …

37.97.118 YOUTH CARE FACILITY, HEARING PROCEDURES (REPEALED) Authorizing statute(s): 41-3-503, 41-3-1103, 41-3-1142, 52-2-111, 52-2-602, 52-2-622, 52-2-704, 53-4-111, MCA Implementing statute(s): 41-3-503, 41-3-1103, 41-3-1142, 52-2-111, 52-2-113, 53-2-201, 52-2-602, 52-2-622, 53…

37.97.125 YOUTH CARE FACILITY: PERSONS AFFECTED BY DEPARTMENT RECORDS (REPEALED) Authorizing statute(s): Sec. 41-3-1103, 41-3-1142 and 52-2-111, MCA Implementing statute(s): Sec. 2-4-201, 41-3-1103, 41-3-1142 and 52-2-111, MCA History: NEW, 1994 MAR p. 3011, Eff. 11/24/94; TRANS,…

37.97.126 YOUTH CARE FACILITY (YCF): DISCHARGE The YCFmust develop and implement written discharge policies and procedures that include discharge planning to begin at the time of admission. Within ten business days of the discharge of a youth from the YCF, a discharge report must…

37.97.127 YOUTH CARE FACILITY (YCF): CASE RECORDS A YCF shall maintain a written or electronic case record for each youth which shall include administrative, treatment, and educational data from the time of admission until the time the youth is discharged from the YCF. A youth's …

37.97.128 YOUTH CARE FACILITY (YCF): CONFIDENTIALITY OF RECORDS AND INFORMATION All records maintained by a YCF and all personal information made available to a YCF pertaining to an individual youth must be kept confidential and are not available to any person, agency, or organiz…

37.97.130 YOUTH CARE FACILITY (YCF): REPORTS The provider shall agree to submit to the department, upon its request, any reports required by federal or state law or regulation. The YCF shall report any of the following changes in writing to the department's licensure bureau, prio…

37.97.132 YOUTH CARE FACILITY (YCF): GENERAL REQUIREMENTS FOR ALL ADMINISTRATORS, STAFF, INTERNS, AND VOLUNTEERS A YCF must have written personnel and program policies and procedures covering the following items: screening procedure for all applicants; job qualifications; job des…

37.97.135 YOUTH CARE FACILITY (YCF): QUALITY ASSESSMENT The youth care facility (YCF) shall implement and maintain an active quality assessment program for improving policies, procedures, and services. At a minimum, the quality assessment program must include procedures for: cond…

37.97.136 YOUTH CARE FACILITY (YCF): CHILD ABUSE OR NEGLECT AND SERIOUS INCIDENTS Each YCF shall require each staff member, employee, intern, and volunteer to read and sign a statement that clearly defines child abuse and neglect and outlines the individual's responsibility to re…

37.97.140 YOUTH CARE FACILITY (YCF): STAFF BACKGROUND CHECKS All administrators, staff, volunteers, interns, and any adult working in the YCF hired after October 1, 2019 must complete a National Crime Information Center (NCIC) fingerprint-based background check by the Federal Bur…

37.97.141 YOUTH CARE FACILITY (YCF): YOUTH TO AWAKE STAFF RATIOS The following ratio must be followed: the youth to awake staff ratio of a youth group home shall be no more than 8:1 at all times; and the youth to awake staff ratio of a youth shelter care facility shall be no more…

37.97.142 YOUTH CARE FACILITY (YCF): STAFF TRAINING A YCF shall have written policies, procedures, and initial and ongoing training curriculum that meet the minimum requirements in this rule. Providers shall assure adequate and timely training to ensure the safety of youth in car…

37.97.145 YOUTH CARE FACILITY (YCF): ADMISSIONS Each YCF shall admit only those youth for whom it has an operational program and who meet its admissions policies. Each YCF shall have a policy for screening all referrals. This policy must include procedures for accepting emergency…

37.97.146 YOUTH CARE FACILITY (YCF): PLACEMENT AGREEMENTS When a youth is admitted to a YCF, the YCF shall enter into a written placement agreement with the placing agency and/or parents or guardian, except when the facility has an existing written agreement with the placing agen…

37.97.147 YOUTH CARE FACILITY (YCF): YOUTH ORIENTATION A YCF shall have written orientation policies and procedures for admission to the YCF. For youth over the age of five, the youth's orientation shall include but is not limited to: a procedure for ensuring that each youth rece…

37.97.148 YOUTH CARE FACILITY (YCF): CASE PLAN Except for therapeutic group homes, eachYCFmust develop a case plan for each youth in care. A case plan is a specific plan for providing care, treatment, and services of any kind to a specific youth. The case plan must include but is…

37.97.152 YOUTH CARE FACILITY (YCF): PHYSICAL CARE Every youth shall have access to the services of at least one licensed health care professional as defined in 50-5-101, MCA. Medical, dental, psychiatric, psychological care, and counseling services will be arranged for youth as …

37.97.153 YOUTH CARE FACILITY (YCF): MEDICATION STORAGE AND ADMINISTRATION A YCF shall have and follow written policies and procedures regarding the storage, administration, and disposal of prescription, nonprescription, and over-the-counter medication. All medication must be kep…

37.97.154 YOUTH CARE FACILITY (YCF): CARE AND GUIDANCE A YCF shall provide to each youth sufficient staff to ensure: appropriate care, supervision, safety, treatment, and guidance; opportunities for educational, social, and cultural growth through suitable reading materials, toys…

37.97.155 YOUTH CARE FACILITY (YCF): NUTRITION A YCF shall provide for orserve three regular, well-balanced meals per day, and snacks. The meals and snacks must be appropriate to the nutritional needs of the youth and must include the four basic food group requirements. Special d…

37.97.156 YOUTH CARE FACILITY (YCF): PERSONAL NEEDS The YCF shall assure that each youth has clothing suitable to the youth's age and size and comparable to the clothing of other youth in the community. Youth shall have some choice in the selection of their clothing. A YCF shall …

37.97.159 YOUTH CARE FACILITY (YCF): YOUTH RIGHTS A YCF shall develop and maintain a youth's rights policy that supports and protects the fundamental human, civil, constitutional, and statutory rights of all youth. These rights shall include but are not limited to the following: …

37.97.160 YOUTH CARE FACILITY (YCF): RELIGION AND CULTURE The YCF shall have written policies and procedures on how the youth's individual religious and cultural beliefs will be addressed. The YCF shall provide youth with a reasonable opportunity to practice their respective reli…

37.97.161 YOUTH CARE FACILITY (YCF): PRIVACY AND INDIVIDUALISM A YCF shall allow youth to have privacy. A YCF shall provide a separate bed, separate storage space for clothing and personal articles, and a place for each youth to display socially appropriate creative works and sym…

37.97.162 YOUTH CARE FACILITY (YCF): MONEY Money earned by a youth or received as a gift or allowance must be part of the youth's personal property and accounted for separately from the YCF funds. If the YCF is partly supported by institutional production on a commercial basis, t…

37.97.163 YOUTH CARE FACILITY (YCF): YOUTH TRAINING AND EMPLOYMENT For youth age 16 and older a YCF may assist in: preparing youth for economic independence; referring youth to the appropriate independent living program; and opportunity to obtain the skills necessary for employme…

37.97.164 YOUTH CARE FACILITY (YCF): EDUCATION A YCF shall provide access to an educational program appropriate to the needs of each youth and comply with state school attendance laws. A YCF licensed as a youth shelter care facility shall assure that each youth is offered an appr…

37.97.165 YOUTH CARE FACILITY (YCF): RECREATION The YCF may have an on-grounds recreation program that is operated by the YCF's staff. However, when available, the YCF shall provide the youth access to community recreation and cultural events when appropriate to the youth's needs…

37.97.170 YOUTH CARE FACILITIES (YCF): TIME-OUT A YCF must develop a written time-out policy and procedures which clearly provide: length of time the youth may remain in time-out which must be age appropriate; guidelines for staff observation of the youth when in time-out; docume…