reglab/statecodes huggingface dataset:
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.96 - RESERVED › Subchapter 37.96.6 - NEW › Rule 37.96.613 - LAUNDRY AND CLOTHING

Current through Register Vol. 13, July 5, 2024
(1) All licensed
				and registered child care providers must ensure that children's wet or soiled
				clothing is changed promptly. Facilities must have a supply of spare clothing
				to allow at least one change per day. Soiled clothing must be placed in a
				sealed bag and returned to the parent or guardian.
(2) Licensed and registered child care
				providers must ensure that soiled laundry does not endanger the health of
				children by:
(a) refraining from storing
				soiled laundry in a dining, food preparation, or food storage room;
(b) ensuring soiled laundry is not accessible
				to children;
(c) providing
				sufficient space for sorting and storing clean and soiled laundry so clean and
				soiled laundry do not contact the same surface or each other; and
(d) laundering bedding whenever it is
				soiled.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.96 - RESERVED › Subchapter 37.96.6 - NEW › Rule 37.96.614 - SANITATION

Current through Register Vol. 13, July 5, 2024
(1) All licensed and registered child care
				providers must:
(a) provide sanitary drinking
				facilities for each child;
(b)
				clean and sanitize their toys routinely. Toys must be cleaned and sanitized in
				a solution containing one tablespoon of unscented household bleach to one
				gallon of water, and then either washed through the sanitizing cycle of the
				dish washer or rinsed with clean hot water, and then air dried;
(c) use cleaning products in accordance with
				the manufacturer's instructions;
(d) keep cleaning devices for toilets and
				urinals, sinks, and tubs separate from each other, and do not use such cleaning
				devices for any other purpose; and
(e) store cleaning compounds, pesticides, and
				cleaning devices for toilet bowls, toilet seats, or urinals separately and out
				of the reach of children. Cleaning compounds must be disposed of in accordance
				with the manufacturer's instructions.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.96 - RESERVED › Subchapter 37.96.6 - NEW › Rule 37.96.615 - DIAPERING

Current through Register Vol. 13, July 5, 2024
(1) All licensed child care providers and
				registered group and family child care providers that care for children
				requiring diapers must:
(a) provide an
				adequate and cleanable area for diaper changing separate from food preparation
				and play areas;
(b) ensure
				diapering and toileting areas contain a wash basin that is separate from that
				used for food preparation;
(c) have
				available a sufficient supply of clean, dry diapers, and change diapers as
				frequently as needed. Disposable diapers, a commercial diaper service, or
				reusable cloth diapers supplied by the child's family may be used;
(d) use soft, absorbent, disposable towels,
				or clean reusable towels which have been laundered between each use for
				cleaning the child;
(e) keep safety
				pins out of reach of children;
(f)
				not leave children being diapered unattended on a surface from which they might
				fall;
(g) specifically label all
				toilet articles for each child. Each item must be separated and kept in a
				sanitary condition;
(h) clean
				surfaces after each diapering and change the pad or disposable sheeting (if
				used). Sanitize surfaces using a solution of one tablespoon of unscented
				household bleach to one gallon of water, rinse with clean water, and air
				dry;
(i) store soiled disposable
				diapers in easily cleanable or lined receptacles with tight-fitting lids in an
				area inaccessible to children; and empty, clean, and wash the receptacles once
				per day or more often as needed. Soiled disposable diapers must be disposed of
				immediately into an outside trash disposal or discarded indoors in a way that
				is inaccessible to children until outside disposal is possible;
(j) place soiled reusable cloth diapers in a
				labeled container with a tight-fitting lid provided by a commercial diaper
				service, or in a sealed waterproof bag or container for removal from the
				facility by an individual child's family. Soiled cloth diapers should be sent
				home with the child at the end of each day. The containers or sealed diaper
				bags of soiled cloth diapers should not be accessible to any child;
				and
(k) ensure the hands of the
				diapered child are washed after changing.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.96 - RESERVED › Subchapter 37.96.6 - NEW › Rule 37.96.618 - BATHING

Current through Register Vol. 13, July 5, 2024
(1) If bathing is necessary, licensed child
				care providers and registered group or family child care providers must:
(a) directly supervise children when being
				bathed;
(b) sanitize bathing
				materials after bathing each child;
(c) use non allergenic soap; and
(d) make sure children cannot turn on hot
				water while being bathed. Water supply to bathing area must not exceed
				120°F.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.96 - RESERVED › Subchapter 37.96.6 - NEW › Rule 37.96.619 - WATER SUPPLY SYSTEM

Current through Register Vol. 13, July 5, 2024
(1) All child care
				facilities must provide an adequate and potable supply of water that is
				connected to a public water supply system in accordance with
				75-6-102, MCA.
(2) If the child care facility uses a
				nonpublic water system source, the program must:
(a) have the water source tested prior to
				operation and at least once each January and once each June for the total
				coliform bacteria and fecal coliform or E. coli bacteria;
(b) provide laboratory test results to the
				department as part of the licensing and registration or license/registration
				renewal process; and
(c) take
				corrective action as needed to ensure the water is safe to drink.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.96 - RESERVED › Subchapter 37.96.6 - NEW › Rule 37.96.620 - SEWAGE SYSTEM

Current through Register Vol. 13, July 5, 2024
(1) All child care
				facilities must have an adequate and safe sewage system.
(2) The child care facility must:
(a) be connected to a public sewage system in
				accordance with
				75-6-102, MCA; or
(b) if a nonpublic system is used, retain
				documentation that it has complied with sewage disposal requirements adopted by
				the local board of health in the jurisdiction in which the child care facility
				is located as well as documentation of any necessary sewage system repairs or
				replacement.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.96 - RESERVED › Subchapter 37.96.6 - NEW › Rule 37.96.623 - SWIMMING POOL SANITATION

Current through Register Vol. 13, July 5, 2024
(1) All licensed
				child care providers and registered group and family child care providers must
				allow children to only use swimming pools that are maintained in accordance
				with ARM 37.115.102,
				37.115.103, and
				37.115.106.
(2) Licensed child care providers and
				registered group and family child care providers using a portable wading pool
				must add one tablespoon household bleach to 100 gallons of water to the pool on
				the day of use, drain, clean, and refill it with fresh water daily and as
				otherwise needed. Bleach must be added any time the pool is refilled.
AUTH:
					 52-2-735, MCA; IMP:
					 52-2-735,
					 MCA
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.96 - RESERVED › Subchapter 37.96.6 - NEW › Rule 37.96.624 - FOOD PREPARATION AND HANDLING

Current through Register Vol. 13, July 5, 2024
(1) At a
				minimum, all licensed child care providers and registered group and family
				child care providers must:
(a) cook food to
				the proper temperatures:
(i) chicken, poultry,
				stuffed foods, and leftovers to 165°F;
(ii) ground meats (including fish, e.g., fish
				sticks) to 155°F;
(iii) eggs,
				whole cuts of pork and fish to 145°F; and
(iv) vegetables and fruits for hot holding to
				135°F;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.96 - RESERVED › Subchapter 37.96.7 - NEW › Rule 37.96.701 - NUTRITION AND FOOD SERVICE DEFINITIONS

Current through Register Vol. 13, July 5, 2024
(1)
				"CACFP" means the Child and Adult Care Food Program as designated in section 17
				of the National School Lunch Act as amended (codified at
				42 USC
				1766 and effective as of December 13,
				2010).
(2) "Nutritious meals and
				snacks" means quality and quantity of food that meets the USDA CACFP guidelines
				in 7 CFR
				226.20 as of February 7, 2022.
(3) "USDA" means the United States Department
				of Agriculture.
AUTH:
					 52-2-704,
					 53-4-212, MCA; IMP:
					 52-2-702,
					 52-2-703,
					 52-2-704,
					 52-2-713,
					 52-2-723,
					 52-2-725,
					 52-2-731,
					 52-2-735,
					 52-2-736,
					 53-2-201,
					 53-4-211,
					 53-4-212,
					 53-4-611,
					 MCA
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.96 - RESERVED › Subchapter 37.96.7 - NEW › Rule 37.96.704 - NUTRITION REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1) All licensed
				child care providers and registered group and family child care providers must:
(a) provide nutritious meals and snacks to
				children in such quality and quantity to meet the USDA CACFP recommended
				dietary allowances for children of each age or have a policy stating that
				parents/guardians are required to send food for meals and/or snacks;
(b) serve meals and snacks at standard times,
				to ensure that:
(i) children in care for five
				to ten daytime hours are offered at least one meal and two snacks or two meals
				and one snack. Children must be offered a mid morning snack if they are not
				offered breakfast at the child care facility less than 2 1/2 hours before
				lunch;
(ii) children in care for a
				continuous period of ten hours or more must be provided at least one meal every
				six hours and one snack between meals. The six-hours requirement does not apply
				during the hours that the child is sleeping when night care is
				provided;
(iii) children receiving
				night care are offered dinner and/or breakfast, and a bedtime snack;
				and
(iv) children in care for fewer
				than five hours are offered one snack every 2 1/2 hours;
(c) for each child with nutritional
				therapeutic needs, request and carefully follow written special dietary
				instructions from either the child's parents/guardians or health care provider.
				Food brought from home for special dietary purposes must be carefully labeled
				with the child's name;
(d) plan
				menus in advance, post menus for parents/guardians, and serve meals and snacks
				in accordance with the planned menus;
(e) supervise children if they prepare food
				and while they eat;
(f) ensure that
				drinking water is freely available and offered at regular intervals to all
				children; and
(g) retain written
				menu records and any special dietary instructions.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.96 - RESERVED › Subchapter 37.96.7 - NEW › Rule 37.96.705 - INFANT FEEDING

Current through Register Vol. 13, July 5, 2024
(1) All licensed
				and registered child care providers must provide an individualized diet and
				feeding schedule for infants according to a written plan submitted by the
				parents/guardians. A change of diet and schedule must be noted on each infant's
				daily diet and feeding schedule.
(a) Licensed
				child care providers must post each infant's diet and schedule in an area
				clearly visible to the center's infant care staff.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.96 - RESERVED › Subchapter 37.96.7 - NEW › Rule 37.96.708 - FOOD SERVICE EQUIPMENT

Current through Register Vol. 13, July 5, 2024
(1) All licensed
				and registered child care providers must provide one piece of age-appropriate
				feeding equipment for every four infants or toddlers. This includes safe high
				chairs, baby feeding tables, booster seats, and child-size tables and chairs.
				These types of equipment must be used in accordance with the manufacturer's
				specifications.
(2) Portable high
				chairs that hook onto tables are not allowed in any licensed or registered
				child care facility.
AUTH:
					 52-2-704, MCA; IMP:
					 52-2-702,
					 52-2-704,
					 52-2-713,
					 52-2-721,
					 52-2-722,
					 52-2-723,
					 52-2-724,
					 52-2-731,
					 MCA
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.96 - RESERVED › Subchapter 37.96.8 - NEW › Rule 37.96.801 - IMMUNIZATION DEFINITIONS

Current through Register Vol. 13, July 5, 2024
(1) "ACIP" means
				the Advisory Committee on Immunization Practices, which provides advice to the
				U.S. Centers for Disease Control and Prevention on routine administration of
				vaccines to pediatric and adult populations.
(2) "Adequate documentation" means
				documentation which meets the specifications set forth in ARM
				37.96.806.
(3) "CLIA" means the
				federal clinical laboratory improvement amendments of 1988.
(4) "Conditional attendance" means that
				children are allowed to attend child care on a conditional basis until they
				meet the requirements of an established vaccination schedule.
(5) "Conditional Attendance Form (HES 103)"
				means the form used by parents or guardians and health care providers to allow
				children to attend child care on a conditional basis until they meet
				vaccination requirements on a set schedule.
(6) "DT vaccine" means a vaccine containing a
				combination of diphtheria and tetanus toxoids.
(7) "DTP vaccine" and "DTAP vaccine" mean
				vaccines containing diphtheria and tetanus toxoids and pertussis (whooping
				cough) vaccine combined, including a vaccine referred to as DTaP, diphtheria,
				tetanus toxoid, and acellular pertussis vaccine combined.
(8) "Hep B vaccine" means a vaccine
				containing Hepatitis B vaccine.
(9)
				"Hib vaccine" means a vaccine immunizing against infection by Haemophilus
				influenza type B disease.
(10)
				"Immunization information system" means a confidential, computerized,
				population-based system managed and maintained by the department that collects
				and consolidates vaccination data from vaccine providers.
(11) "Medical exemption" means a vaccination
				exemption from a health care provider indicating that the physical condition of
				the child is such that one or more vaccinations would endanger their life or
				health or is medically contraindicated.
(12) "Medical Exemption Statement Form (HES
				101A)" means the form provided by the department to document a medical
				exemption(s) from one or more vaccinations.
(13) "MMR vaccine" means a vaccine containing
				a combination of measles, mumps, and rubella vaccines.
(14) "Montana Certificate of Immunization
				Form (HES 101)" means the form provided by the department to consolidate
				immunization history.
(15) "MR
				vaccine" means a vaccine containing a combination of measles and rubella
				vaccines.
(16) "Official
				vaccination record" means a standard electronic or paper record that is
				maintained by the department, by another state's principal health agency, or by
				a healthcare provider to record the vaccination status of a child, and includes
				the following:
(a) child's legal
				name;
(b) birth date;
(c) sex; and
(d) vaccination date (month, day, and year)
				by vaccine type, or, in the case of a post secondary record, the month and year
				of vaccine administration.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.96 - RESERVED › Subchapter 37.96.8 - NEW › Rule 37.96.805 - EXEMPTIONS FROM VACCINATION

Current through Register Vol. 13, July 5, 2024
(1) A child is
				exempt from receiving the required vaccinations when the requirements of any of
				the following are met:
(a) Medical exemption:
				A child is not required to have any vaccinations which are medically
				contraindicated. A written and signed statement from a health care provider
				that a vaccination otherwise required by ARM 37.96.802 is medically
				contraindicated will exempt a child from those vaccination requirements as
				deemed necessary by the health care provider. It is preferred, but not
				mandatory, that a health care provider's medical exemption be recorded on
				HES-101A. Medical exemption documentation must include:
(i) which specific vaccination is
				contraindicated;
(ii) the period of
				time during which the vaccination is contraindicated;
(iii) the reasons for the medical
				contraindication; and
(iv) when
				deemed necessary by a health care provider, the results of immunity testing.
				The tests must indicate serological evidence of immunity and must be performed
				by a CLIA approved lab.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.96 - RESERVED › Subchapter 37.96.8 - NEW › Rule 37.96.806 - REQUIREMENTS FOR ADEQUATE DOCUMENTATION OF IMMUNIZATION STATUS

Current through Register Vol. 13, July 5, 2024
(1) All licensed and registered child care
				providers must have received completed immunization documentation, in
				accordance with this rule, before any child can be enrolled into a child care
				facility. The child care provider must maintain a record of immunization status
				for each enrolled child, and any child of a staff member who resides at the
				child care facility, with respect only to the vaccines, number of doses, and
				timing set forth in ARM 37.96.802. The provider must make those records
				available during normal working hours to representatives of the department or
				the local health authority.
(2) The
				following are considered adequate documentation of vaccination for the purposes
				of this chapter:
(a) a record from any local
				health department in the United States, signed by a local health officer or
				nurse;
(b) a certificate signed by
				a local health officer or nurse;
(c) any official immunization record, if
				information has been recorded and signed by a physician, physician's designee,
				local health officer, or that officer's designee; or an official report from
				the statewide immunization information system, or a health care provider's
				medical record system;
(d)
				immunization recorded on a form approved by the U.S. government;
(e) any state's official parent-maintained
				immunization record;
(f) an
				international certificate of vaccination on a form approved by the World Health
				Organization; or
(g) in the case of
				a vaccine administrated outside of the United States, a record of the
				vaccination signed by an official of the principal public health agency of the
				country where the vaccination occurred.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.96 - RESERVED › Subchapter 37.96.8 - NEW › Rule 37.96.809 - EXAMINATION AND AUDIT OF OFFICIAL CHILD IMMUNIZATION RECORDS

Current through Register Vol. 13, July 5, 2024
(1) The department and local health authority
				representatives have the right to audit and verify child vaccination records
				maintained by licensed and registered child care providers to determine
				compliance with vaccination requirements.
AUTH:
					 52-2-704,
					 52-2-735, MCA; IMP:
					 52-2-704,
					 52-2-732,
					 52-2-733,
					 52-2-735,
					 MCA
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.96 - RESERVED › Subchapter 37.96.8 - NEW › Rule 37.96.810 - IMMUNIZATION STATUS AS CONDITION OF ATTENDANCE

Current through Register Vol. 13, July 5, 2024
(1) In order to continue to attend a licensed
				or registered child care facility, a child must continue to be vaccinated on
				the schedule described in ARM 37.96.802(1) and must be immediately excluded
				from attendance if the child:
(a) is not
				vaccinated on that schedule with all of the required vaccines;
(b) does not have on file at the child care
				program a record of medical exemption, religious exemption, a conditional
				enrollment form which indicates that no vaccine dose is past due; or
(c) does not meet the exemption for a child
				experiencing homelessness or a child in the foster system.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.96 - RESERVED › Subchapter 37.96.9 - NEW › Rule 37.96.901 - QUALIFICATIONS AND TRAINING DEFINITIONS

Current through Register Vol. 13, July 5, 2024
(1)
				"Director" means the person designated as the person responsible for the daily
				operation of a child care facility. A director is also responsible for
				implementing appropriate child development principles and knowledge of family
				relationships in providing daily care to the children cared for in the
				facility.
(2) "Lead teacher" means
				the lead staff person in charge of a child or group of children who implements
				facility activities.
(3)
				"On-the-job training" is training provided by the director or designee, during
				business hours, to educate new staff members on facility and provider-specific
				policies, procedures, and department requirements pertaining to their
				role.
(4) "Orientation training"
				means initial required training to educate new staff.
(5) "Practitioner Registry" is a statewide
				registry that is used to help develop and track a knowledgeable and skilled
				child care workforce based on an individual's verified professional
				achievements.
(6) "Site director"
				means the person who plans and implements child care services at one site of a
				multi-site program under the oversight of the director.
(7) "Staff" refers to all persons who work or
				substitute in a child care facility and count in the child-to-staff ratio
				during hours when children are or may be present, excluding licensees or
				registration holders.
(8)
				"Substitute" means any person not regularly employed by a child care provider
				who temporarily takes the place of an approved staff person, other than the
				director.
(9) "Teacher" means a
				program staff member who carries out assigned caregiving and teaching tasks
				under the guidance and oversight of a lead teacher or program
				director.
(10) "Trainee" means a
				staff member who has been approved to work in a child care facility based on
				initial criteria but has not yet completed required training.
AUTH:
					 52-2-704,
					 53-4-212, MCA; IMP:
					 52-2-702,
					 52-2-703,
					 52-2-704,
					 52-2-713,
					 52-2-723,
					 52-2-725,
					 52-2-731,
					 52-2-735,
					 52-2-736,
					 53-2-201,
					 53-4-211,
					 53-4-212,
					 53-4-611,
					 MCA
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.96 - RESERVED › Subchapter 37.96.9 - NEW › Rule 37.96.902 - DIRECTOR RESPONSIBILITIES AND QUALIFICATIONS

Current through Register Vol. 13, July 5, 2024
(1) All facilities except RCEs must have a
				director.
(a) For the purposes of this rule,
				FFN providers are considered a director.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.96 - RESERVED › Subchapter 37.96.9 - NEW › Rule 37.96.903 - SITE DIRECTOR RESPONSIBILITIES AND QUALIFICATIONS

Current through Register Vol. 13, July 5, 2024
(1) Site director is an optional role.
				Providers may employ site directors when they have multiple facilities in
				geographically dispersed locations. An individual may only serve as a site
				director at one location or site. Site directors plan and implement facility
				services under the oversight of the director/owner.
(2) Site directors must meet the following
				qualifications:
(a) be at least 18 years
				old;
(b) have satisfactory results
				of background checks as set forth in ARM 37.96.1001;
(c) be current on the Practitioner
				Registry;
(d) have current CPR and
				pediatric first aid certification;
(e) successfully complete orientation
				training;
(f) complete on-the-job
				training; and
(g) have a
				combination of education, training, other licensing, or experience in working
				with children to demonstrate an ability to fulfill the site director
				responsibilities for the licensed or registered facility type, subject to
				approval through the Practitioner Registry or to department approval.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.96 - RESERVED › Subchapter 37.96.9 - NEW › Rule 37.96.904 - LEAD TEACHER RESPONSIBILITIES AND QUALIFICATIONS

Current through Register Vol. 13, July 5, 2024
(1) Lead teacher is an optional
				role.
(2) Lead teachers are
				responsible for facility activity planning and delivery.
(3) A lead teacher must:
(a) be at least 18 years old;
(b) have satisfactory results of background
				checks as set forth in ARM 37.96.1001;
(c) complete on-the-job training;
(d) be current on the Practitioner
				Registry;
(e) have current CPR and
				pediatric first aid certification;
(f) successfully complete required
				orientation training; and
(g) have
				a combination of education, training, other licensing, or experience in working
				with children to demonstrate an ability to fulfill the lead teacher
				responsibilities for the licensed or registered facility type, subject to
				approval through the Practitioner Registry or to department approval.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.96 - RESERVED › Subchapter 37.96.9 - NEW › Rule 37.96.907 - TEACHER RESPONSIBILITIES AND QUALIFICATIONS

Current through Register Vol. 13, July 5, 2024
(1) Teacher is an optional role.
(2) Teachers help a lead teacher or director
				provide instructional support to children and implement developmentally
				appropriate programming.
(3)
				Teachers must:
(a) receive oversight and
				guidance from a lead teacher, site director, or director;
(b) be at least 16 years old;
(c) have satisfactory results of background
				checks as set forth in ARM 37.96.1001;
(d) complete on-the-job training;
(e) be current on the Practitioner
				Registry;
(f) have current CPR and
				pediatric first aid certification; and
(g) successfully complete required
				orientation training.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.96 - RESERVED › Subchapter 37.96.9 - NEW › Rule 37.96.908 - SUBSTITUTE RESPONSIBILITIES AND QUALIFICATIONS

Current through Register Vol. 13, July 5, 2024
(1) Substitutes must:
(a) have satisfactory results of background
				checks as set forth in ARM 37.96.1001;
(b) meet the age requirement for the role for
				which they are substituting;
(c)
				complete on-the-job training;
(d)
				be current on the Practitioner Registry;
(e) have current CPR and pediatric first aid
				certification; and
(f) successfully
				complete required orientation training.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.96 - RESERVED › Subchapter 37.96.9 - NEW › Rule 37.96.909 - TRAINEE RESPONSIBILITIES AND QUALIFICATIONS

Current through Register Vol. 13, July 5, 2024
(1) Trainees must:
(a) have satisfactory results of background
				checks as set forth in ARM 37.96.1001;
(b) be at least 16 years old;
(c) not be left alone with children until
				they complete the required 30-day orientation training;
(d) receive oversight and guidance from an
				onsite lead teacher, site director, or director; and
(e) not remain in this role for longer than
				90 days.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.96 - RESERVED › Subchapter 37.96.9 - NEW › Rule 37.96.910 - SUPPORT STAFF QUALIFICATIONS

Current through Register Vol. 13, July 5, 2024
(1) Support
				staff who do not provide direct care for children must:
(a) have satisfactory results of background
				checks as set forth in ARM 37.96.1001; and
(b) complete on-the-job training.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.96 - RESERVED › Subchapter 37.96.9 - NEW › Rule 37.96.913 - VOLUNTEER QUALIFICATIONS

Current through Register Vol. 13, July 5, 2024
(1) 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:
(a) must be at least 15 years old;
				and
(b) must have satisfactory
				results of background checks as set forth in ARM 37.96.1001 if they will have
				unsupervised access to children.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.96 - RESERVED › Subchapter 37.96.9 - NEW › Rule 37.96.914 - ORIENTATION TRAINING

Current through Register Vol. 13, July 5, 2024
(1) 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.
(2) Within 30 days of
				hire and before providing unsupervised care to children, the following training
				is required:
(a) infant, child, and adult CPR,
				infant choking response, and pediatric first aid. CPR certification must be
				completed in a hands-on setting. Alternatively, staff can provide verification
				of current infant, child, and adult CPR, infant choking response, and pediatric
				first aid certification from the American Heart Association, American Red
				Cross, or other CCL-approved entity;
(b) if the child care license or registration
				permits care for infants, prevention of sudden infant death syndrome and use of
				safe sleep practices;
(c) if the
				child care license or registration permits care for infants or toddlers,
				prevention of shaken baby syndrome and abusive head trauma.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.96 - RESERVED › Subchapter 37.96.9 - NEW › Rule 37.96.915 - ANNUAL TRAINING

Current through Register Vol. 13, July 5, 2024
(1) 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.
(a) Staff and
				owners of licensed child care centers, and registered group and family child
				care facility must complete 16 hours of annual training.
(b) Staff and owners of licensed school-age
				care or registered FFN providers must complete eight hours of annual
				training.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.96 - RESERVED › Subchapter 37.96.9 - NEW › Rule 37.96.918 - HEALTH AND SAFETY REFRESHER COURSE

Current through Register Vol. 13, July 5, 2024
(1) 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 toward the annual training required in ARM 37.96.915.
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 37.96.10 - NEW › Rule 37.96.1001 - BACKGROUND CHECK DEFINITIONS

Current through Register Vol. 13, July 5, 2024
(1) "May deny
				crime" means a crime that gives the department the ability to determine that a
				background check result is unsatisfactory, and an individual is not eligible to
				work or be present in a child care facility.
(2) "Must deny crime" means a crime that
				requires the department to determine that a background check result is
				unsatisfactory, and an individual is not eligible to work or be present in a
				child care facility.
(3)
				"Satisfactory results of background checks" means that the results do not
				include any conviction, pending charge, or child abuse or neglect determination
				from a state's child protective agency that the department has determined makes
				an individual ineligible to work in a child care program.
(4) "Unsatisfactory results of background
				checks" means that the results include a conviction, pending charge, or child
				abuse or neglect determination from a state's child protective agency that is a
				must deny or may deny crime or offense.
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 37.96 - RESERVED › Subchapter 37.96.10 - NEW › Rule 37.96.1002 - FINGERPRINT AND BACKGROUND CHECKS

Current through Register Vol. 13, July 5, 2024
(1) The
				following individuals must provide satisfactory results of background checks
				prior to approval of any license or registration, or staff approval:
(a) child care directors, owners, site
				directors, lead teachers, teachers, substitutes, trainees, support staff, and
				volunteers who have unsupervised contact with children; and
(b) any adult residing in the child care
				facility, or other adult who regularly or frequently stays in the facility,
				unless care is being provided in the home of a child or children who belong to
				the same sibling group.
(i) In the case of a
				FFN provider caring for children from more than one sibling group in a child's
				home, all adults residing in the home must have satisfactory results of a
				background check.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.96 - RESERVED › Subchapter 37.96.10 - NEW › Rule 37.96.1003 - BACKGROUND CHECK RESULTS THAT MUST RESULT IN THE DENIAL OF AN APPLICANT

Current through Register Vol. 13, July 5, 2024
(1) After written notice to the applicant,
				licensee, or registration holder, the department must deny, suspend, restrict,
				revoke, or reduce to a provisional or probationary status a license or
				registration upon finding that any person who is required to have a background
				check has been convicted of a crime that must make an individual ineligible to
				work in a child care facility. These crimes are felonies and misdemeanors that
				are direct crimes against a person's physical or emotional well-being.
				Convictions for the following crimes make an individual ineligible to work or
				be present in a child care facility:
(a) a
				serious crime, such as homicide, sexual intercourse without consent, sexual
				assault, aggravated assault, assault on a minor, assault on an officer, assault
				with a weapon, kidnapping, aggravated kidnapping, robbery, or arson;
				or
(b) a crime pertaining to
				children or families, including child abuse or neglect, incest, child sexual
				abuse, ritual abuse of a minor, felony partner or family member assault, child
				pornography, child prostitution, internet crimes involving children, felony
				endangering the welfare of a child, felony unlawful transactions with children,
				or aggravated interference with parent-child contact.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.96 - RESERVED › Subchapter 37.96.10 - NEW › Rule 37.96.1004 - BACKGROUND CHECK RESULTS THAT MAY RESULT IN THE DENIAL OF AN APPLICANT

Current through Register Vol. 13, July 5, 2024
(1) After written notice to the applicant,
				licensee, or registered provider, the department may deny, suspend, restrict,
				revoke, or reduce to a provisional or probationary status a license or
				registration upon finding that any person who is required to have a background
				check has been convicted of a crime that may make an individual ineligible to
				work in a child care facility. These are direct crimes against a person's
				physical or emotional well-being. Conviction or determination of the following
				may make an individual ineligible to work or be present in a child care
				facility:
(a) a conviction for misdemeanor
				partner/family member assault, misdemeanor endangering the welfare of a child,
				misdemeanor unlawful transaction with children, prostitution, burglary, or a
				crime involving an abuse of the public trust;
(b) being named as a perpetrator in a
				substantiated report of abuse or neglect;
(c) being named as a perpetrator in a founded
				report of abuse or neglect, although this cannot be the sole basis for
				denial;
(d) abuse, neglect, or
				exploitation of an elderly person or a person with a developmental disability;
				or
(e) a felony conviction for a
				drug-related offense within the previous five years, including distribution or
				possession of controlled substances, criminal possession of precursors to
				dangerous drugs, criminal manufacture of dangerous drugs, criminal possession
				of imitation dangerous drugs with the purpose to distribute, criminal
				possession, manufacture or delivery of drug paraphernalia, or driving under the
				influence of alcohol or other drugs.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.96 - RESERVED › Subchapter 37.96.10 - NEW › Rule 37.96.1005 - OFFENSES AND INVESTIGATIONS THAT ARE PENDING RESOLUTION

Current through Register Vol. 13, July 5, 2024
(1) Any staff member, support staff, trainee,
				volunteer, or other adult residing in the child care facility, or other person
				who regularly or frequently stays in the facility, who is charged with a crime
				that will potentially make them ineligible to work in a child care facility
				must not provide care or be present in the facility when children in care are
				on the premises, pending the resolution of the charges.
(a) Child care providers must notify the CCL
				program within 48 hours if any charges are filed against any staff member,
				support staff, trainee, volunteer, or other adult residing in the child care
				facility, or other person who regularly or frequently stays in the facility,
				that will potentially make them ineligible to work in a child care
				facility.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.96 - RESERVED › Subchapter 37.96.10 - NEW › Rule 37.96.1008 - PROCESS TO REQUEST ADMINISTRATIVE RECONSIDERATION OF BACKGROUND CHECK RESULTS AND DEPARTMENT DETERMINATION

Current through Register Vol. 13, July 5, 2024
(1) If
				an unsatisfactory background check occurs based upon a conviction or
				determination identified in ARM 37.96.1003, ARM 37.96.1004 or ARM 37.96.1005
				the staff applicant in conjunction with the license or registration holder, if
				different, may submit additional information to correct any inaccuracies or
				errors in the background check results.
(2) The staff applicant, in conjunction with
				the license or registration holder, if different, may request an administrative
				reconsideration of a denial based on a may-deny background check finding. The
				requester and license or registration holder must establish that the person has
				been sufficiently rehabilitated to warrant the public trust and not pose a risk
				to children.
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 37.96 - RESERVED › Subchapter 37.96.11 - NEW › Rule 37.96.1101 - COMPLAINTS AND INVESTIGATIONS

Current through Register Vol. 13, July 5, 2024
(1) Any
				individual, group, or other agency may submit a written complaint against a
				child care facility or provider. The complainant's personal information is not
				public information.
(2) Any
				individual, group, or other agency may request that the department determine
				whether a child care facility should be licensed or registered according to
				law. Referral may be either in writing or by telephone.
(3) An authorized representative of the
				department may conduct an on-site visit of a facility and property without
				prior notice to the owner or staff of the program whenever the department
				considers it necessary and when children are in care.
AUTH:
					 52-2-704, MCA; IMP:
					 52-2-704,
					 52-2-713,
					 52-2-721,
					 52-2-722,
					 52-2-723,
					 52-2-731,
					 52-2-732,
					 52-2-733,
					 MCA
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.96 - RESERVED › Subchapter 37.96.11 - NEW › Rule 37.96.1102 - LICENSING OR REGISTRATION CORRECTIVE ACTION

Current through Register Vol. 13, July 5, 2024
(1) At the department's discretion, when a
				program is not in compliance with this chapter or Title 52, chapter 2, part 7,
				MCA, a corrective action plan may be required.
(2) The department will apply progressive
				corrective actions in plans based on:
(a) the
				scope and severity of non-compliance;
(b) the potential threat or actual harm to
				the health, safety, and well-being of the children in care;
(c) the number of times the licensee or
				registration holder has not complied with rules in this chapter or under Title
				52, chapter 2, part 7, MCA; and
(d)
				mitigating and aggravating factors.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.96 - RESERVED › Subchapter 37.96.11 - NEW › Rule 37.96.1103 - TIME PERIOD FOR CORRECTING NON-COMPLIANCE

Current through Register Vol. 13, July 5, 2024
(1)
				The length of time a licensee or registered provider has to make corrections
				will be determined by the department, which must consider:
(a) the scope and severity of
				non-compliance;
(b) the potential
				threat or actual harm to the health, safety, and well-being of the children in
				care;
(c) the number of times the
				licensee or registration holder has not complied with rules in this chapter or
				under Title 52, chapter 2, part 7, MCA; and
(d) mitigating and aggravating
				factors.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.96 - RESERVED › Subchapter 37.96.11 - NEW › Rule 37.96.1104 - DENIAL, SUSPENSION, REVOCATION, OR MODIFICATION OF A LICENSE OR REGISTRATION

Current through Register Vol. 13, July 5, 2024
(1) The department,
				after written notice to the applicant or provider may deny, suspend, revoke, or
				modify a license or registration.
(2) The department may modify a license or
				registration by restricting or reducing it to a provisional or probationary
				status.
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 37.96 - RESERVED › Subchapter 37.96.11 - NEW › Rule 37.96.1107 - VIOLATIONS THAT MAY RESULT IN NEGATIVE LICENSING OR REGISTRATION ACTION

Current through Register Vol. 13, July 5, 2024
(1) The department may deny, suspend, or
				revoke a license or registration, or take another action such as requiring an
				individual be excluded from a facility, when:
(a) the provider, any staff member, support
				staff, trainee, volunteer, or any person residing or staying in the child care
				facility on a frequent or regular basis has been named as the perpetrator in a
				substantiated report of abuse or neglect;
(b) the licensee/registered provider, staff
				member, support staff, trainee, volunteer, or any person residing or staying in
				the child care facility on a frequent or regular basis is disqualified under
				the child care licensing background check rules;
(c) the department requests and is denied
				access to the licensed or registered facility;
(d) the child care program has not met or is
				no longer meeting the requirements for licensure or registration set forth in
				these rules;
(e) the program has
				made any material misrepresentations to the department, either negligent or
				intentional, including an omission of information the provider is obligated to
				disclose to the department, regarding any aspect of the child care facility or
				its operations;
(f) through a CCL
				investigation, it is determined that the owner/director, staff member, trainee,
				support staff, volunteer, or adult residing in the facility or staying in the
				facility on a regular or frequent basis has violated a CCL regulation that has
				resulted in child abuse or neglect pursuant to
				41-3-102, MCA, whether or not a
				criminal prosecution is initiated or that person was prosecuted or convicted of
				child abuse or neglect;
(g) upon
				referral of suspected child abuse or neglect regarding an operating child care
				facility, the initial investigation by the department or law enforcement
				determines that there is probable cause to believe that a child in the facility
				may be in danger of harm;
(h) the
				provider or any staff member has failed to report an incident of suspected
				abuse or neglect of any child to the department as required by
				41-3-201, MCA, within 24 hours of
				receiving information pertaining to the incident;
(i) the provider or any staff member,
				trainee, support staff, volunteer, or adult residing in the facility or staying
				in the facility may pose any risk or threat to the safety or welfare of a child
				in the child care program;
(j) the
				child care provider has failed to protect the health, welfare, or safety of a
				child, or the child care facility presents a reasonably foreseeable serious
				hazard to the health, safety, or welfare of a child; or
(k) the licensee's or registered provider's
				child is removed from the licensee or registered provider by the Child and
				Family Services Division.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.96 - RESERVED › Subchapter 37.96.11 - NEW › Rule 37.96.1108 - NOTICE OF LICENSE OR REGISTRATION DENIAL, SUSPENSION, OR REVOCATION

Current through Register Vol. 13, July 5, 2024
(1) The department must provide written
				notification to a licensee, registered provider, or applicant of a denial,
				suspension, or revocation.
(2) The
				licensee, registered provider, or applicant has the right to request an
				administrative hearing regarding the denial, suspension, revocation, or
				modification of a license or registration. The department notice will include
				information on hearing rights and how to request a hearing.
AUTH:
					 52-2-704, MCA; IMP:
					 52-2-704,
					 52-2-723,
					 52-2-726,
					 MCA
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.96 - RESERVED › Subchapter 37.96.11 - NEW › Rule 37.96.1111 - ISSUING A PROBATIONARY LICENSE OR REGISTRATION

Current through Register Vol. 13, July 5, 2024
(1) When the department issues a probationary
				license or registration, the licensee, registered provider, or owner must:
(a) provide the parents and guardians of
				enrolled children notice of the probationary license or registration in a
				department-approved format within five working days of the licensee, registered
				provider, or owner receiving the probationary license or
				registration;
(b) provide
				documentation to the department that parents or guardians of enrolled children
				have been notified within seven working days of the licensee, registered
				provider, or owner receiving the probationary license or
				registration;
(c) inform parents or
				guardians of probationary status before enrolling new children; and
(d) post documentation of the probationary
				license or registration.