Montana Administrative Code

37.97.815 YOUTH SHELTER CARE: PROGRAM REQUIREMENTS, RELIGION AND CULTURE (REPEALED) Authorizing statute(s): 41-3-1103, 41-3-1142, 52-2-111, MCA Implementing statute(s): 41-3-1142, 52-2-113, MCA History: NEW, 1998 MAR p. 489, Eff. 2/13/98;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, 20…

37.97.816 YOUTH SHELTER CARE: PROGRAM REQUIREMENTS, PERSONAL NEEDS (REPEALED) Authorizing statute(s): 41-3-1103, 41-3-1142, 52-2-111, MCA Implementing statute(s): 41-3-1142, 52-2-113, MCA History: NEW, 1998 MAR p. 489, Eff. 2/13/98;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…

37.97.817 YOUTH SHELTER CARE: PROGRAM REQUIREMENTS, PRIVACY AND INDIVIDUALISM (REPEALED) Authorizing statute(s): 41-3-1103, 41-3-1142, 52-2-111, MCA Implementing statute(s): 41-3-1142, 52-2-113, MCA History: NEW, 1998 MAR p. 489, Eff. 2/13/98;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; RE…

37.97.820 YOUTH SHELTER CARE: PROGRAM REQUIREMENTS, SEARCHES (REPEALED) Authorizing statute(s): 41-3-1103, 41-3-1142, 52-2-111, MCA Implementing statute(s): 41-3-1142, 52-2-113, MCA History: NEW, 1998 MAR p. 489, Eff. 2/13/98;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. 38…

37.97.821 YOUTH SHELTER CARE: PROGRAM REQUIREMENTS, MONEY (REPEALED) Authorizing statute(s): 41-3-1103, 41-3-1142, 52-2-111, MCA Implementing statute(s): 41-3-1142, 52-2-113, MCA History: NEW, 1998 MAR p. 489, Eff. 2/13/98;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, …

37.97.822 YOUTH SHELTER CARE: PROGRAM REQUIREMENTS, TRAINING AND EMPLOYMENT (REPEALED) Authorizing statute(s): 41-3-1103, 41-3-1142, 52-2-111, MCA Implementing statute(s): 41-3-1142, 52-2-113, MCA History: NEW, 1998 MAR p. 489, Eff. 2/13/98;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,…

37.97.825 YOUTH SHELTER CARE: PROGRAM REQUIREMENTS, DISCIPLINE (REPEALED) Authorizing statute(s): 41-3-1103, 41-3-1142, 52-2-111, MCA Implementing statute(s): 41-3-1142, 52-2-113, MCA History: NEW, 1998 MAR p. 489, Eff. 2/13/98;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. …

37.97.830 YOUTH SHELTER CARE: PROGRAM REQUIREMENTS, YOUTH ORIENTATION (REPEALED) Authorizing statute(s): 41-3-1103, 41-3-1142, 52-2-111, MCA Implementing statute(s): 41-3-1142, 52-2-113, MCA History: NEW, 1998 MAR p. 489, Eff. 2/13/98;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 …

37.97.831 YOUTH SHELTER CARE: PHYSICAL CARE (REPEALED) Authorizing statute(s): 41-3-1103, 41-3-1142, 52-2-111, MCA Implementing statute(s): 41-3-1142, 52-2-113, MCA History: NEW, 1998 MAR p. 489, Eff. 2/13/98;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.…

37.97.832 YOUTH SHELTER CARE: ENVIRONMENT (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.…

37.97.833 YOUTH SHELTER CARE: FIRE SAFETY (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.…

37.97.836 YOUTH SHELTER CARE: TRANSPORTATION (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.…

37.97.837 YOUTH SHELTER CARE: GUNS AND AMMUNITION (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. 3/2…

37.97.838 YOUTH SHELTER CARE: STAFF (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.

37.97.842 YOUTH SHELTER CARE: PLACEMENT AGREEMENTS (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/…

37.97.843 YOUTH SHELTER CARE: CASE RECORDS (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.…

37.97.903 THERAPEUTIC GROUP HOMES (TGH): STAFFING In addition to the requirements specified in ARM 37.97.141, TGH providers must meet staffing requirements specified in this rule to provide a therapeutic environment and treatment interventions identified in the youth's individual…

37.97.905 THERAPEUTIC GROUP HOMES (TGH): CLINICAL ASSESSMENT A TGH must develop written policies and procedures to implement a trauma informed treatment model designed to address the identified emotional, behavioral, and clinical needs of the youth. The mental health professional…

37.97.906 THERAPEUTIC GROUP HOMES (TGH): THERAPEUTIC SERVICE REQUIREMENTS The TGH must provide therapeutic services to all youth. Therapeutic services include therapy and therapeutic interventions. The purpose of therapeutic services is to: reduce the impairment of the youth's me…

37.97.907 THERAPEUTIC GROUP HOMES (TGH): TREATMENT PLAN A TGH must develop and implement a treatment plan for each youth in care based on the results of the clinical assessment. The initial treatment plan must be developed within 10 business days of admission and include: names o…

37.98.1001 EMERGENCY AND EVACUATION PLANS A program shall have and follow a written emergency plan developed in conjunction with emergency services in the community which provides specific procedures for evacuations, disasters, medical emergencies, hostage situations, casualties,…

37.98.1003 HEALTH CARE Medical, dental, psychiatric, psychological, chemical dependency care and counseling must be obtained for the youth as needed. Each youth in care must receive an annual physical examination. Each youth in care must receive an annual dental examination. Prov…

37.98.1004 INFECTION CONTROL Each program shall provide, develop and implement an effective infection prevention and control program. The program must develop policies and procedures to evaluate all factors, including, although not limited to, risk evaluations, education and TB s…

37.98.1005 MEDICATION STORAGE AND ADMINISTRATION A program shall have and follow policies and procedures regarding the storage, administration and disposal of prescription and nonprescription medication. Prescription and nonprescription medication must be stored under lock and ke…

37.98.1010 SAFETY POLICY A program shall have appropriate written safety procedures and equipment. Each youth must have instruction on environmental hazards and precautions. There must be a first aid kit with sufficient supplies available at all times. A kit must: be readily avai…

37.98.1016 TRANSPORTATION Any person transporting youth must possess a valid Montana driver's license for the type of vehicle used in transporting the youth. Any person transporting youth must comply with applicable traffic laws while transporting youth. The vehicle used in trans…

37.98.102 DEFINITIONS The following definitions apply to this subchapter: "Administrative office" means the office where business operations, public relations and management procedures take place. "Administrator" means the person designated on the facility application or by writt…

37.98.1201 THERAPEUTIC TREATMENT PROGRAM A program shall provide therapeutic treatment to youth. A program shall appoint one or more lead clinical staff (LCS) members from the licensed mental health professionals of the program as professional staff. Each LCS shall be responsible…

37.98.1202 SOCIAL SERVICES A program shall employ an adequate number of trained professionals to provide the following services for each youth in care: plan for a youth's admission, coordinate the case plan, negotiate for the necessary resources for the youth, and prepare the you…

37.98.1203 CARE AND GUIDANCE A program shall provide to each youth in the program the following: appropriate personal care, supervision and attention; opportunities for educational, social and cultural growth through suitable reading materials, toys, activities and equipment; and…

37.98.1204 NUTRITION A program shall serve 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 diets must be provided for youths as o…

37.98.1208 RELIGION AND CULTURE The program shall provide youth with a reasonable opportunity to practice their respective religions. Youth must be permitted to have religious materials of their choice. The program shall document giving encouragement and opportunity to each youth…

37.98.1209 PERSONAL NEEDS The program shall assure that each youth has his or her own clothing suitable to the youth's age and size and comparable to the clothing of other youth in the community. Youth must have some choice in the selection of their clothing. A program shall prov…

37.98.1210 PRIVACY AND INDIVIDUALISM A program shall allow youth to have privacy. A program shall provide a separate bed, separate storage space for clothing and personal articles, and a place for each youth to display his or her socially appropriate creative works and symbols of…

37.98.1215 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 program funds. If the program is partly supported by institutional production on a commercial basis, compliance with sta…

37.98.1216 TRAINING AND EMPLOYMENT For youth age 16 and older a program may assist in: preparing youth for economic independence; and obtaining the skills necessary for employment as determined to be appropriate to meet the individual's needs. Such skills include: completing appl…

37.98.1220 YOUTH ORIENTATION A program shall have a written orientation policy for admission to the program including: a procedure for ensuring that each youth receives a personal orientation to the program as soon as appropriate but not later than 12 hours after admission; inven…

37.98.1221 PLACEMENT AGREEMENTS When a youth is admitted to a program, the program shall enter into a written placement agreement with the placing agency. The placement agreement must set forth the terms of the youth's placement, the responsibilities of the program, the placing a…

37.98.1225 EDUCATION A program shall provide an educational program appropriate to the needs of each youth and in compliance with compulsory school attendance laws. However, no youth shall receive special education services until a child study team (CST) has performed an appropri…

37.98.1226 RECREATION The program may have an on grounds recreation program that is operated by the program's staff. However, when available, the program shall provide the youth access to community recreation and cultural events when they are appropriate to the youth's needs, int…

37.98.1503 RESIDENTIAL OUTDOOR SERVICES: FIRE SAFETY REQUIREMENTS Residential outdoor services programs shall comply with all fire, life safety, and building regulations as determined by the local building official and fire authority for all buildings serving youth. Residential o…

37.98.1504 RESIDENTIAL OUTDOOR SERVICES: WATER A residential outdoor services program shall provide an adequate and potable supply of water. The residential outdoor services program shall: connect to a public water supply system approved by the Montana Department of Environmental…

37.98.1505 RESIDENTIAL OUTDOOR SERVICES: SEWAGE AND WASTE DISPOSAL To ensure sewage is safely disposed of, the residential outdoor services program shall either: connect to a public sewer approved by the Montana department of environmental quality; or connect to a private septic …

37.98.1506 RESIDENTIAL OUTDOOR SERVICES: PHYSICAL ENVIRONMENT A residential outdoor services program shall provide a minimum of 10 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 foo…

37.98.1701 OUTDOOR BEHAVIORAL PROGRAM: HIGH ADVENTURE GENERAL REQUIREMENTS High adventure activities may include the following: target sports; aquatics; hiking; adventure challenge courses; climbing and rappelling; all season camping; soloing; spelunking; expeditioning; swimming …

37.98.1703 HIGH ADVENTURE REQUIREMENTS: SWIMMING All swimming activities must be supervised by a swimming supervisor who, at a minimum, holds a current American red cross life guard training certificate or equivalent, such as a YMCA or boy scout aquatics instructor's certificate.…

37.98.1705 HIGH ADVENTURE REQUIREMENTS: BOATING, CANOEING, SAILING, TUBING, KAYAKING AND WHITE WATER RAFTING All boating, canoeing, sailing, tubing, kayaking and white water rafting activities must be supervised by a boating supervisor meeting the following qualifications: a curr…

37.98.1707 HIGH ADVENTURE REQUIREMENTS: ARCHERY All archery activities must be supervised by an experienced archery supervisor. The archery range must be free from hazards and well marked. There must be a clear path to the target which is not obstructed by such things as rocks, t…

37.98.1709 HIGH ADVENTURE REQUIREMENTS: HORSEBACK RIDING All horseback riding activities must be supervised by a horseback riding supervisor who must have at least one of the following: a certificate from a nationally recognized horseback riding organization or riding school; or …

37.98.1711 HIGH ADVENTURE REQUIREMENTS: TRAMPOLINE All trampoline activities must be supervised by a trampoline supervisor who shall have documented formal training and experience in the use of trampoline and be knowledgeable about safety and spotting techniques. Trampolines must…