Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.100 - LICENSURE OF COMMUNITY RESIDENCES › Subchapter 37.100.1 - Adult Foster Care Homes › Rule 37.100.102 - ADULT FOSTER CARE HOMES (AFCH): DEFINITIONS

Current through Register Vol. 13, July 5, 2024
(1) "Abuse" means any willful, negligent, or
				reckless mental, physical, sexual, or verbal mistreatment, or the
				misappropriation of personal property of any person receiving care in an
				AFCH.
(2) "AFCH" means a private
				home or other facility that offers, except as provided in
				50-5-216,
				MCA and ARM
				37.100.136, only light personal
				care, custodial care, and supervision to four or fewer disabled adults, or aged
				persons who are not related to the owner or manager of the home by blood,
				marriage, adoption, or who are not under full guardianship of the owner or
				manager.
(3) "Aged person" means a
				person who is at least 60 years old.
(4) "Applicant" means a person who is
				applying for an AFCH license.
(5)
				"Case plan" means a document created by the resident's case manager, or a
				representative from a placement agency which identifies supports and services
				that are necessary for the resident to achieve independence, dignity, and
				personal fulfillment while in the AFCH.
(6) "Custodial care" means providing a
				sheltered, family-type setting for an aged person or disabled adult to provide
				for the basic needs of food and shelter and having a specific person available
				to help the adult meet these basic needs.
(7) "Department" means the Department of
				Public Health and Human Services.
(8) "Disabled adult" means a person 18 years
				of age or older who has been determined to be disabled as defined by ARM
				37.100.302,
				37.100.402, and
				37.86.3503.
(9) "Exploitation" means an act taken by a
				person who has the trust of an AFCH resident to obtain control of or to divert
				to the advantage of another, the ownership, use, benefit, or possession of the
				resident's money, assets, or property by means of deception, duress, menace,
				fraud, undue influence, or intimidation with the intent or result of depriving
				the AFCH resident of the ownership, use, benefit, or possession of his or her
				money, assets, or property.
(10)
				"Incident report" means a written report documenting an unusual occurrence,
				accident, or illness involving a resident.
(11) "License" means the document issued by
				the department that authorizes a person to operate an AFCH.
(12) "Light personal care" means assisting
				the aged person or disabled adult in accomplishing such personal hygiene tasks
				as bathing, dressing, hair grooming, and supervision of self-medication.
(a) "Assisting" means supervision of the
				resident in personal hygiene tasks with only occasional "hands on"
				assistance.
(b) "Supervision" means
				guidance of a person as he carries out activities of daily living, including
				reminding a resident to maintain his medication schedule as directed by his
				practitioner, reminding him of important activities to be carried out,
				assisting him in keeping appointments, and being aware of his general
				whereabouts even though he may travel independently about the
				community.