Montana Administrative Code

37.97.171 YOUTH CARE FACILITY (YCF): BEHAVIOR MANAGEMENT POLICIES A YCF shall have and follow written behavior management policies and procedures which include a description of the model, program, or techniques to be used with youth. The YCF shall have policies addressing discipl…

37.97.172 YOUTH CARE FACILITY (YCF): USE OF CRISIS INTERVENTION AND PHYSICAL RESTRAINT STRATEGIES The YCF shall have written policies and procedures governing the appropriate use of crisis intervention and physical restraint strategies, including but not limited to the use of de-…

37.97.175 YOUTH CARE FACILITY (YCF): SEARCHES The provisions of this rule apply to all searches by YCF staff of the youth's person and the youth's personal property, including searches of personal correspondence. The facts and circumstances supporting a determination of reasonabl…

37.97.176 YOUTH CARE FACILITY (YCF): CONTRABAND A YCF shall define prohibited contraband in a written policy. Law enforcement must be notified as appropriate when illegal contraband is discovered. All contraband that is not illegal must be returned to the youth's parent or guardi…

37.97.177 YOUTH CARE FACILITY (YCF): SAFETY A YCF shall have and follow appropriate written policies and procedures on safety and equipment. There must be a first aid kit with sufficient supplies available at all times. A first aid kit must: be readily available on site as well a…

37.97.178 YOUTH CARE FACILITY (YCF): EMERGENCY AND EVACUATION PLANS A YCF shall have and follow a written emergency plan developed in conjunction with emergency services in the community, and it must include specific procedures for evacuations, disasters, medical emergencies, hos…

37.97.179 YOUTH CARE FACILITY (YCF): POTENTIAL WEAPONS A YCF shall have and follow written policy and procedures on management of weapons and potential weapons. Firearms must not be allowed on the YCF's property. Firearms must not be in the presence of youth with the exception of…

37.97.182 YOUTH CARE FACILITY (YCF): FOOD PREPARATION AND HANDLING Safe food handling and preparation practices must be followed in all YCFs. The minimum hand washing requirements include the following: The facility must have conveniently located hand washing facilities, supplied…

37.97.184 YOUTH CARE FACILITY (YCF): INFECTION CONTROL A YCF shall develop and implement an infection prevention and control program. At a minimum the facility shall develop, implement, and review, at least annually, written policy and procedures regarding infection prevention an…

37.97.185 YOUTH CARE FACILITY (YCF): ANIMALS AND PETS The YCF may keep household pets and a youth or staff may have a service animal as defined in ARM 37.40.1487, and permitted by local ordinance, subject to the following provisions: pets must be clean and disease-free; the immed…

37.97.186 YOUTH CARE FACILITY (YCF): PHYSICAL ENVIRONMENT A YCF must provide a minimum of ten foot-candles of light in all rooms and hallways, with the following exceptions: All reading lamps must have a capacity to provide a minimum of 30 foot-candles of light. All toilet and ba…

37.97.187 YOUTH CARE FACILITY (YCF): WATER SUPPLY An adequate and potable supply of water must be provided. Before a license may be issued, a YCF using an individual, shared, or multiple user water supply must submit the following to the department or its designee: satisfactory c…

37.97.188 YOUTH CARE FACILITY (YCF): SEWAGE SYSTEM AND SOLID WASTE An adequate and safe wastewater system must be provided for conveying, treating, and disposing of all sewage. Immediate measures must be taken to alleviate health and sanitation hazards caused by wastewater at the…

37.97.190 YOUTH CARE FACILITY (YCF): FINANCES Each YCF shall: provide a sound financial plan to carry out its defined purposes and provide proper care for children; provide documentation of sufficient funds or resources for its first year of operation and be able to furnish evide…

37.97.191 YOUTH CARE FACILITY (YCF): FIRE SAFETY The department adopts and incorporates by reference the occupancy designation/classification group R-3 of the International Fire Code (IFC), 2012, which sets forth the fire safety regulations that apply to youth care facilities. A …

37.97.201 CHILD CARE AGENCY: ADMISSIONS AND DISCHARGES (REPEALED) Authorizing statute(s): 41-3-503, 41-3-1103, 41-3-1142, 53-4-111, 53-4-113, MCA Implementing statute(s): 41-3-503, 41-3-1103, 41-3-1142, 53-2-201, 53-4-113, MCA History: NEW, 1978 MAR p. 88, Eff. 1/26/78; AMD, 1983…

37.97.202 CHILD CARE AGENCY: CASE PLANS (REPEALED) Authorizing statute(s): 41-3-503, 41-3-1142, 53-4-111, MCA Implementing statute(s): 41-3-503, 41-3-1142, 53-2-201, 53-4-113, MCA History: NEW, 1978 MAR p. 88, Eff. 1/26/78; AMD, 1983 MAR p. 742, Eff. 7/1/83; AMD, 1986 MAR p. 2080…

37.97.206 CHILD CARE AGENCY: PERSONNEL A child care agency shall employ an administrator to direct and manage the child care agency. The administrator's duties specifically include but are not limited to directing the care and services provided to youth, personnel matters, and an…

37.97.207 CHILD CARE AGENCY: CHILD/STAFF RATIO Each child care agency, except maternity homes, must maintain the minimum youth to awake staff ratios: from 7:00 a.m. to 11:00 p.m., 8 youth to 1 staff; and from 11:00 p.m. to 7:00 a.m., or any other reasonable eight-hour period of t…

37.97.213 CHILD CARE AGENCY: FINANCES (REPEALED) Authorizing statute(s): 41-3-503, 41-3-1142, 53-4-111, MCA Implementing statute(s): 41-3-503, 41-3-1142, 53-2-201, 53-4-113, MCA History: NEW, 1978 MAR p. 88, Eff. 1/26/78; AMD, 1983 MAR p. 742, Eff. 7/1/83; AMD, 1986 MAR p. 2080, …

37.97.216 CHILD CARE AGENCY: RECORDS Each child care agency shall maintain accurate and current records on each youth in care, including: identifying information on the youth and the youth's family, including the youth's name, date and place of birth, sex, religion, race, names o…

37.97.220 CHILD CARE AGENCY: SUPERVISION OF MEDICATION (REPEALED) Authorizing statute(s): 41-3-1103, 41-3-1142, 53-4-111, MCA Implementing statute(s): 41-3-1103, 53-4-111, 53-4-113, MCA History: NEW, 1986 MAR p. 2080, Eff. 12/27/86; TRANS, from Dept. of SRS, 1987 MAR p. 1492, Eff…

37.97.225 CHILD CARE AGENCY: TIME-OUT (REPEALED) Authorizing statute(s): 41-3-1103, 53-4-111, MCA Implementing statute(s): 53-2-201, 53-4-111, 53-4-113, MCA History: NEW, 1986 MAR p. 2080, Eff. 12/27/86; TRANS, from Dept. of SRS, 1987 MAR p. 1492, Eff. 7/1/87; TRANS, from DFS, 19…

37.97.226 CHILD CARE AGENCY: PASSIVE PHYSICAL RESTRAINT (REPEALED) Authorizing statute(s): 41-3-1103, 41-3-1142, 53-4-111, MCA Implementing statute(s): 41-3-1103, 53-2-201, 53-4-111. 53-4-113, MCA History: NEW, 1986 MAR p. 2080, Eff. 12/27/86; TRANS, from Dept. of SRS, 1987 MAR p…

37.97.230 CHILD CARE AGENCY: TREATMENT PROGRAM The child care agency shall have a written description of its treatment program which must be made available to the placing youth's agency, parent, or guardian. The written description shall include but not be limited to: the name, p…

37.97.233 CHILD CARE AGENCY: MANAGEMENT (REPEALED) Authorizing statute(s): 41-3-1103, 53-4-113, MCA Implementing statute(s): 41-3-1103, MCA History: NEW, 1984 MAR p. 327, Eff. 2/17/84; AMD, 1986 MAR p. 2080, Eff. 12/27/86; TRANS, from Dept. of SRS, 1987 MAR p. 1492, Eff. 7/1/87; …

37.97.238 CHILD CARE AGENCY: EDUCATION (REPEALED) Authorizing statute(s): 41-3-1103, 53-4-113, MCA Implementing statute(s): 41-3-1103, MCA History: NEW, 1984 MAR p. 327, Eff. 2/17/84; AMD, 1986 MAR p. 2080, Eff. 12/27/86; TRANS, from Dept. of SRS, 1987 MAR p. 1492, Eff. 7/1/87; T…

37.97.239 CHILD CARE AGENCY: RECREATION (REPEALED) Authorizing statute(s): 41-3-1103, 53-4-113, MCA Implementing statute(s): 41-3-1103, MCA History: NEW, 1984 MAR p. 327, Eff. 2/17/84; AMD, 1986 MAR p. 2080, Eff. 12/27/86; TRANS, from Dept. of SRS, 1987 MAR p. 1492, Eff. 7/1/87; …

37.97.250 CHILD CARE AGENCY: RESIDENTIAL TREATMENT CENTER, STAFFING (REPEALED) Authorizing statute(s): 41-3-1103, 41-3-1142, 53-4-111, MCA Implementing statute(s): 41-3-1103, 41-3-1142, 53-2-201, 53-4-113, MCA History: NEW, 1986 MAR p. 2080, Eff. 12/27/86; TRANS, from Dept. of SR…

37.97.253 CHILD CARE AGENCY: RESIDENTIAL TREATMENT CENTER, EDUCATION (REPEALED) Authorizing statute(s): 41-3-1142, 53-4-111, MCA Implementing statute(s): 53-2-201, 53-4-111, MCA History: NEW, 1986 MAR p. 2080, Eff. 12/27/86; TRANS, from Dept. of SRS, 1987 MAR p. 1492, Eff. 7/1/87…

37.97.254 CHILD CARE AGENCY: RESIDENTIAL TREATMENT CENTER, RECREATION (REPEALED) Authorizing statute(s): 41-3-1142, 53-4-111, MCA Implementing statute(s): 53-4-111, 53-4-113, MCA History: NEW, 1986 MAR p. 2080, Eff. 12/27/86; TRANS, from Dept. of SRS, 1987 MAR p. 1492, Eff. 7/1/8…

37.97.257 CHILD CARE AGENCY: RESIDENTIAL TREATMENT CENTER, SECLUSION (REPEALED) Authorizing statute(s): 41-3-1103, 41-3-1142, 53-4-111, MCA Implementing statute(s): 41-3-1103, 41-3-1142, 53-2-201, 53-4-113, MCA History: NEW, 1986 MAR p. 2080, Eff. 12/27/86; TRANS, from Dept. of S…

37.97.258 CHILD CARE AGENCY: RESIDENTIAL TREATMENT CENTER, MECHANICAL RESTRAINT (REPEALED) Authorizing statute(s): 41-3-1103, 41-3-1142, 53-4-111, MCA Implementing statute(s): 41-4-1103, 41-3-1141, 41-3-1142, 53-4-111, 53-4-113, MCA History: NEW, 1986 MAR p. 2080, Eff. 12/27/86; …

37.97.259 CHILD CARE AGENCY: RESIDENTIAL TREATMENT CENTER, CHEMICAL RESTRAINT (REPEALED) Authorizing statute(s): 41-3-1103, 41-3-1142, 53-4-111, MCA Implementing statute(s): 41-3-1103, 41-3-1141, 41-3-1142, 53-4-111, 53-4-113, MCA History: NEW, 1986 MAR p. 2080, Eff. 12/27/86; TR…

37.97.270 CHILD CARE AGENCY: ADDITIONAL REQUIREMENTS (REPEALED) Authorizing statute(s): 41-3-503, 41-3-1103, 53-4-111, 53-4-113, MCA Implementing statute(s): 41-3-503, 41-3-1103, 53-2-201, 53-4-113, MCA History: NEW, 1983 MAR p. 742, Eff. 7/1/83; AMD, 1984 MAR p. 327, Eff. 2/17/8…

37.97.501 YOUTH GROUP HOME: ADMINISTRATION (REPEALED) Authorizing statute(s): 41-3-503, 41-3-1103, 53-4-111, MCA Implementing statute(s): 41-3-503, 41-3-1103, 53-2-201, 53-4-113, MCA History: NEW, 1983 MAR p. 742, Eff. 7/1/83; TRANS, from Dept. of SRS, 1987 MAR p. 1653, Eff. 7/1/…

37.97.502 YOUTH GROUP HOME: PROGRAM REQUIREMENTS (REPEALED) Authorizing statute(s): 41-3-503, 41-3-1103, 53-4-111, MCA Implementing statute(s): 41-3-503, 41-3-1103, 53-2-201, 53-4-113, MCA History: NEW, 1983 MAR p. 742, Eff. 7/1/83; TRANS, from Dept. of SRS, 1987 MAR p. 1653, Eff…

37.97.506 YOUTH GROUP HOME: PHYSICAL CARE (REPEALED) Authorizing statute(s): 41-3-503, 41-3-1103, 53-4-111, MCA Implementing statute(s): 41-3-503, 41-3-1103, 53-2-201, 53-4-113, MCA History: NEW, 1983 MAR p. 742, Eff. 7/1/83; TRANS, from Dept. of SRS, 1987 MAR p. 1653, Eff. 7/1/8…

37.97.508 YOUTH GROUP HOME: ENVIRONMENTAL REQUIREMENTS (REPEALED) Authorizing statute(s): 41-3-503, 41-3-1103, 53-4-111, MCA Implementing statute(s): 41-3-503, 41-3-1103, 53-2-201, 53-4-113, MCA History: NEW, 1983 MAR p. 742, Eff. 7/1/83; TRANS, from Dept. of SRS, 1987 MAR p. 165…

37.97.519 YOUTH GROUP HOME: FIRE SAFETY (REPEALED) Authorizing statute(s): 41-3-503, 41-3-1103, 53-4-111, MCA Implementing statute(s): 41-3-503, 41-3-1103, 53-2-201, 53-4-113, MCA History: NEW, 1983 MAR p. 742, Eff. 7/1/83; TRANS, from Dept. of SRS, 1987 MAR p. 1653, Eff. 7/1/87;…

37.97.521 YOUTH GROUP HOME: TRANSPORTATION (REPEALED) Authorizing statute(s): 41-3-503, 41-3-1103, 53-4-111, MCA Implementing statute(s): 41-3-503, 41-3-1103, 53-2-201, 53-4-113, MCA History: NEW, 1983 MAR p. 742, Eff. 7/1/83; TRANS, from Dept. of SRS, 1987 MAR p. 1653, Eff. 7/1/…

37.97.522 YOUTH GROUP HOME: GUNS AND AMMUNITION (REPEALED) Authorizing statute(s): 41-3-503, 41-3-1103, 53-4-111, MCA Implementing statute(s): 41-3-503, 41-3-1103, 53-2-201, 53-4-113, MCA History: NEW, 1983 MAR p. 742, Eff. 7/1/83; TRANS, from Dept. of SRS, 1987 MAR p. 1653, Eff.…

37.97.524 YOUTH GROUP HOME: STAFF (REPEALED) Authorizing statute(s): 41-3-503, 41-3-1103, 41-3-1142, 52-2-111, 52-2-603, 52-2-622, 53-4-111, 53-4-212, MCA Implementing statute(s): 41-3-503, 41-3-1103, 41-3-1142, 52-2-113, 52-2-603, 52-2-622, 53-2-201, 53-4-113, MCA History: NEW, …

37.97.526 YOUTH GROUP HOME: PLACEMENT AGREEMENTS (REPEALED) Authorizing statute(s): 41-3-503, 41-3-1103, 53-4-111, MCA Implementing statute(s): 41-3-503, 41-3-1103, 53-2-201, 53-4-113, MCA History: NEW, 1983 MAR p. 742, Eff. 7/1/83; TRANS, from Dept. of SRS, 1987 MAR p. 1653, Eff…

37.97.528 YOUTH GROUP HOME: CHILDREN'S CASE RECORDS (REPEALED) Authorizing statute(s): 41-3-503, 41-3-1103, 53-4-111, MCA Implementing statute(s): 41-3-503, 41-3-1103, 53-2-201, 53-4-113, MCA History: NEW, 1983 MAR p. 742, Eff. 7/1/83; TRANS, from Dept. of SRS, 1987 MAR p. 1653, …

37.97.801 YOUTH SHELTER CARE: RELATIONSHIP TO YOUTH CARE FACILITY LICENSURE (REPEALED) Authorizing statute(s): 41-3-1103, 41-3-1142, 52-2-111, MCA Implementing statute(s): 41-3-1142, 52-2-113, MCA History: NEW, 1998 MAR p. 489, Eff. 2/13/98; TRANS, from DFS, 1998 MAR p. 663; REP,…

37.97.805 YOUTH SHELTER CARE: ADMINISTRATION (REPEALED) Authorizing statute(s): 41-3-1103, 41-3-1142, 52-2-111, MCA Implementing statute(s): 41-3-1142, 52-2-113, MCA History: NEW, 1998 MAR p. 489, Eff. 2/13/98; TRANS, from DFS, 1998 MAR p. 663; REP, 2011 MAR p. 387, Eff. 3/25/11.…

37.97.809 YOUTH SHELTER CARE: PROGRAM REQUIREMENTS, CARE AND GUIDANCE (REPEALED) Authorizing statute(s): 41-3-1103, 41-3-1142, 52-2-111, MCA Implementing statute(s): 41-3-1142, 52-2-113, MCA History: NEW, 1998 MAR p. 489, Eff. 2/13/98; TRANS, from DFS, 1998 MAR p. 663; REP, 2011 …

37.97.810 YOUTH SHELTER CARE: PROGRAM REQUIREMENTS, NUTRITION (REPEALED) Authorizing statute(s): 41-3-1103, 41-3-1142, 52-2-111, MCA Implementing statute(s): 41-3-1142, 52-2-113, MCA History: NEW, 1998 MAR p. 489, Eff. 2/13/98; TRANS, from DFS, 1998 MAR p. 663; REP, 2011 MAR p. 3…

37.97.811 YOUTH SHELTER CARE: PROGRAM REQUIREMENTS, EDUCATION (REPEALED) Authorizing statute(s): 41-3-1103, 41-3-1142, 52-2-111, MCA Implementing statute(s): 41-3-1142, 52-2-113, MCA History: NEW, 1998 MAR p. 489, Eff. 2/13/98; TRANS, from DFS, 1998 MAR p. 663; REP, 2011 MAR p. 3…