reglab/statecodes huggingface dataset:
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.96 - RESERVED › Subchapter 37.96.11 - NEW › Rule 37.96.1112 - PROVIDING UNLICENSED OR UNREGISTERED CARE

Current through Register Vol. 13, July 5, 2024
(1) 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:
(a) the department's basis for determining
				unlicensed or unregistered child care is being provided when a license or
				registration is required;
(b) how
				to respond to the department;
(c)
				the law that requires child care to be licensed or registered;
(d) that unlicensed or unregistered child
				care must stop being provided;
(e)
				the consequences of providing unlicensed or unregistered care and the penalties
				that may be imposed; and
(f) how to
				apply for a license or registration and the benefits of licensure or
				registration.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.96 - RESERVED › Subchapter 37.96.11 - NEW › Rule 37.96.1113 - REAPPLICATION AFTER DENIAL, SUSPENSION, OR REVOCATION

Current through Register Vol. 13, July 5, 2024
(1) Applicants who have been denied due to an
				incomplete application may reapply for a license or registration
				immediately.
(2) Individuals or
				legal entities that have had a child care license or registration suspended may
				not reapply for licensure or registration within one year of the
				suspension.
(3) If the suspension
				is contested and upheld after an administrative hearing, the reapplication may
				not be made until one year after the date of the final agency
				decision.
(4) Individuals or legal
				entities that have had a child care license or registration revoked are
				permanently ineligible for licensure, registration, or a staff position at a
				child care facility.
AUTH:
					 52-2-704, MCA; IMP:
					 52-2-704,
					 52-2-723,
					 52-2-731,
					 MCA
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.96 - RESERVED › Subchapter 37.96.11 - NEW › Rule 37.96.1116 - FAIR HEARING

Current through Register Vol. 13, July 5, 2024
(1) 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.
AUTH:
					 52-2-704, MCA; IMP:
					 52-2-704,
					 52-2-723,
					 52-2-726,
					 52-2-731, MCA
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.97 - LICENSURE OF YOUTH CARE FACILITIES › Subchapter 37.97.1 - General Requirements › Rule 37.97.101 - YOUTH CARE FACILITY (YCF): PURPOSE

Current through Register Vol. 13, July 5, 2024
(1)
				These rules establish licensing procedures and licensing requirements for youth
				care facilities.
52-2-111,
					 52-2-603,
					 52-2-622,
					 MCA; IMP,
					 52-2-113,
					 52-2-602,
					 52-2-622,
					 53-2-201,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.97 - LICENSURE OF YOUTH CARE FACILITIES › Subchapter 37.97.1 - General Requirements › Rule 37.97.102 - YOUTH CARE FACILITY (YCF): DEFINITIONS

Current through Register Vol. 13, July 5, 2024
The following definitions apply to all YCF licensing
				  rules:
(1) "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 treatment for the
				youth's medical or psychiatric condition. The use of chemical restraint is
				prohibited in all YCFs.
(2) "Child"
				or "youth" means any person under the age of 18 years, without regard to
				emancipation, except for youth covered by Montana Medicaid programs which allow
				for participation of youth up to the age of 20 years as defined in ARM
				37.87.102,
				and parenting or pregnant youth, up to the age of 21 years, who are placed in a
				child care agency-maternity home.
(3) "Child care agency" means any YCF in
				which substitute care is provided to 13 or more youth.
(4) "Clinical assessment" means an assessment
				with a DSM diagnosis and a social history completed by the mental health
				professional. Clinical assessments include the following information:
(a) diagnosis supported by a rationale, with
				specific behaviors and risk factors identified;
(b) trauma history;
(c) substance use;
(d) presenting problem;
(e) history of problem;
(f) psychiatric history (interventions,
				responses to treatment, medications);
(g) developmental history;
(h) medical history;
(i) social and educational history;
				and
(j) identified strengths and
				needs.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.97 - LICENSURE OF YOUTH CARE FACILITIES › Subchapter 37.97.1 - General Requirements › Rule 37.97.105 - YOUTH CARE FACILITY (YCF): LICENSE REQUIRED

Current through Register Vol. 13, July 5, 2024
(1) Every YCF shall be licensed by the
				department, or responsible tribal authority.
(2) 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 provided in
				41-3-504,
				MCA.
52-2-111,
					 52-2-622,
					 MCA; IMP,
					 52-2-113,
					 52-2-603,
					 52-2-621,
					 52-2-623,
					 53-2-201,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.97 - LICENSURE OF YOUTH CARE FACILITIES › Subchapter 37.97.1 - General Requirements › Rule 37.97.106 - YOUTH CARE FACILITY (YCF): LICENSES

Current through Register Vol. 13, July 5, 2024
(1)
				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
				approved by another state agency.
(a) The
				department shall renew the license annually on the expiration date of the
				previous year's license if:
(i) the YCF makes
				written application for renewal at least 30 days prior to the expiration date
				of its current license; and
(ii)
				the YCF continues to meet all licensing requirements established by these
				rules, as determined by the department after a relicensing survey.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.97 - LICENSURE OF YOUTH CARE FACILITIES › Subchapter 37.97.1 - General Requirements › Rule 37.97.110 - YOUTH CARE FACILITY (YCF): LICENSING PROCEDURES

Current through Register Vol. 13, July 5, 2024
(1) Application for a YCF license must be
				made on an application form provided by the department.
(2) The YCF shall submit all written program
				management policies and procedures to the department for approval with the
				initial application. Policies and procedures must comply with requirements
				outlined in this chapter. The YCF shall submit to the department any
				significant changes to policies and procedures for approval.
(3) Upon receipt of a complete application
				for license or renewal of license, the department shall conduct a licensing
				survey to determine if the applicant meets all applicable licensing
				requirements.
(4) If the department
				determines during the survey that the applicant is out of compliance with the
				applicable licensing requirements, the department will notify the applicant of
				the specific deficiencies or errors, and the applicant shall submit a written
				plan of correction within ten working days of the department's notification of
				noncompliance specifying how compliance will be made.
(5) The department must approve the plan of
				correction prior to issuing a license.
(6) The department shall not issue a license
				or renew a license until it receives all required or corrected
				information.
52-2-111,
					 52-2-603,
					 52-2-622,
					 MCA; IMP,
					 52-2-113,
					 52-2-603,
					 52-2-622,
					 53-2-201,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.97 - LICENSURE OF YOUTH CARE FACILITIES › Subchapter 37.97.1 - General Requirements › Rule 37.97.115 - YOUTH CARE FACILITY (YCF): LICENSE DENIAL, SUSPENSION, RESTRICTION, AND REVOCATION

Current through Register Vol. 13, July 5, 2024
(1) 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 that:
(a) the YCF is not in
				compliance with fire safety standards;
(b) the YCF is not in substantial compliance
				with any other licensing requirements established by this chapter;
(c) the YCF has made any misrepresentations
				to the department, either negligent or intentional, regarding any aspect of its
				operations or facility;
(d) the YCF
				has failed to use the foster care payments for the support of the foster
				child;
(e) the YCF or its staff
				have been named as the perpetrator in a substantiated report of abuse or
				neglect;
(f) the YCF or any member
				of its staff has violated provisions of this subchapter that resulted in child
				abuse or neglect;
(g) the YCF or
				any member of its staff do not meet the requirements in ARM
				37.97.140;
(h) the YCF failed to report an incident of
				abuse or neglect to the department or its local affiliate as required by
				41-3-201,
				MCA;
(i) it is determined on the
				basis of a department or law enforcement investigation that the YCF, its staff
				or anyone living in a YCF may pose any risk or threat to the safety or welfare
				of any youth placed in the YCF; or
(j) the YCF has failed to provide an
				acceptable written plan of correction as specified in ARM
				37.97.110.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.97 - LICENSURE OF YOUTH CARE FACILITIES › Subchapter 37.97.1 - General Requirements › Rule 37.97.118 - YOUTH CARE FACILITY, HEARING PROCEDURES (REPEALED)

Current through Register Vol. 13, July 5, 2024
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; IMP,
					 41-3-503,
					 41-3-1103,
					 41-3-1142,
					 52-2-111,
					 52-2-113,
					 53-2-201,
					 52-2-602,
					 52-2-622,
					 53-4-113,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.97 - LICENSURE OF YOUTH CARE FACILITIES › Subchapter 37.97.1 - General Requirements › Rule 37.97.125 - YOUTH CARE FACILITY: PERSONS AFFECTED BY DEPARTMENT RECORDS (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 41-3-1103,
					 41-3-1142
					 and
					 52-2-111,
					 MCA; IMP, Sec.
					 2-4-201,
					 41-3-1103,
					 41-3-1142
					 and
					 52-2-111,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.97 - LICENSURE OF YOUTH CARE FACILITIES › Subchapter 37.97.1 - General Requirements › Rule 37.97.126 - YOUTH CARE FACILITY (YCF): DISCHARGE

Current through Register Vol. 13, July 5, 2024
(1)
				The YCF must develop and implement written discharge policies and procedures
				that include discharge planning to begin at the time of admission.
(2) Within ten business days of the discharge
				of a youth from the YCF, a discharge report must be completed, and include:
(a) the youth's name, date of birth,
				admission and discharge dates, reason for placement and discharge, the placing
				agent, and/or parent or guardian;
(b) a written summary of services provided,
				including the youth's participation and progress in the program, contact
				information of persons who conducted evaluations of the youth, condition of the
				youth, compliance with YCF policies and procedures, and recommendations
				regarding the youth;
(c) the
				youth's educational status;
(d)
				medical, dental, and psychiatric care received during placement;
(e) follow-up health care required for the
				youth;
(f) current medications,
				dosage taken, number of times per day, and name of prescribing licensed health
				care professional;
(g) youth's
				reaction to discharge and whether or not the discharge was planned or
				unplanned;
(h) youth's continuing
				needs and recommendations for follow-up services for the youth;
(i) an up-to-date inventory of the youth's
				clothing and personal belongings; and
(j) the signature of the staff member who
				prepared the report and the date of preparation.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.97 - LICENSURE OF YOUTH CARE FACILITIES › Subchapter 37.97.1 - General Requirements › Rule 37.97.127 - YOUTH CARE FACILITY (YCF): CASE RECORDS

Current through Register Vol. 13, July 5, 2024
(1)
				A YCF shall maintain a written 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 case record must
				include but is not limited to the following:
(a) the name, sex, and birth date of the
				youth;
(b) the name, address, and
				telephone number of the parent(s) or guardian of the youth;
(i) therapeutic group homes must maintain
				contact information on all known family members and document outreach
				efforts;
(c) date of
				admission and placing agency;
(d)
				if the youth was not living with the youth's parents prior to admission, the
				name, address, telephone number, and relationship to the youth of the person
				with whom the youth was living;
(e)
				date of discharge, reason for discharge, and the name, telephone number, and
				address of the person or agency to which the youth was discharged;
(f) all documents related to the referral of
				the youth to the facility as provided by the placing agency;
(g) current custody and legal guardianship
				documents as provided by the placing agency;
(h) the youth's court status, if
				applicable;
(i) a copy of the
				youth's birth certificate or a written statement of the youth's birth date,
				including the source of this information;
(j) consent forms signed by the parents or
				guardian prior to placement allowing the YCF to authorize all necessary medical
				care, routine tests, immunization, and emergency medical or surgical treatment;
(k) cumulative health records
				including medical history and immunization records as provided by the placing
				agency;
(l) education records and
				reports, including but not limited to, reports cards and individual education
				plan (IEP) reports;
(m) treatment
				or clinical records and reports;
(n) records of special or critical
				incidents;
(o) case plans,
				treatment plans, and related material;
(p) social assessment that is current to date
				of placement; and
(q) an immediate
				needs assessment and assigned responsibilities.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.97 - LICENSURE OF YOUTH CARE FACILITIES › Subchapter 37.97.1 - General Requirements › Rule 37.97.128 - YOUTH CARE FACILITY (YCF): CONFIDENTIALITY OF RECORDS AND INFORMATION

Current through Register Vol. 13, July 5, 2024
(1) 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
				organization except as specified in (2) through (4) of this rule.
(2) All records pertaining to an individual
				youth are available upon request to:
(a) the
				youth's parent, guardian, legal custodian, or attorney absent specific and
				compelling reasons for refusing such records;
(b) a court with continuing jurisdiction over
				the placement of the youth or any court of competent jurisdiction issuing an
				order for such records;
(c) a
				mature youth to whom the records pertain, absent specific and compelling
				reasons for refusing specific records; or
(d) an adult who was formerly the youth in
				care to whom the records pertain absent specific and compelling reasons for
				refusing such records.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.97 - LICENSURE OF YOUTH CARE FACILITIES › Subchapter 37.97.1 - General Requirements › Rule 37.97.130 - YOUTH CARE FACILITY (YCF): REPORTS

Current through Register Vol. 13, July 5, 2024
(1) The
				provider shall agree to submit to the department, upon its request, any reports
				required by federal or state law or regulation.
(2) The YCF shall report any of the following
				changes in writing to the department's licensure bureau, prior to the effective
				date of the change:
(a) a change of
				administrator;
(b) a change in
				location of which the department shall approve prior to the move;
(c) a change in the name of the agency,
				program, or facility; or
(d) any
				significant change in the organization, administration, purposes, programs, or
				services.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.97 - LICENSURE OF YOUTH CARE FACILITIES › Subchapter 37.97.1 - General Requirements › Rule 37.97.132 - YOUTH CARE FACILITY (YCF): GENERAL REQUIREMENTS FOR ALL ADMINISTRATORS, STAFF, INTERNS, AND VOLUNTEERS

Current through Register Vol. 13, July 5, 2024
(1) A YCF must
				have written personnel and program policies and procedures covering the
				following items:
(a) screening procedure for
				all applicants;
(b) job
				qualifications;
(c) job
				descriptions;
(d) supervisory
				structure; and
(e) performance
				evaluations.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.97 - LICENSURE OF YOUTH CARE FACILITIES › Subchapter 37.97.1 - General Requirements › Rule 37.97.135 - YOUTH CARE FACILITY (YCF): QUALITY ASSESSMENT

Current through Register Vol. 13, July 5, 2024
(1) 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:
(a)
				conducting youth satisfaction surveys at least annually which are maintained
				and filed at the facility;
(b)
				maintaining records on the occurrence, duration, and frequency of physical
				restraints used; and
(c) reviewing,
				on an ongoing basis, serious incident reports, grievances, complaints,
				medication errors, and the use of physical restraints with special attention
				given to identifying patterns and making necessary changes in how services are
				provided.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.97 - LICENSURE OF YOUTH CARE FACILITIES › Subchapter 37.97.1 - General Requirements › Rule 37.97.136 - YOUTH CARE FACILITY (YCF): CHILD ABUSE OR NEGLECT AND SERIOUS INCIDENTS

Current through Register Vol. 13, July 5, 2024
(1) 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
				report all known or suspected incidents of child abuse or neglect of any youth
				to the department within 24 hours.
(2) Any YCF staff member or employee who
				knows or has reasonable cause to suspect that an incident of child abuse or
				neglect has occurred shall report within 24 hours of the incident to the YCF
				administrator, or a person designated by the YCF administrator, and to the
				state child abuse hotline (866) 820-5437 as required in
				41-3-201, MCA.
				The YCF shall fully cooperate with any investigation conducted as a result of
				the report.
(3) A therapeutic group
				home must report abuse or neglect to the Mental Disabilities Board of Visitors
				as required in
				53-21-107,
				MCA.
(4) Each YCF shall have
				written policies and procedures for handling any suspected incident of child
				abuse or neglect, including but not limited to:
(a) a procedure for ensuring that the staff
				member suspected does not continue to provide direct care until an
				investigation is completed;
(b) a
				procedure for developing a safety plan approved by the department which
				protects the youth and staff until the investigation is complete;
(c) a procedure for taking appropriate
				disciplinary measures against any staff member involved in an incident of child
				abuse or neglect, including but not limited to:
(i) termination of employment;
(ii) retraining of the staff member;
				or
(iii) any other appropriate
				action by the YCF geared towards the prevention of future incidents of child
				abuse or neglect.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.97 - LICENSURE OF YOUTH CARE FACILITIES › Subchapter 37.97.1 - General Requirements › Rule 37.97.140 - YOUTH CARE FACILITY (YCF): STAFF BACKGROUND CHECKS

Current through Register Vol. 13, July 5, 2024
(1) 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 Bureau of Investigation. Results of the
				fingerprint-based background check must be documented prior to working in the
				YCF.
(2) All administrators, staff,
				volunteers, interns, and any adult working in the YCF must complete a Montana
				Department of Public Health and Human Services child protective services
				background check, and if applicable, a tribal child protective services
				background check and a tribal criminal background check prior to working in the
				YCF.
(a) If an applicant has lived outside
				the state within the past five years, the YCF must complete background checks
				in every state that the applicant has resided in within the past five
				years.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.97 - LICENSURE OF YOUTH CARE FACILITIES › Subchapter 37.97.1 - General Requirements › Rule 37.97.141 - YOUTH CARE FACILITY (YCF): YOUTH TO AWAKE STAFF RATIOS

Current through Register Vol. 13, July 5, 2024
(1) The following ratio must be followed:
(a) the youth to awake staff ratio of a youth
				group home shall be no more than 8:1 at all times; and
(b) the youth to awake staff ratio of a youth
				shelter care facility shall be no more than 8:1 at all times.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.97 - LICENSURE OF YOUTH CARE FACILITIES › Subchapter 37.97.1 - General Requirements › Rule 37.97.142 - YOUTH CARE FACILITY (YCF): STAFF TRAINING

Current through Register Vol. 13, July 5, 2024
(1) A YCF shall have written policies,
				procedures, and initial and ongoing training curriculum that meet the minimum
				requirements in this rule.
(2)
				Providers shall assure adequate and timely training to ensure the safety of
				youth in care.
(3) All direct care
				staff shall complete a minimum of 24 hours of orientation training consisting
				of the following minimum requirements:
(a) an
				overview of the YCF's policy, procedures, organization, and services;
(b) mandatory child abuse
				reporting laws;
(c) behavioral
				management techniques;
(d) fire
				safety, including emergency evacuation routes;
(e) confidentiality;
(f) suicide prevention;
(g) emergency medical procedures;
(h) report writing including the development
				and maintenance of logs and journals;
(i) youth rights as outlined in ARM
				37.97.159;
				and
(j) hours required for on the
				job training.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.97 - LICENSURE OF YOUTH CARE FACILITIES › Subchapter 37.97.1 - General Requirements › Rule 37.97.145 - YOUTH CARE FACILITY (YCF): ADMISSIONS

Current through Register Vol. 13, July 5, 2024
(1)
				Each YCF shall admit only those youth for whom it has an operational program
				and who meet its admissions policies.
(2) Each YCF shall have a policy for
				screening all referrals. This policy must include procedures for accepting
				emergency placements.
(3) Each YCF
				shall have and follow written admissions policies and procedures which include
				but are not limited to the following requirements:
(a) age, sex, and behavioral and/or emotional
				needs of youth served;
(b) a
				description of the intake process for youth at admission; and
(c) a description of the orientation provided
				to the youth.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.97 - LICENSURE OF YOUTH CARE FACILITIES › Subchapter 37.97.1 - General Requirements › Rule 37.97.146 - YOUTH CARE FACILITY (YCF): PLACEMENT AGREEMENTS

Current through Register Vol. 13, July 5, 2024
(1) 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 agency that meets the requirements in (2).
(2) The placement agreement must contain the
				terms of the youth's placement, the responsibilities of the YCF, the placing
				agency's responsibilities, and when appropriate, the parent's or guardian's
				responsibilities.
(3) No youth from
				out of state shall be accepted into the YCF without the approval of the
				interstate compact administrator pursuant to Title 41, chapter 4, part 1,
				MCA.
(4) Placement agreements do
				not expressly or implicitly modify or supersede any other agreement between the
				provider and the department, and are not sufficient as written agreements to
				modify any other agreement between the provider and the department. All
				modifications of those other agreements must be in writing.
(5) An exception to the placement agreement
				requirement may be granted until custody for youth placed under runaway grant
				funding has been determined.
52-2-111,
					 52-2-603,
					 52-2-622,
					 MCA; IMP,
					 52-2-113,
					 52-2-603,
					 52-2-622,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.97 - LICENSURE OF YOUTH CARE FACILITIES › Subchapter 37.97.1 - General Requirements › Rule 37.97.147 - YOUTH CARE FACILITY (YCF): YOUTH ORIENTATION

Current through Register Vol. 13, July 5, 2024
(1) 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) a procedure for ensuring that each youth
				receives a personal orientation to the YCF as soon as appropriate, but not
				later than 24 hours after admission;
(b) inventory of each youth's
				belongings;
(c) behavioral
				expectations;
(d) information on
				privilege systems;
(e) discipline
				policy;
(f) health and safety
				procedures;
(g) YCF
				rules;
(h) information on the YCF's
				search policies; and
(i) emergency
				evacuation procedures, including escape routes.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.97 - LICENSURE OF YOUTH CARE FACILITIES › Subchapter 37.97.1 - General Requirements › Rule 37.97.148 - YOUTH CARE FACILITY (YCF): CASE PLAN

Current through Register Vol. 13, July 5, 2024
(1)
				Each YCF must 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.
(2) The case plan
				must include but is not limited to the following:
(a) the youth's physical and medical needs;
(b) behavior management issues;
(c) mental health services when
				appropriate;
(d) the service goals
				with corresponding time frames, placement goals, discharge plans, estimated
				discharge date, and follow-up services;
(e) education plans;
(f) measurable goals and objectives;
(g) the responsibilities of the
				youth, staff, and custodial parent or guardian for meeting the goals and
				objectives ; and
(h) identification
				of all treatment members.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.97 - LICENSURE OF YOUTH CARE FACILITIES › Subchapter 37.97.1 - General Requirements › Rule 37.97.152 - YOUTH CARE FACILITY (YCF): PHYSICAL CARE

Current through Register Vol. 13, July 5, 2024
(1)
				Every youth shall have access to the services of at least one licensed health
				care professional as defined in
				50-5-101,
				MCA.
(2) Medical, dental,
				psychiatric, psychological care, and counseling services will be arranged for
				youth as needed.
(3) If a youth has
				not received a complete physical examination within a year prior to placement,
				within 30 days after admission to the facility the YCF shall arrange for the
				youth to have a complete physical examination and annually
				thereafter.
(4) If a youth has not
				had a dental examination within a year prior to placement, the YCF shall
				arrange for the youth to have a dental examination within 90 days after
				admission. All necessary dental work must be done and checkups must be arranged
				for the youth at least annually.
(5) If a youth has not had an eye examination
				within a year prior to placement, the YCF shall arrange for the youth to have
				an eye examination within 90 days after admission. All necessary checkups must
				be arranged for the youth at least annually.
(6) Provisions for treatment of diseases,
				remedial defects or deformities, and malnutrition must be made by the provider
				immediately upon the licensed health care professional's recommendation with
				notification to the placing agency and parent or guardian.
52-2-111,
					 52-2-603,
					 52-2-622,
					 MCA; IMP,
					 52-2-113,
					 52-2-603,
					 52-2-622,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.97 - LICENSURE OF YOUTH CARE FACILITIES › Subchapter 37.97.1 - General Requirements › Rule 37.97.153 - YOUTH CARE FACILITY (YCF): MEDICATION STORAGE AND ADMINISTRATION

Current through Register Vol. 13, July 5, 2024
(1) A YCF shall have and follow written
				policies and procedures regarding the storage, administration, and disposal of
				prescription, nonprescription, and over-the-counter medication.
(2) All medication must be kept in a locked
				nonportable container, stored in its original container with the original
				prescription label. For medications taken on outings, all medication must be in
				the possession of a staff member trained to assist with the self-administration
				of medications.
(3) Staff who
				assist with self-administration must be trained to assistin proper medication
				procedures. Training must be documented in each staff member's personnel
				file.
(4) All prescription
				medications must be ordered by licensed health care professionals working
				within the scope of their practice. All prescription orders must contain the
				dosage to be given.
(5)
				Psychotropic medication is prohibited unless a licensed health care
				professional working within the scope of that professional's practice
				determines that the medications are clinically indicated.
(6) Under no circumstances may psychotropic
				or any other prescription or over-the-counter medication be given for
				disciplinary purposes, for the convenience of the staff, or as a substitute for
				other appropriate treatment services.
(7) A written record of all medications
				self-administered by a youth must be maintained. The record must include but is
				not limited to:
(a) youth's name;
(b) name and dosage of the
				medication;
(c) the date and time
				the medication was taken or was refused by the youth;
(d) name of the staff member who assisted in
				the self-administration of the medication; and
(e) documentation of any medication errors,
				results of errors, and any effects observed.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.97 - LICENSURE OF YOUTH CARE FACILITIES › Subchapter 37.97.1 - General Requirements › Rule 37.97.154 - YOUTH CARE FACILITY (YCF): CARE AND GUIDANCE

Current through Register Vol. 13, July 5, 2024
(1) A YCF shall provide to each youth
				sufficient staff to ensure:
(a) appropriate
				care, supervision, safety, treatment, and guidance;
(b) opportunities for educational, social,
				and cultural growth through suitable reading materials, toys, activities, and
				equipment; and
(c) opportunities to
				associate with peer groups in school and community settings.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.97 - LICENSURE OF YOUTH CARE FACILITIES › Subchapter 37.97.1 - General Requirements › Rule 37.97.155 - YOUTH CARE FACILITY (YCF): NUTRITION

Current through Register Vol. 13, July 5, 2024
(1)
				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.
(2) Special diets must be provided for youth
				as ordered in writing by a licensed health care professional. Such orders must
				be kept on file by the YCF.
(3)
				Copies of menus of the food actually served must be kept on file for one month
				and be available for inspection.
(4) All food must be transported, stored,
				covered, prepared, and served in a sanitary manner.
(5) Use of home canned products is prohibited
				unless the product has been commercially approved.
(6) Hands must be washed with warm water and
				soap before the handling of food.
52-2-111,
					 52-2-603,
					 52-2-622,
					 MCA; IMP,
					 52-2-113,
					 52-2-603,
					 52-2-622,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.97 - LICENSURE OF YOUTH CARE FACILITIES › Subchapter 37.97.1 - General Requirements › Rule 37.97.156 - YOUTH CARE FACILITY (YCF): PERSONAL NEEDS

Current through Register Vol. 13, July 5, 2024
(1) 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.
(2)
				Youth shall have some choice in the selection of their clothing.
(3) A YCF shall provide necessary supplies
				and train youth in personal care, hygiene, and grooming.
52-2-111,
					 52-2-603,
					 52-2-622,
					 MCA; IMP,
					 52-2-113,
					 52-2-603,
					 52-2-622,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.97 - LICENSURE OF YOUTH CARE FACILITIES › Subchapter 37.97.1 - General Requirements › Rule 37.97.159 - YOUTH CARE FACILITY (YCF): YOUTH RIGHTS

Current through Register Vol. 13, July 5, 2024
(1)
				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:
(a) freedom from abuse, neglect, and
				unnecessary physical restraint;
(b)
				educational services in accordance with Montana state law, if the YCF operates
				during the school year;
(c)
				recognition and respect in the delivery of services;
(d) receive care according to individual
				need;
(e) personal privacy, when it
				is not contrary to the treatment and safety of the youth;
(f) family contact by mail and phone, as long
				as the contact is not contrary to the treatment and safety needs of the youth;
				and
(g) consideration of the
				youth's opinions and recommendations when developing the youth's case plan with
				documentation of the youth's input.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.97 - LICENSURE OF YOUTH CARE FACILITIES › Subchapter 37.97.1 - General Requirements › Rule 37.97.160 - YOUTH CARE FACILITY (YCF): RELIGION AND CULTURE

Current through Register Vol. 13, July 5, 2024
(1) The YCF shall have written policies and
				procedures on how the youth's individual religious and cultural beliefs will be
				addressed.
(2) The YCF shall
				provide youth with a reasonable opportunity to practice their respective
				religions. Youth must be permitted to have reasonable access to religious
				materials of their choice. If reasonable access is denied, the YCF must have
				documentation of the specific reasons for the denial.
(3) The YCF shall document its efforts in
				providing opportunity and encouragement to each youth to identify with the
				youth's cultural heritage.
52-2-111,
					 52-2-603,
					 52-2-622,
					 MCA; IMP,
					 52-2-113,
					 52-2-603,
					 52-2-622,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.97 - LICENSURE OF YOUTH CARE FACILITIES › Subchapter 37.97.1 - General Requirements › Rule 37.97.161 - YOUTH CARE FACILITY (YCF): PRIVACY AND INDIVIDUALISM

Current through Register Vol. 13, July 5, 2024
(1) A YCF shall allow youth to have
				privacy.
(2) 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 symbols
				of the youth's identity.
(3) Each
				youth must be provided with access to a quiet area where the youth can be alone
				when appropriate.
52-2-111,
					 52-2-603,
					 52-2-622,
					 MCA; IMP,
					 52-2-113,
					 52-2-603,
					 52-2-622,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.97 - LICENSURE OF YOUTH CARE FACILITIES › Subchapter 37.97.1 - General Requirements › Rule 37.97.162 - YOUTH CARE FACILITY (YCF): MONEY

Current through Register Vol. 13, July 5, 2024
(1) 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.
(2) If the YCF is partly
				supported by institutional production on a commercial basis, the YCF shall
				comply with state and federal child labor and minimum wage laws.
52-2-111,
					 52-2-603,
					 52-2-622,
					 MCA; IMP,
					 52-2-113,
					 52-2-603,
					 52-2-622,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.97 - LICENSURE OF YOUTH CARE FACILITIES › Subchapter 37.97.1 - General Requirements › Rule 37.97.163 - YOUTH CARE FACILITY (YCF): YOUTH TRAINING AND EMPLOYMENT

Current through Register Vol. 13, July 5, 2024
(1) For youth age 16 and older a YCF may
				assist in:
(a) preparing youth for economic
				independence;
(b) referring youth
				to the appropriate independent living program; and
(c) opportunity to obtain the skills
				necessary for employment as determined to be appropriate to meet the
				individual's needs. Such skills include but are not limited to:
(i) completing applications;
(ii) personal appearances for employment
				situations;
(iii) attitudes toward
				employment; and
(iv) interviewing
				for jobs.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.97 - LICENSURE OF YOUTH CARE FACILITIES › Subchapter 37.97.1 - General Requirements › Rule 37.97.164 - YOUTH CARE FACILITY (YCF): EDUCATION

Current through Register Vol. 13, July 5, 2024
(1)
				A YCF shall provide access to an educational program appropriate to the needs
				of each youth and comply with state school attendance laws.
(2) A YCF licensed as a youth shelter care
				facility shall assure that each youth is offered an appropriate educational
				program and make a reasonable effort to comply with state school attendance
				laws.
(3) The youth shelter care
				facility shall provide a day program plan for youth who will not be enrolled in
				the school system.
52-2-111,
					 52-2-603,
					 52-2-622,
					 MCA; IMP,
					 52-2-113,
					 52-2-603,
					 52-2-622,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.97 - LICENSURE OF YOUTH CARE FACILITIES › Subchapter 37.97.1 - General Requirements › Rule 37.97.165 - YOUTH CARE FACILITY (YCF): RECREATION

Current through Register Vol. 13, July 5, 2024
(1)
				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,
				interests, and abilities.
52-2-111,
					 52-2-603,
					 52-2-622,
					 MCA; IMP,
					 52-2-113,
					 52-2-603,
					 52-2-622,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.97 - LICENSURE OF YOUTH CARE FACILITIES › Subchapter 37.97.1 - General Requirements › Rule 37.97.170 - YOUTH CARE FACILITIES (YCF): TIME-OUT

Current through Register Vol. 13, July 5, 2024
(1)
				A YCF must develop a written time-out policy and procedures which clearly
				provide:
(a) length of time the youth may
				remain in time-out which must be age appropriate;
(b) guidelines for staff observation of the
				youth when in time-out;
(c)
				documentation required for each time-out that is directed by staff;
(d) purpose of time-out; and
(e) staff training pertaining to the use of
				time-out.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.97 - LICENSURE OF YOUTH CARE FACILITIES › Subchapter 37.97.1 - General Requirements › Rule 37.97.171 - YOUTH CARE FACILITY (YCF): BEHAVIOR MANAGEMENT POLICIES

Current through Register Vol. 13, July 5, 2024
(1) 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 discipline, therapeutic de-escalation in crisis situations,
				crisis intervention and physical restraint, and time-out. Behavior management
				must be based on an individual assessment of each youth's needs, stage of
				development, and behavior. It must be designed with the goal of teaching youth
				to manage their own behavior, and be based on the concept of providing
				effective treatment by the least restrictive means.
(2) The behavior management policies and
				procedures must prohibit:
(a) the use of
				physical force, mechanical, chemical, or physical restraint as
				discipline;
(b) pain compliance,
				aversive conditioning, and use of pressure point techniques;
(c) placing of anything in or on a youth's
				mouth;
(d) cruel or excessive
				physical exercise, prolonged positions, or work assignments that produce
				unreasonable discomfort;
(e) verbal
				abuse, ridicule, humiliation, profanity, and other forms of degradation
				directed at a youth or a youth's family;
(f) physical discipline of any means
				including but not limited to hitting, shaking, biting, or pinching;
(g) locked confinement or
				seclusion;
(h) withholding of
				necessary food, water, clothing, shelter, bedding, rest, medications as
				prescribed, medical care, or toilet use;
(i) denial of visits or communication with
				the youth's family as punishment or discipline. Denial of visits or
				communication with the youth's family must be in collaboration with the youth's
				placing agent or by court order;
(j) isolation as punishment; and
(k) any other form of punishment or
				discipline which subjects a youth to pain, humiliation, or unnecessary
				isolation or restraint.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.97 - LICENSURE OF YOUTH CARE FACILITIES › Subchapter 37.97.1 - General Requirements › Rule 37.97.175 - YOUTH CARE FACILITY (YCF): SEARCHES

Current through Register Vol. 13, July 5, 2024
(1)
				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
				reasonable cause for the search must be documented in the youth's
				file.
(2) Youth may not be
				subjected to any search except as follows:
(a) there is reasonable cause to believe that
				the search will result in discovery of contraband;
(b) there is reasonable cause to believe that
				the search is necessary to alleviate a threat of harm to the youth, other
				youths, or staff; or
(c) there is a
				court order/parole order in the youth's case record allowing for
				searches.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.97 - LICENSURE OF YOUTH CARE FACILITIES › Subchapter 37.97.1 - General Requirements › Rule 37.97.176 - YOUTH CARE FACILITY (YCF): CONTRABAND

Current through Register Vol. 13, July 5, 2024
(1)
				A YCF shall define prohibited contraband in a written policy.
(2) Law enforcement must be notified as
				appropriate when illegal contraband is discovered.
(3) All contraband that is not illegal must
				be returned to the youth's parent or guardian, or destroyed in accordance with
				the YCF's contraband policy. When contraband is disposed of, at least two staff
				members must be present and the disposal must be documented in the youth's case
				record.
(4) If contraband that is
				not illegal is stored by the YCF, the YCF shall have written policies clearly
				outlining the storing procedure.
52-2-111,
					 52-2-603,
					 52-2-622,
					 MCA; IMP,
					 52-2-113,
					 52-2-603,
					 52-2-622,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.97 - LICENSURE OF YOUTH CARE FACILITIES › Subchapter 37.97.1 - General Requirements › Rule 37.97.177 - YOUTH CARE FACILITY (YCF): SAFETY

Current through Register Vol. 13, July 5, 2024
(1) A
				YCF shall have and follow appropriate written policies and procedures on safety
				and equipment.
(2) There must be a
				first aid kit with sufficient supplies available at all times. A first aid kit
				must:
(a) be readily available on site as
				well as in all vehicles used by the YCF;
(b) meet the standards of an appropriate
				national organization for the activity being conducted and the location and
				environment being used;
(c) be
				reviewed with new staff for contents and use; and
(d) be inventoried on a quarterly
				basis.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.97 - LICENSURE OF YOUTH CARE FACILITIES › Subchapter 37.97.1 - General Requirements › Rule 37.97.178 - YOUTH CARE FACILITY (YCF): EMERGENCY AND EVACUATION PLANS

Current through Register Vol. 13, July 5, 2024
(1) 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, hostage situations, casualties, missing youth, and other
				serious incidents identified by the YCF.
(2) The emergency plan must, at a minimum,
				include:
(a) designation of authority and
				staff assignment;
(b) a specific
				evacuation plan;
(c) provisions for
				transportation and relocation of YCF participants when necessary;
(d) provisions for supervision of youth after
				an evacuation or relocation;
(e)
				provisions for the instruction of all participants on how to respond in the
				case of an emergency; and
(f)
				provisions for arranging medical care and notifying a youth's licensed health
				care professional, placing agent, and parent or guardian.