reglab/statecodes huggingface dataset:
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.90 - MENTAL HEALTH MEDICAID FUNDED 1115 AND 1915 WAIVERS › Subchapter 37.90.4 - Home and Community-Based Services Waiver for Adults With Severe and Disabling Mental Illness › Rule 37.90.452 - HOME AND COMMUNITY BASED SERVICES FOR ADULTS WITH SEVERE AND DISABLING MENTAL ILLNESS: RESIDENTIAL HABILITATION, INTENSIVE MENTAL HEALTH GROUP HOME

Current through Register Vol. 13, July 5, 2024
(1) Residential habilitation, intensive
				mental health group home, provides 24-hour care designed to ensure the health,
				safety, and welfare of a member and provide supervision for the member to live
				and participate in the community.
(2) Intensive mental health group homes must
				be licensed in accordance with ARM Title 37, chapter 106, subchapter
				19.
(3) Only the Montana State
				Hospital, the Montana Mental Health Nursing Care Center, or the Addictive and
				Mental Disorders Division may refer a member for intensive mental health group
				home services under the waiver program.
(4) An intensive mental health group home
				must:
(a) be a licensed mental health center
				with a group home endorsement;
(b)
				be approved by the Addictive and Mental Disorders Division; and
(c) be knowledgeable about commitment and
				recommitment processes, as well as the process for use of involuntary
				medications.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.90 - MENTAL HEALTH MEDICAID FUNDED 1115 AND 1915 WAIVERS › Subchapter 37.90.4 - Home and Community-Based Services Waiver for Adults With Severe and Disabling Mental Illness › Rule 37.90.453 - HOME AND COMMUNITY-BASED SERVICES FOR ADULTS WITH SEVERE AND DISABLING MENTAL ILLNESS: RESIDENTIAL HABILITATION, MENTAL HEALTH GROUP HOME

Current through Register Vol. 13, July 5, 2024
(1) Residential habilitation, mental health
				group home, provides 24 hours of available services and supports designed to
				ensure health, safety, and welfare of a member and assist the member in the
				acquisition and improvement of behaviors necessary to live and participate in
				the community.
(2) A mental health
				group home must be a licensed mental health center with a group home
				endorsement.
(3) Mental health
				group homes consist of the following staff:
(a) a program supervisor, .5 FTE, who
				provides clinical supervision as determined in the member's Person-Centered
				Recovery Plan;
(b) a residential
				manager, 1.0 FTE; and
(c) 24-hour
				onsite awake staff with a minimum 1:4 staffing ratio for at least 16 hours per
				day during awake hours and at least one staff for eight hours during sleeping
				hours, as determined by the provider.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.90 - MENTAL HEALTH MEDICAID FUNDED 1115 AND 1915 WAIVERS › Subchapter 37.90.4 - Home and Community-Based Services Waiver for Adults With Severe and Disabling Mental Illness › Rule 37.90.454 - HOME AND COMMUNITY-BASED SERVICES FOR ADULTS WITH SEVERE AND DISABLING MENTAL ILLNESS: RESIDENTIAL HABILITATION, ADULT GROUP HOME

Current through Register Vol. 13, July 5, 2024
(1) Residential habilitation, adult group
				home, provides 24-hour available services and supports designed to ensure
				health, safety, and welfare of a member and assist the member in the
				acquisition and improvement of behaviors necessary to live and participate in
				the community.
(2) An adult group
				home must be provided in the setting as defined in ARM Title 37, chapter 88,
				subchapter 9.
(3) Placement in an
				adult group home must be supported by the member's level of impairment and
				strengths assessment found in the Person-Centered Recovery Plan.
(4) Adult group home is a bundled service
				that includes:
(a) personal care;
(b) homemaker services;
(c) social activities;
(d) recreational activities;
(e) medication management and oversite;
(f) medical escort;
(g) nonmedical transportation; and
(h) 24-hour onsite awake staff to meet the
				needs of the members and provide supervision for safety and security.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.90 - MENTAL HEALTH MEDICAID FUNDED 1115 AND 1915 WAIVERS › Subchapter 37.90.4 - Home and Community-Based Services Waiver for Adults With Severe and Disabling Mental Illness › Rule 37.90.455 - HOME AND COMMUNITY-BASED SERVICES FOR ADULTS WITH SEVERE AND DISABLING MENTAL ILLNESS: RESIDENTIAL HABILITATION, FOSTER CARE

Current through Register Vol. 13, July 5, 2024
(1) Residential habilitation, foster care,
				provides 24-hour services and supports designed to ensure the health, safety,
				and welfare of a member and assist the member in acquiring and improving
				behaviors necessary to live and participate in the community.
(2) Residential habilitation, foster care,
				must be licensed in accordance with ARM Title 37, chapter 106, subchapter
				20.
(3) Residential habilitation,
				foster care, includes the following components:
(a) personal care;
(b) social activities;
(c) recreational activities;
(d) medication management and oversite;
(e) medical escort;
(f) nonmedical transportation;
(g) meals; and
(h) 24-hour on-site supervision to meet the
				needs of the member for safety and security.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.90 - MENTAL HEALTH MEDICAID FUNDED 1115 AND 1915 WAIVERS › Subchapter 37.90.4 - Home and Community-Based Services Waiver for Adults With Severe and Disabling Mental Illness › Rule 37.90.456 through 37.90.459 - Reserved

Current through Register Vol. 13, July 5, 2024
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.90 - MENTAL HEALTH MEDICAID FUNDED 1115 AND 1915 WAIVERS › Subchapter 37.90.4 - Home and Community-Based Services Waiver for Adults With Severe and Disabling Mental Illness › Rule 37.90.460 - HOME AND COMMUNITY-BASED SERVICES FOR ADULTS WITH SEVERE DISABLING MENTAL ILLNESS: ILLNESS MANAGEMENT AND RECOVERY SERVICES, REQUIREMENTS (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 53-2-201,
					 53-6-402,
					 MCA; IMP:
					 53-6-402,
					 MCA
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.90 - MENTAL HEALTH MEDICAID FUNDED 1115 AND 1915 WAIVERS › Subchapter 37.90.4 - Home and Community-Based Services Waiver for Adults With Severe and Disabling Mental Illness › Rule 37.90.461 - HOME AND COMMUNITY-BASED SERVICES FOR ADULTS WITH SEVERE DISABLING MENTAL ILLNESS: WELLNESS RECOVERY ACTION PLAN (WRAP) SERVICES, REQUIREMENTS (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 53-2-201,
					 53-6-402,
					 MCA; IMP:
					 53-2-401,
					 53-6-402,
					 MCA
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.91 - CERTIFICATION OF MENTAL HEALTH PROFESSIONAL PERSONS › Subchapter 37.91.1 - General Requirements › Rule 37.91.101 - PROFESSIONAL PERSON CERTIFICATION

Current through Register Vol. 13, July 5, 2024
(1) The
				purpose of this chapter is to:
(a) adopt a
				procedure whereby persons may be certified as mental health professional
				persons as authorized in
				53-21-106,
				MCA;
(b) set forth specific
				conditions and qualifications which must be met before certification can be
				obtained; and
(c) set limits of
				authority and responsibility for persons who have obtained full certification
				and for persons who have obtained facility certification.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.91 - CERTIFICATION OF MENTAL HEALTH PROFESSIONAL PERSONS › Subchapter 37.91.1 - General Requirements › Rule 37.91.102 - EXEMPTIONS

Current through Register Vol. 13, July 5, 2024
(1) Medical doctors who are licensed to
				practice in Montana by the board of medical examiners are designated mental
				health professional persons by
				53-21-102,
				MCA and are therefore exempt from the provisions of ARM
				37.91.106.
(2) Advanced practice registered nurses with
				a clinical specialty in psychiatric mental health nursing are designated mental
				health professional persons under
				53-21-102,
				MCA, and are therefore exempt from the provisions of ARM 37.91.106.
(3) Licensed psychologists are designated
				mental health professional persons under
				53-21-102,
				MCA, and are therefore exempt from the provisions of ARM 37.91.106.
53-21-102,
					 53-21-106,
					 MCA; IMP,
					 53-21-102,
					 53-21-106,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.91 - CERTIFICATION OF MENTAL HEALTH PROFESSIONAL PERSONS › Subchapter 37.91.1 - General Requirements › Rule 37.91.106 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
(1) "Accredited college or university" means
				a college or university which is accredited by a regional accreditation
				organization recognized by the Montana Board of Regents.
(2) "Approved facility training program"
				means a course of instruction and supervised clinical experience planned and
				conducted by the employing facility and approved by the department and by the
				certification committee. An approved facility training program must include:
(a) a minimum of six months of full-time
				clinical experience in the facility; and
(b) instruction on Montana law; these rules;
				and facility policies, practices, and procedures as they relate to the
				privileges described in ARM
				37.91.407.
(i) An approved facility training program
				must be directed by a professional person with full mental health certification
				who is responsible for its overall implementation and maintenance and for
				periodic review of each trainee's progress.
(ii) The clinical experience component of the
				approved training program must include instruction in, observation of, and
				supervised participation in all facility procedures involving or requiring the
				privileges specified in ARM 37.91.407. The trainee's clinical experience must
				be directly supervised by a professional person with either full or facility
				mental health certification who will report to the training director on a
				regular schedule.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.91 - CERTIFICATION OF MENTAL HEALTH PROFESSIONAL PERSONS › Subchapter 37.91.2 - Certification Procedures › Rule 37.91.201 - APPLICATION PROCESS

Current through Register Vol. 13, July 5, 2024
(1) Application for
				professional person certification will be made on forms provided by the
				department.
(2) An applicant for
				full mental health certification must submit documentation of academic
				training, documentation of current Montana licensure as a clinical mental
				health professional, letters of reference testifying to clinical competence,
				and an endorsement by a professional person with full mental health
				certification indicating that the applicant fully understands the
				responsibilities of a professional person. In addition, an applicant for full
				mental health certification must successfully complete a written examination
				covering knowledge of Title 53, chapter 21, MCA and the mental health services
				in the state to include the role of, and treatment services provided at, the
				Montana state hospital.
(3) An
				applicant for facility mental health certification must submit documentation of
				academic training, documentation of successful completion of the employing
				facility's approved training program, and an endorsement from the professional
				person with full mental health certification who directly supervised the
				applicant's clinical competency evaluation.
(4) The certification committee will meet as
				necessary, but no fewer than 4 times per year, to review applications.
				Applicants will be notified in writing of the decision of the committee. The
				certification committee may grant certification, deny certification, grant
				certification conditioned upon a passing score on the written examination for
				full mental health certification, or request additional information from the
				applicant.
(5) Any denial of
				certification may be appealed pursuant to ARM
				37.91.601.
53-21-106,
					 MCA; IMP, 53- 21-106, MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.91 - CERTIFICATION OF MENTAL HEALTH PROFESSIONAL PERSONS › Subchapter 37.91.2 - Certification Procedures › Rule 37.91.205 - EXPIRATION AND RENEWAL OF CERTIFICATION

Current through Register Vol. 13, July 5, 2024
(1)
				Professional person certification will expire three years from the date of
				certification.
(2) The professional
				person will be notified at least 30 days prior to the expiration date and will
				be provided a renewal form to record the information required by the
				certification committee.
(3) The
				certification committee will renew full mental health certification upon
				submission of proof that the individual continues to perform satisfactorily
				within Montana in direct treatment of mental illness or direct supervision of
				mental health treatment programs and evidence that continuing education,
				training, or instruction relevant to the exercise of professional person
				privileges and duties was received during the current certification
				period.
(4) The certification
				committee will renew facility mental health certification upon submission of
				proof that the individual continues to perform satisfactorily in direct
				treatment of mental illness in the facility for which the person is certified
				and evidence from the employing facility that continuing education, training,
				or instruction relevant to the privileges and duties of a professional person
				with facility certification was received during the current certification
				period.
53-21-106,
					 MCA; IMP,
					 53-21-106,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.91 - CERTIFICATION OF MENTAL HEALTH PROFESSIONAL PERSONS › Subchapter 37.91.2 - Certification Procedures › Rule 37.91.210 - REVOCATION OF CERTIFICATION

Current through Register Vol. 13, July 5, 2024
(1) The
				certification committee may revoke an individual's certification for any of the
				following reasons:
(a) misrepresentation of
				professional person authority;
(b)
				exercising professional person authority regarding the treatment of a patient
				without personal knowledge of the patient, situation, or both;
(c) conduct in violation of patient rights as
				cited in Title 53, chapter 21, part 1, MCA;
(d) providing an endorsement for an applicant
				for facility mental health certification without personal knowledge of the
				applicant's successful performance on the clinical competency evaluation;
				and
(e) failing to meet ongoing
				educational requirements or suspension or revocation of their mental health
				professional license.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.91 - CERTIFICATION OF MENTAL HEALTH PROFESSIONAL PERSONS › Subchapter 37.91.2 - Certification Procedures › Rule 37.91.220 - CONTINUATION OF CERTIFICATION

Current through Register Vol. 13, July 5, 2024
(1) Persons who
				are certified as a full mental health professional person as of the date of
				final adoption of these rules will be granted full mental health certification
				on that date for a period of two years or the length of time required to obtain
				licensure, whichever is shortest.
53-21-106,
					 MCA; IMP,
					 53-21-106,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.91 - CERTIFICATION OF MENTAL HEALTH PROFESSIONAL PERSONS › Subchapter 37.91.4 - Certification Requirements and Privileges › Rule 37.91.401 - REQUIREMENTS FOR FULL MENTAL HEALTH CERTIFICATION

Current through Register Vol. 13, July 5, 2024
(1) Applicants for full mental health
				certification must demonstrate successful performance as licensed mental health
				clinicians, a thorough understanding of the statutory responsibilities of a
				mental health professional person, and knowledge of the full range of mental
				health services in Montana. Licensed clinicians who relocate to Montana and
				have never performed professional person duties in any other state must have at
				least three months' experience as a Montana mental health professional person
				in training before applying for certification.
53-21-106,
					 MCA; IMP,
					 53-21-106,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.91 - CERTIFICATION OF MENTAL HEALTH PROFESSIONAL PERSONS › Subchapter 37.91.4 - Certification Requirements and Privileges › Rule 37.91.402 - PRIVILEGES OF FULL MENTAL HEALTH CERTIFICATION

Current through Register Vol. 13, July 5, 2024
(1) A professional person with full mental
				health certification is qualified to:
(a)
				approve applications for voluntary admissions to mental health
				facilities;
(b) participate as a
				mental health professional person in involuntary commitments and recommitments
				to mental health facilities;
(c)
				concur in the emergency detention of a person believed to be seriously mentally
				ill;
(d) order the discharge of a
				patient during, or at the end of, the initial commitment period;
(e) request a court-ordered release to
				alternative treatment;
(f) request
				a conditional release from a mental health facility;
(g) request the readmission of a
				conditionally released patient;
(h)
				review and initial, within 24 hours, summaries of extraordinary incidents
				involving patients;
(i) supervise
				approved training programs and clinical competency evaluations; and
(j) perform all the privileges specified in
				ARM 37.91.407.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.91 - CERTIFICATION OF MENTAL HEALTH PROFESSIONAL PERSONS › Subchapter 37.91.4 - Certification Requirements and Privileges › Rule 37.91.406 - REQUIREMENTS FOR FACILITY MENTAL HEALTH CERTIFICATION

Current through Register Vol. 13, July 5, 2024
(1) Applicants for facility mental health
				certification must be employed by the facility in a position requiring the
				exercise of the privileges specified in ARM
				37.91.407. They must also
				demonstrate clinical competency and a thorough understanding of the statutory
				responsibilities of a professional person with facility mental health
				certification. This can be accomplished only by successful completion of the
				facility's approved training program and satisfactory performance on the
				clinical competency evaluation. In addition, a professional person with
				facility mental health certification must have earned one of the following:
(a) licensure as a registered nurse;
				or
(b) a bachelor's degree or
				graduate degree from an accredited college or university in a field which is
				directly related to some aspect of treatment of mental illness.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.91 - CERTIFICATION OF MENTAL HEALTH PROFESSIONAL PERSONS › Subchapter 37.91.4 - Certification Requirements and Privileges › Rule 37.91.407 - PRIVILEGES OF FACILITY MENTAL HEALTH CERTIFICATION

Current through Register Vol. 13, July 5, 2024
(1) A professional person with facility
				mental health certification is qualified to:
(a) approve and monitor the implementation of
				treatment plans of inpatients in accordance with the facility's written
				policies;
(b) supervise
				nonprofessional staff in accordance with the facility's written policies;
				and
(c) supervise the day-to-day
				clinical experience of a trainee under the facility's approved training
				program.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.91 - CERTIFICATION OF MENTAL HEALTH PROFESSIONAL PERSONS › Subchapter 37.91.6 - Appeals Process › Rule 37.91.601 - APPEAL PROCESS

Current through Register Vol. 13, July 5, 2024
(1) Any action of
				the certification committee concerning certification denial or revocation may
				be appealed to the director of the department. All findings and actions of the
				director will be binding on the certification committee.
(2) The notice of appeal must be directed to
				the director of the department who may appoint a hearings officer.
(3) The appeal must be in writing setting
				forth the nature of the grievance and arguments supporting the grievance and
				actions desired. The appealing party may also present oral argument before the
				director or hearings officer.
(4)
				All parties to the appeal will be notified in writing ten days prior to the
				hearing. The written notice must contain as a minimum, the date, day, time, and
				location of the hearing.
(5) The
				guidelines for conducting the hearing will be established by the
				director.
(6) Any party to the
				appeal who is dissatisfied with the written decision of the director may appeal
				to the appropriate district court.
53-21-106,
					 MCA; IMP,
					 53-21-106,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.93 - LICENSURE OF CHILD PLACING AGENCIES › Subchapter 37.93.1 - General Requirements › Rule 37.93.101 - CHILD-PLACING AGENCY: DEFINITIONS

Current through Register Vol. 13, July 5, 2024
(1) "Agency
				youth foster home" means a youth foster home licensed by the department after
				being studied by a child placing agency other than the department.
(2) "Biological parent" or "birth parent"
				means the mother and father who conceived and gave birth to the
				child.
(3) "Child" or "youth" means
				any person under the age of 18 years without regard to sex or
				emancipation.
(4) "Child-placing
				agency" (agency) means any corporation, partnership, association, firm, agency,
				institution, or person, other than an attorney or health care provider acting
				under
				52-8-103(2),
				MCA, who places or who arranges for the placement of any child with any family,
				person, or facility not related by blood or marriage, either for foster care or
				for adoption.
(a) "To arrange for placement"
				means to act as an intermediary by assisting a parent, guardian or legal
				custodian to place or plan to place a child with persons other than persons
				related to the child.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.93 - LICENSURE OF CHILD PLACING AGENCIES › Subchapter 37.93.1 - General Requirements › Rule 37.93.105 - CHILD PLACING AGENCY: GOVERNING BODY

Current through Register Vol. 13, July 5, 2024
(1) The
				governing body shall be the corporation, partnership, association, firm,
				agency, institution or person in whom the ultimate authority and legal
				responsibility is vested for the conduct of the child placing agency.
(2) The governing body shall be identified by
				its legal name. If the governing body has a board of directors, the names of
				the officers of the board shall be given to the department prior to
				licensure.
(3) The governing body
				of the child placing agency shall:
(a) be
				responsible for the protection of the legal rights of children served by the
				agency;
(b) be responsible for
				approval of the budget, obtaining and disbursing the agency's funds;
(c) appoint an executive director who meets
				the requirements and certify that staff members responsible for placement of
				children and/or conducting a licensing study meet the requirements set forth in
				these rules.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.93 - LICENSURE OF CHILD PLACING AGENCIES › Subchapter 37.93.1 - General Requirements › Rule 37.93.110 - CHILD PLACING AGENCY: PERSONNEL

Current through Register Vol. 13, July 5, 2024
(1)
				Personnel policy. Each child placing agency must have a written personnel
				policy covering at least the following items: job qualifications, job
				descriptions, supervisory structure, salary schedules, fringe benefits,
				insurance, hours of work, and performance evaluations.
(2) Personnel records. Each child placing
				agency must maintain a personnel file for each employee. The personnel file
				must contain: application for employment, reports from references, record of
				in-service training or other training acquired after the date of hiring, and
				periodic performance evaluations for each employee.
(3) General personnel qualifications. All
				child placing agency personnel responsible for providing services to children
				and/or conducting a licensing study must meet the following general
				qualifications:
(a) be at least 18 years of
				age;
(b) be of good
				character;
(c) be emotionally
				mature and stable;
(d) like and
				understand children;
(e) be in good
				mental and physical health;
(f)
				understand the purpose of the agency and be willing to carry out its policies
				and programs;
(g) have experience
				in working with children; and
(h)
				meet any additional qualifications for the position established by these
				rules.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.93 - LICENSURE OF CHILD PLACING AGENCIES › Subchapter 37.93.2 - License Requirements › Rule 37.93.201 - CHILD PLACING AGENCY: LICENSE REQUIRED

Current through Register Vol. 13, July 5, 2024
(1)
				No person shall maintain or operate a child placing agency without first
				securing a license in writing from the department.
Sec.
					 53-4-111
					 and
					 53-4-403,
					 MCA; IMP, Sec.
					 53-4-113
					 and
					 53-4-403,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.93 - LICENSURE OF CHILD PLACING AGENCIES › Subchapter 37.93.2 - License Requirements › Rule 37.93.203 - CHILD PLACING AGENCY: LICENSES

Current through Register Vol. 13, July 5, 2024
(1) One-year
				licenses. The department shall issue a 1-year license to any license applicant
				that meets all requirements established by these rules in this subchapter, as
				determined by the department after a licensing study.
(a) The department shall renew the license
				annually on the expiration date of the previous year's license if:
(i) the child placing agency makes written
				application for renewal at least 60 days prior to the expiration date of its
				current license; and
(ii) the child
				placing agency continues to meet all requirements established by these rules,
				as determined by the department after a relicensing study.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.93 - LICENSURE OF CHILD PLACING AGENCIES › Subchapter 37.93.2 - License Requirements › Rule 37.93.204 - CHILD PLACING AGENCY: LICENSE REVOCATION AND DENIAL

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 finding that:
(a) the agency is not in substantial
				compliance with licensing requirements established by these rules;
(b) the agency has made any
				misrepresentations to the department, either negligent or intentional,
				regarding any aspect of its operations or facility; or
(c) the agency or a member of its staff have
				been named as a perpetrator in a substantiated report of child abuse or
				neglect.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.93 - LICENSURE OF CHILD PLACING AGENCIES › Subchapter 37.93.2 - License Requirements › Rule 37.93.210 - CHILD PLACING AGENCY, APPLICABLE HEARING PROCEDURES

Current through Register Vol. 13, July 5, 2024
(1) Any person aggrieved by an adverse
				department action denying, revoking, suspending or restricting a license may
				request a hearing as provided in ARM
				37.5.304,
				37.5.305,
				37.5.307,
				37.5.310,
				37.5.311,
				37.5.313,
				37.5.316,
				37.5.318,
				37.5.322,
				37.5.325,
				37.5.328,
				37.5.331,
				37.5.334 and
				37.5.337.
Sec.
					 53-4-111
					 and
					 53-4-403(3),
					 MCA; IMP, Sec.
					 53-4-113(4)
					 and
					 53-4-403,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.93 - LICENSURE OF CHILD PLACING AGENCIES › Subchapter 37.93.5 - Records › Rule 37.93.501 - CHILD PLACING AGENCY: CONFIDENTIALITY OF RECORDS

Current through Register Vol. 13, July 5, 2024
(1) All records maintained by an agency
				pertaining to an individual child are confidential and may not be disclosed to
				any person, agency or organization except as specified in
				40-8-126,
				MCA, and
				50-15-206,
				MCA.
(2) All records pertaining to
				individual children placed by the agency shall be made available at any time to
				the department's designated representatives.
Sec.
					 53-4-111
					 and
					 53-4-403,
					 MCA; IMP, Sec.
					 53-4-113
					 and
					 53-4-403,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.93 - LICENSURE OF CHILD PLACING AGENCIES › Subchapter 37.93.5 - Records › Rule 37.93.505 - CHILD PLACING AGENCY: ADOPTIVE CHILD'S RECORD

Current through Register Vol. 13, July 5, 2024
(1) The agency shall maintain individual
				records for each child placed in any adoptive home. The records shall be
				current to the date of adoption and shall contain the following if applicable:
(a) demographic information including the
				name, address, sex, race, birth date, and birth place of the child;
(b) the name, address, telephone number, and
				marital status of the parent(s) and guardian(s) of the child;
(c) the name, address, and telephone number
				of siblings if placed elsewhere and other significant relatives if
				available;
(d) copies of legal
				documents of importance to the child, such as birth record and any court
				dispositions;
(e) the medical
				history, cumulative health record, and available psychological and psychiatric
				reports;
(f) the social assessment
				and background of the family and parent(s) ;
(g) a summary which reflects the dates of
				contact, initial assessment, case plan, and content of the worker's
				visits;
(h) the circumstances
				leading to the decision to place a child, the agency's involvement with the
				parent(s), including services offered, delivered, or rejected;
(i) educational records and
				reports;
(j) summary of any
				administrative or outside service reviews on the progress of each child toward
				goal determination;
(k) summary of
				the child's contacts with family members; and
(l) a record of the child's placements with
				names of caregivers, addresses, and date of care.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.93 - LICENSURE OF CHILD PLACING AGENCIES › Subchapter 37.93.5 - Records › Rule 37.93.510 - CHILD PLACING AGENCY: BIRTH FAMILY RECORDS

Current through Register Vol. 13, July 5, 2024
(1)
				The agency shall maintain a record of the birth family of every child whom the
				agency places into care. Such records shall contain:
(a) demographic information including
				address, birth dates, race, religion, family composition, and interested
				others;
(b) the social history,
				including any psychological or psychiatric reports and medical
				histories;
(c) strengths and needs
				of the family and the services required;
(d) worker's assessment and initial case
				plan;
(e) signed agreements between
				the agency and family;
(f) summary
				of dates of contact and progress toward goals;
(g) case review reports;
(h) legal documents which grant the agency
				the legal authority to place the child for adoption; and
(i) discharge summary.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.93 - LICENSURE OF CHILD PLACING AGENCIES › Subchapter 37.93.5 - Records › Rule 37.93.511 - CHILD PLACING AGENCY: ADOPTIVE STUDY RECORDS

Current through Register Vol. 13, July 5, 2024
(1) The agency shall keep separate records
				for each adoptive family which contain:
(a)
				the application;
(b) the adoptive
				assessment study;
(c) current
				medical records of the family;
(d)
				references from at least three sources;
(e) a copy of the information given to the
				parent(s) concerning child(ren) to be placed for adoption with them;
(f) all legal documents pertaining to the
				adoption; and
(g) summary
				containing the placement decision, preplacement and post-placement contacts
				with the family and the adoptive child.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.93 - LICENSURE OF CHILD PLACING AGENCIES › Subchapter 37.93.5 - Records › Rule 37.93.515 - CHILD PLACING AGENCY: YOUTH FOSTER HOME RECORDS

Current through Register Vol. 13, July 5, 2024
(1) The agency shall keep separate records
				for each agency youth foster home which shall contain:
(a) the application;
(b) the foster home licensing
				study;
(c) foster parent(s) CSD 33
				Personal Statement of Health for Licensure;
(d) annual assessment of strengths and
				weaknesses of the foster family relative to the care of individual children
				placed with them;
(e) annual
				licensing compliance study and reports connected with it;
(f) history of the care given by the family,
				children placed, dates admitted and discharged from care; and
(g) a termination summary for homes which are
				closed containing the reasons for the closing.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.93 - LICENSURE OF CHILD PLACING AGENCIES › Subchapter 37.93.7 - Placement Services › Rule 37.93.701 - CHILD PLACING AGENCY: SERVICES TO FOSTER PARENT(S)

Current through Register Vol. 13, July 5, 2024
(1) Orientation. The agency shall provide
				orientation to applicant(s) for an agency youth foster home license to acquaint
				them with the agency's policies and practices and the department's licensing
				rules.
(2) Agreement. The agency
				shall have a signed agreement with all foster parent(s) which includes the
				following:
(a) expectations and
				responsibilities of the agency, the staff, and the foster parent(s) ;
(b) the services to be provided;
(c) the financial arrangements for the
				children placed in the home;
(d)
				the authority the foster parent(s) can exercise for the children placed in
				their home;
(e) the actions which
				require agency staff authorization; and
(f) the legal responsibility for damage or
				risk resulting from children in their homes.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.93 - LICENSURE OF CHILD PLACING AGENCIES › Subchapter 37.93.7 - Placement Services › Rule 37.93.705 - CHILD PLACING AGENCY: THE PLACEMENT PROCESS

Current through Register Vol. 13, July 5, 2024
In addition to an agency's responsibility to study and
				  supervise the ongoing operation of its licensed agency youth foster homes, the
				  agency shall comply with the following requirements applicable to the placement
				  process:
(1) Intake procedures and
				practices.
(a) The intake study shall be
				written and shall include:
(i) the
				identification of the specific needs of the child and family which warrant
				consideration of removal and placement of the child;
(ii) the family's strengths;
(iii) the involvement of the child's
				parent(s) and significant others in his/her care;
(iv) the available resources;
(v) the stated goals for the
				family;
(vi) available social and
				medical history of the child and all family members; and
(vii) the child's legal status, including
				parental agreement/court order.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.93 - LICENSURE OF CHILD PLACING AGENCIES › Subchapter 37.93.7 - Placement Services › Rule 37.93.708 - CHILD PLACING AGENCY: ADOPTIVE SERVICES

Current through Register Vol. 13, July 5, 2024
In addition to the child placing agency licensing
				  requirements, those agencies that place children for adoption must meet the
				  following requirements:
(1) Adoptive
				home recruitment:
(a) Agencies serving Indian
				children shall actively recruit Indian homes and shall comply with the
				placement requirements contained in the Indian Child Welfare Act ( 42 USC 1901
				et seq.).
(b) The agency shall
				provide information to prospective adoptive parent(s) about the adoption
				process:
(i) the agency's policies and
				practices, legal procedures and the approximate time the process will take,
				adoptive requirements, types of children placed, the fees, and the availability
				of subsidy.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.93 - LICENSURE OF CHILD PLACING AGENCIES › Subchapter 37.93.7 - Placement Services › Rule 37.93.715 - CHILD PLACING AGENCY: REPORTS

Current through Register Vol. 13, July 5, 2024
(1) The agency
				shall agree to submit to the department, upon its request, any reports required
				by federal or state law or regulation.
(2) The agency shall report any of the
				following changes to the department prior to the effective date of the change:
(a) a change of administrator;
(b) a change in location;
(c) a change in the name of the
				agency.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.93 - LICENSURE OF CHILD PLACING AGENCIES › Subchapter 37.93.7 - Placement Services › Rule 37.93.716 - CHILD PLACING AGENCY: CONDUCTING LICENSING STUDIES OF AGENCY FOSTER HOME

Current through Register Vol. 13, July 5, 2024
(1) Licensed child placing agencies are
				authorized by these rules to conduct licensing studies of youth foster homes
				and to make recommendations to the department for approval or denial of the
				license consistent with the licensing requirements adopted by the department.
(a) The licensing requirements which are
				established by the department for youth foster homes must be met by any foster
				home being recommended by the child placing agency for licensure.
(b) Copies of the licensing rules for youth
				foster homes shall be supplied by the department to each child placing agency
				which shall provide copies to each youth foster home applicant.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.95 - LICENSURE OF DAY CARE FACILITIES › Subchapter 37.95.1 - General Requirements › Rule 37.95.101 - CHILD CARE SERVICES, PURPOSES, AND LICENSING (REPEALED)

Current through Register Vol. 13, July 5, 2024
52-2-704,
					 53-4-212,
					 53-4-503,
					 MCA; IMP,
					 52-2-702,
					 52-2-713,
					 52-2-721,
					 53-2-201,
					 53-4-211,
					 53-4-502,
					 53-4-601,
					 53-4-611,
					 53-4-612,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.95 - LICENSURE OF DAY CARE FACILITIES › Subchapter 37.95.1 - General Requirements › Rule 37.95.102 - DEFINITIONS (REPEALED)

Current through Register Vol. 13, July 5, 2024
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 37.95 - LICENSURE OF DAY CARE FACILITIES › Subchapter 37.95.1 - General Requirements › Rule 37.95.103 - FAMILY, FRIEND, AND NEIGHBOR (FFN) PROVIDERS: REQUIREMENTS AND PROCEDURES (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 52-2-704, MCA; IMP:
					 52-2-704,
					 52-2-713,
					 52-2-721,
					 52-2-722,
					 52-2-731,
					 MCA
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.95 - LICENSURE OF DAY CARE FACILITIES › Subchapter 37.95.1 - General Requirements › Rule 37.95.104 - DETERMINATION OF NEED FOR LICENSE OR REGISTRATION: COUNTING PROVIDER'S OWN CHILDREN (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 52-2-704, MCA; IMP:
					 52-2-704,
					 52-2-731,
					 MCA
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.95 - LICENSURE OF DAY CARE FACILITIES › Subchapter 37.95.1 - General Requirements › Rule 37.95.105 - DETERMINATION OF NUMBER OF CHILDREN UNDER CARE: COUNTING PROVIDER'S AND OTHER CHILDREN (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 52-2-704, MCA; IMP:
					 52-2-704,
					 52-2-731,
					 MCA
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.95 - LICENSURE OF DAY CARE FACILITIES › Subchapter 37.95.1 - General Requirements › Rule 37.95.106 - CHILD CARE FACILITIES, REGISTRATION, OR LICENSING (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 52-2-704, MCA; IMP:
					 52-2-704,
					 52-2-722,
					 52-2-723,
					 52-2-731,
					 MCA
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.95 - LICENSURE OF DAY CARE FACILITIES › Subchapter 37.95.1 - General Requirements › Rule 37.95.107 - PERSONS AFFECTED BY DEPARTMENT RECORDS (REPEALED)

Current through Register Vol. 13, July 5, 2024
52-2-704,
					 MCA; IMP,
					 52-2-702,
					 52-2-704,
					 52-2-731,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.95 - LICENSURE OF DAY CARE FACILITIES › Subchapter 37.95.1 - General Requirements › Rule 37.95.108 - CHILD CARE FACILITIES, REGISTRATION, AND LICENSING PROCEDURES (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 52-2-704, MCA; IMP:
					 52-2-704,
					 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 37.95 - LICENSURE OF DAY CARE FACILITIES › Subchapter 37.95.1 - General Requirements › Rule 37.95.109 - CAREGIVER QUALIFICATIONS FOR ALL DAY CARE FACILITIES (REPEALED)

Current through Register Vol. 13, July 5, 2024
52-2-704,
					 MCA; IMP,
					 52-2-723,
					 52-2-731,
					 52-2-735,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.95 - LICENSURE OF DAY CARE FACILITIES › Subchapter 37.95.1 - General Requirements › Rule 37.95.110 - RELATIVE CARE EXEMPT (RCE) PROVIDERS: REQUIREMENTS AND PROCEDURES (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 52-2-704, MCA; IMP:
					 52-2-703,
					 52-2-704,
					 52-2-713,
					 52-2-721,
					 52-2-722,
					 52-2-723,
					 52-2-731,
					 MCA
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.95 - LICENSURE OF DAY CARE FACILITIES › Subchapter 37.95.1 - General Requirements › Rule 37.95.112 - COUNTING CHILDREN IN CARE (REPEALED)

Current through Register Vol. 13, July 5, 2024
52-2-704,
					 MCA; IMP,
					 52-2-704,
					 52-2-731,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.95 - LICENSURE OF DAY CARE FACILITIES › Subchapter 37.95.1 - General Requirements › Rule 37.95.113 - INFANT NEEDS OF NON-INFANTS (REPEALED)

Current through Register Vol. 13, July 5, 2024
52-2-704,
					 MCA; IMP,
					 52-2-704,
					 52-2-731,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.95 - LICENSURE OF DAY CARE FACILITIES › Subchapter 37.95.1 - General Requirements › Rule 37.95.115 - DAY CARE PARENT INFORMATION (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 52-2-704, MCA; IMP:
					 52-2-723,
					 52-2-731,
					 52-2-735,
					 MCA
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.95 - LICENSURE OF DAY CARE FACILITIES › Subchapter 37.95.1 - General Requirements › Rule 37.95.116 - FAMILY CHILD CARE HOME AND GROUP CHILD CARE HOME REGISTRATION SERVICES PROVIDED (REPEALED)

Current through Register Vol. 13, July 5, 2024
53-4-503,
					 MCA; IMP,
					 53-4-504,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.95 - LICENSURE OF DAY CARE FACILITIES › Subchapter 37.95.1 - General Requirements › Rule 37.95.117 - CHILD CARE FACILITIES, JOINT PROGRAMS (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 52-2-704, MCA; IMP:
					 52-2-731,
					 MCA
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.95 - LICENSURE OF DAY CARE FACILITIES › Subchapter 37.95.1 - General Requirements › Rule 37.95.121 - CHILD CARE FACILITIES: SAFETY REQUIREMENTS (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 52-2-704,
					 52-2-731, MCA; IMP:
					 52-2-704,
					 52-2-723,
					 52-2-731,
					 52-2-734,
					 52-2-735,
					 MCA
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.95 - LICENSURE OF DAY CARE FACILITIES › Subchapter 37.95.1 - General Requirements › Rule 37.95.124 - CHILD CARE FACILITIES: EMERGENCY DISASTER AND ACTION PLANS (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 52-2-704, MCA; IMP:
					 52-2-704,
					 52-2-723,
					 52-2-731,
					 52-2-734,
					 MCA
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.95 - LICENSURE OF DAY CARE FACILITIES › Subchapter 37.95.1 - General Requirements › Rule 37.95.125 - CHILD CARE FACILITY AND BLOCK GRANT BENEFITS, HEARING (REPEALED)

Current through Register Vol. 13, July 5, 2024
2-4-201,
					 52-2-704,
					 MCA; IMP,
					 2-4-201,
					 52-2-726,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.95 - LICENSURE OF DAY CARE FACILITIES › Subchapter 37.95.1 - General Requirements › Rule 37.95.126 - DAY CARE FACILITIES, SMOKE-FREE ENVIRONMENT (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 52-2-704, MCA; IMP:
					 52-2-704,
					 52-2-731,
					 MCA
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.95 - LICENSURE OF DAY CARE FACILITIES › Subchapter 37.95.1 - General Requirements › Rule 37.95.127 - CHILD CARE FACILITIES: SWIMMING (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 52-2-704, MCA; IMP:
					 52-2-731,
					 52-2-735,
					 MCA
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.95 - LICENSURE OF DAY CARE FACILITIES › Subchapter 37.95.1 - General Requirements › Rule 37.95.128 - DOCUMENTATION OF THE ABSENCE OF UNUSUAL HEALTH RISKS FOR CHILDREN UNDER AGE TWO (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 52-2-704, MCA; IMP:
					 52-2-731,
					 MCA
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.95 - LICENSURE OF DAY CARE FACILITIES › Subchapter 37.95.1 - General Requirements › Rule 37.95.132 - TRANSPORTATION (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 52-2-704, MCA; IMP:
					 52-2-704,
					 52-2-723,
					 52-2-731,
					 52-2-733,
					 MCA
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.95 - LICENSURE OF DAY CARE FACILITIES › Subchapter 37.95.1 - General Requirements › Rule 37.95.139 - CHILD CARE FACILITIES: HEALTH CARE REQUIREMENTS (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 52-2-704,
					 52-2-735, MCA; IMP:
					 52-2-704,
					 52-2-723,
					 52-2-731,
					 52-2-735,
					 MCA
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.95 - LICENSURE OF DAY CARE FACILITIES › Subchapter 37.95.1 - General Requirements › Rule 37.95.140 - IMMUNIZATION (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 52-2-704,
					 52-2-735, MCA; IMP:
					 52-2-704,
					 52-2-735,
					 MCA