reglab/statecodes huggingface dataset:
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.96 - RESERVED › Subchapter 37.96.1 - NEW › Rule 37.96.107 - LICENSE OR REGISTRATION APPLICATION

Current through Register Vol. 13, July 5, 2024
(1) Any
				individual, agency, or group may apply for a license or registration to operate
				a child care facility. Applications may be obtained from the Department of
				Public Health and Human Services, Early Childhood and Family Support Division,
				Child Care Licensing Program, P.O. Box 4210, Helena, MT 59620-4210 or at
https://dphhs.mt.gov/ecfsd/childcare/childcarelicensing
.
(2) Applications for a license or
				registration by American Indians residing on American Indian reservations must
				follow the requirements of
				52-2-722, MCA.
(3) The department will determine whether or
				not a license or registration will be issued within 30 days of receipt of the
				application.
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 37.96 - RESERVED › Subchapter 37.96.1 - NEW › Rule 37.96.108 - RCE AND FFN APPLICATION REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1) RCE
				and FFN providers must meet the following requirements to be registered under
				this chapter:
(a) be 18 years old or
				older;
(b) limit the care they
				provide to a period of less than 24 consecutive hours;
(c) have satisfactory results of background
				checks for the applicant as set forth in ARM 37.96.1001. If care is provided in
				the applicant's home, all adults who reside there must also have satisfactory
				results of background checks;
(d)
				complete orientation approved by the department that includes health and safety
				training; and
(e) complete a
				department-approved health and safety review course at least every three
				years.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.96 - RESERVED › Subchapter 37.96.1 - NEW › Rule 37.96.111 - ISSUING A LICENSE OR REGISTRATION

Current through Register Vol. 13, July 5, 2024
(1) The
				department must conduct a pre-inspection with all child care center, school-age
				care, drop-in child care, group child care, and family child care license or
				registration applicants before the applicant can care for children.
(a) FFN and RCE providers are not subject to
				pre-inspection requirements.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.96 - RESERVED › Subchapter 37.96.1 - NEW › Rule 37.96.112 - RENEWING A LICENSE OR REGISTRATION

Current through Register Vol. 13, July 5, 2024
(1) A
				child care provider must submit an application for renewal at least 60 days
				prior to expiration of the license or registration.
(2) Provided a complete renewal application
				is filed timely, the expiring license or registration will remain in effect
				until the department makes a determination on the renewal
				application.
AUTH:
					 52-2-704, MCA; IMP:
					 52-2-704,
					 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 37.96 - RESERVED › Subchapter 37.96.1 - NEW › Rule 37.96.113 - LICENSE OR REGISTRATION APPLICATION DENIAL

Current through Register Vol. 13, July 5, 2024
(1) A child care license or registration
				application must be denied if:
(a) the
				application process has exceeded 90 days from the date the application is
				received because the applicant has not submitted all required materials to the
				department;
(b) the applicant
				discriminates in the provision of child care services on the basis of the race,
				sex, religion, creed, color, age, marital status, mental or physical
				disability, or national origin of the parent/guardian or the child;
				or
(c) background check results
				include offenses on the part of the applicant, any adult residing in the child
				care facility, or other adult who regularly or frequently stays in the
				facility.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.96 - RESERVED › Subchapter 37.96.1 - NEW › Rule 37.96.114 - TECHNICAL ASSISTANCE

Current through Register Vol. 13, July 5, 2024
(1) The department
				provides the following licensing and registration support:
(a) assistance to current and prospective
				providers to understand and meet licensing and registration
				requirements;
(b) consultation with
				child care providers on enrichment experiences for children, proper
				environment, and nutrition; and
(c)
				referral services and technical assistance to child care providers for staff
				training and development. Technical assistance may be concurrent with other
				department actions.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.96 - RESERVED › Subchapter 37.96.1 - NEW › Rule 37.96.117 - LICENSE OR REGISTRATION ASSIGNMENT

Current through Register Vol. 13, July 5, 2024
(1) A
				license or registration is valid only for the licensee or registered provider
				and premises for which it was issued. A license or registration may not be
				sold, assigned, or transferred.
(2)
				Separate licenses or registrations are required for child care facilities
				maintained on separate premises, even when operated by the same
				provider.
AUTH:
					 52-2-704, MCA; IMP:
					 52-2-704,
					 52-2-721,
					 52-2-723,
					 52-2-731,
					 MCA
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.96 - RESERVED › Subchapter 37.96.1 - NEW › Rule 37.96.118 - FACILITIES INSPECTIONS

Current through Register Vol. 13, July 5, 2024
(1) The department
				may inspect the conditions and qualifications of licensed or registered child
				care facilities or applicants during child care business hours.
(a) The department may conduct unannounced
				inspections of licensed or registered child care facilities.
(b) The department must schedule inspections
				for FFN providers.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.96 - RESERVED › Subchapter 37.96.1 - NEW › Rule 37.96.121 - REQUIREMENTS FOR FACILITIES OPERATING WITH JOINT PROGRAMS

Current through Register Vol. 13, July 5, 2024
(1) A child care facility operating in
				connection with another activity unrelated to child care must meet the
				following requirements:
(a) have separate
				staff and separate space for each program. However, staff and space may be
				shared for janitorial, maintenance, cooking, or other support
				services;
(b) children attending
				the child care facility must not come in contact with other persons unrelated
				to child care in the facility unless the provider can prove to the department's
				satisfaction that those persons will not pose any threat to the health, safety,
				and well-being of the children in child care; and
(c) if multiple programs, including multiple
				child care facilities in the same commercial building, increase the number of
				people regularly in the building to 16 or more children, the child care
				facility must comply with all fire, safety, and sanitation requirements for
				licensed child care facilities.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.96 - RESERVED › Subchapter 37.96.1 - NEW › Rule 37.96.122 - WAIVERS AND PILOT PROJECTS

Current through Register Vol. 13, July 5, 2024
(1) New and
				renewal license or registration applications may include written requests to
				waive any provision of a rule within the child care licensing chapter. The
				department and its partner agencies (e.g., local public health departments) may
				grant waivers if the department determines that the health and safety of the
				children in care are not diminished. The written request must:
(a) include the basis for request, such as
				significant hardship to provider or facility;
(b) propose an alternative that is consistent
				with best practices in early childhood or school-age care; and
(c) demonstrate that the alternative will
				meet the intent of the rule.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.96 - RESERVED › Subchapter 37.96.2 - NEW › Rule 37.96.201 - PROGRAMMING DEFINITIONS

Current through Register Vol. 13, July 5, 2024
(1) "Guidance
				approach" means the use of direction to resolve mistaken behavior without
				punishment.
(2) "Positive child
				guidance" means age-appropriate, non-punitive methods used to redirect a child
				to achieve a desired behavior.
(3)
				"Programming" means the activities, schedules, and curriculum of a child care
				facility.
(4) "Punishment" means
				any form of discipline that causes pain, discomfort, humiliation, shame, or
				fear, including name-calling, spanking, slapping, pinching, pulling, and
				hitting with an object.
(5) "Screen
				time" means time during which content on a mobile phone, tablet, computer,
				television, or other device can be viewed.
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 37.96.2 - NEW › Rule 37.96.202 - GENERAL PROGRAMMING REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1)
				Child care centers, group child care facilities, family child care facilities,
				and licensed drop-in child care facilities must have a written plan of daily
				activities and routines. Programming must:
(a)
				be flexible to accommodate the ages and needs of individual children and the
				group. Both active and passive learning experiences, and outdoor play each day
				except when precluded by weather, must be provided under direct
				supervision;
(b) ensure facilities
				provide durable, safe, clean, and child-sized furniture or furniture adapted
				for children's use; and
(c) limit
				screen time.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.96 - RESERVED › Subchapter 37.96.2 - NEW › Rule 37.96.205 - INFANT AND TODDLER ACTIVITIES

Current through Register Vol. 13, July 5, 2024
(1) Child
				care centers, group child care facilities, family child care facilities, and
				licensed drop-in child care facilities that provide care for children under 36
				months old must have a written plan of daily activities and routines that
				ensures:
(a) a child who is awake must not
				spend more than 30 minutes of consecutive time confined in a crib, playpen,
				jump chair, highchair, or other apparatus; and
(b) each infant can maintain the infant's own
				pattern of sleeping and waking periods according to instructions from the
				parents/guardians.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.96 - RESERVED › Subchapter 37.96.2 - NEW › Rule 37.96.206 - POSITIVE CHILD GUIDANCE

Current through Register Vol. 13, July 5, 2024
(1) All staff of
				licensed and registered child care facilities must use guidance approaches
				appropriate to the child's age and developmental level to help children resolve
				conflicts, manage transitions, engage in challenging situations, or express
				feelings, needs, and wants.
(a) Positive child
				guidance should include forming positive adult-child relationships, clear
				direction, showing positive alternatives, redirection, and setting expectations
				and clear limits that foster the child's ability to self-regulate.
(b) All staff must model appropriate
				behaviors for children.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.96 - RESERVED › Subchapter 37.96.3 - NEW › Rule 37.96.301 - ADMINISTRATIVE DEFINITIONS

Current through Register Vol. 13, July 5, 2024
(1) "Abusive head
				trauma" means a preventable and severe form of physical child abuse that
				results in an injury to the brain of a child caused by violent shaking and/or
				blunt impact.
(2) "Expulsion" or
				"expel" means terminating the enrollment of a child.
(3) "Shaken baby syndrome" is a preventable,
				severe form of physical child abuse resulting from violently shaking an infant
				by the shoulders, arms, or legs, and which may result from both shaking alone
				or from shaking with impact.
(4)
				"Suspension" means reducing the amount of time a child may be in attendance,
				either by requiring the child to stop attending for a particular period of time
				or reducing the number of days or hours a child may attend. Requiring a child
				to attend the facility in a special place away from the other children in the
				regular group setting is included in this definition.
(5) "Volunteer" means any person who is not
				compensated with employment pay or benefits.
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 37.96.3 - NEW › Rule 37.96.302 - EMERGENCY COMMUNICATION

Current through Register Vol. 13, July 5, 2024
(1) Each licensed
				or registered child care facility must have:
(a) a working telephone;
(b) telephone numbers of emergency services
				and the Emergency Montana Poison Control Center (800) 222-1222 posted where
				they are visible to staff; and
(c)
				emergency contact information for each child easily accessible to staff in a
				location that maintains privacy for families.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.96 - RESERVED › Subchapter 37.96.3 - NEW › Rule 37.96.303 - POLICY REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1) All licensed
				child care providers and registered group or family child care providers must
				adopt and follow written policies for first aid consistent with recommendations
				from Caring for Our Children: National Health and Safety Performance Standards,
				Guidelines for Early Care and Education Programs. These must include:
(a) procedures for handling medical
				emergencies;
(b) a plan for
				preventing and responding to emergencies due to food and allergic
				reactions;
(c) a plan for providing
				cardiopulmonary resuscitation (CPR) in a timely manner;
(d) directions to complete an incident or
				injury report:
(i) if the incident requires
				only onsite first aid, a copy of the report must be provided to the
				parents/guardians of the children involved, and a copy retained on file at the
				child care facility.
(ii) if the
				incident requires emergency services, hospitalization, or medical treatment, a
				copy of the report must be provided to the parents/guardians of the children
				involved, and a copy retained on file at the child care facility. The provider
				must inform also CCL within 24 hours of the incident;
(e) directions for calling parents/guardians
				or someone else designated as responsible for the child when a child is sick or
				injured; and
(f) a medication
				administration policy which must include:
(i)
				types of medication which may be administered;
(ii) medication administration procedures for
				each child, including the route of medication administration, the amount of
				medication given, and the times when medication is to be administered; and
(iii) a parent/guardian
				authorization.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.96 - RESERVED › Subchapter 37.96.3 - NEW › Rule 37.96.306 - RECORD RETENTION

Current through Register Vol. 13, July 5, 2024
(1) Licensed and
				registered child care providers may maintain records in paper or electronic
				format, with the exception of the state-issued emergency contact and consent
				form, which needs to be in paper form. The department must be able to easily
				access such records. Records may be stored on-site or in the facility's
				administrative office, except the state-issued emergency contact and consent
				form which must be stored on-site.
(a) The
				provider must make records available during normal working hours to
				representatives of the department.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.96 - RESERVED › Subchapter 37.96.3 - NEW › Rule 37.96.307 - PROGRAM RECORDS

Current through Register Vol. 13, July 5, 2024
(1) Licensed and
				registered child care providers must maintain the following records as
				applicable to the program type:
(a) All
				licensed and registered child care providers must maintain:
(i) a copy of the current license or
				registration, inspection reports by department staff, and correction plans for
				deficiencies;
(ii) documentation
				that any vehicle used for transportation of children while in care is
				registered and insured in accordance with state law;
(iii) results of well-water tests and lead
				paint tests, as applicable;
(iv)
				documentation that the facility complies with sewer requirements of this
				chapter;
(v) a log of fire
				extinguisher and smoke detector checks;
(vi) a medication administration log if
				medications are administered at the facility; and
(vii) a real-time attendance record of the
				children in care.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.96 - RESERVED › Subchapter 37.96.3 - NEW › Rule 37.96.308 - CHILDREN'S RECORDS

Current through Register Vol. 13, July 5, 2024
(1) All child care
				staff and volunteers must maintain personal information about a child and the
				child's family as confidential.
(2)
				All licensed and registered child care providers must have the following
				information prior to a child being enrolled in a child care facility. Forms
				must be signed by the parent or guardian:
(a)
				Written health information explaining any special medical needs of the child,
				including allergies, and a health care and medication plan if medication for
				chronic health conditions is required.
(i)
				Child care providers administering medications must have necessary medical
				documentation, including medication authorizations, the name of a health care
				provider to be contacted in event of an emergency, and the prescription, if
				required.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.96 - RESERVED › Subchapter 37.96.3 - NEW › Rule 37.96.311 - STAFF RECORDS

Current through Register Vol. 13, July 5, 2024
(1) If a licensed
				or registered child care provider employs staff, the provider must maintain the
				following records for each staff member:
(a)
				contact information; and
(b)
				acknowledgment of, and agreement to follow, program policies for:
(i) identifying and preventing shaken baby
				syndrome and abusive head trauma;
(ii) mandatory reporting; and
(iii) safe sleep, if the program provides
				care for children under two years old.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.96 - RESERVED › Subchapter 37.96.3 - NEW › Rule 37.96.312 - FAMILY ACCESS TO INFORMATION

Current through Register Vol. 13, July 5, 2024
(1) Before a
				child is enrolled at any licensed child care facility or registered group or
				family child care facility, the following information must be made available to
				all parents/guardians:
(a) a typical daily
				schedule of activities;
(b)
				admission requirements, enrollment procedures, and hours of
				operations;
(c) frequency and type
				of meals and snacks served;
(d)
				fees and payment plan;
(e)
				regulations concerning sick children;
(f) transportation and trip arrangements, if
				applicable;
(g) positive child
				guidance policy; and
(h) expulsion
				and suspension policy.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.96 - RESERVED › Subchapter 37.96.3 - NEW › Rule 37.96.313 - NOTIFICATIONS TO THE DEPARTMENT

Current through Register Vol. 13, July 5, 2024
(1) Within ten
				days of the change, providers must notify the department of any changes that
				would affect the terms of the license or registration, including changes in
				staff, temporary or permanent closures, change in ownership of the program,
				changes in the category of license or registration based on the number and ages
				of children in child care, change to the business or mailing address, or
				changes to the child care property.
(2) All staff and owners of licensed and
				registered child care facilities are mandatory reporters of suspected child
				abuse and neglect pursuant to
				41-3-201, MCA. Any child care
				staff member or owner who has reason to suspect that any child is or has been
				abused or neglected is required to personally report the matter to the
				department's child abuse hotline at (866) 820-5437. The staff member or owner
				must make the report within 24 hours of receiving information concerning
				suspected child abuse or neglect.
(3) All licensed and registered child care
				providers must report to CCL the following events involving the child care
				facility, regardless of whether it occurs on or away from the premises within
				24 hours:
(a) a lost or missing child or an
				incident involving a child being left alone;
(b) suspected maltreatment of a
				child;
(c) suspected sexual,
				physical, or emotional abuse by staff, other children, family members, or other
				adults;
(d) injuries to children
				requiring medical or dental care;
(e) illness or injuries requiring
				hospitalization or emergency treatment;
(f) mental health emergencies;
(g) health and safety emergencies involving
				parents, guardians, and visitors to the program;
(h) death of a child or staff member, if the
				death was the result of a serious illness or injury that occurred on the
				premises of the child care facility, even if the death occurred outside of the
				child care facility;
(i) the
				presence of a threatening individual who attempts or succeeds in gaining
				entrance to the child care facility;
(j) fire involving the fire department;
				and
(k) any environmental danger or
				other hazard at the facility that the provider is aware of that could affect
				the health, welfare, or safety of children in care.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.96 - RESERVED › Subchapter 37.96.4 - NEW › Rule 37.96.401 - SAFETY AND FACILITIES DEFINITIONS

Current through Register Vol. 13, July 5, 2024
(1)
				"Bodies of water" means rivers, streams, ponds, ditches, fountains, and other
				water sources into which a child can step.
(2) "Crib" means a bed that is designed to
				provide a sleeping environment for children under two years old that meets U.S.
				Consumer Product Safety Commission requirements.
(3) "Exit" means the point (door or window)
				that allows people inside the facility to leave and move to the outside of the
				facility.
(4) "Firm sleep surface"
				means a crib mattress or a cradleboard.
(5) "Means of egress" means a continuous and
				unobstructed path from any point inside a facility to a safe place outside of
				the facility.
(6) "Portable wading
				pool" means a structure which contains water, is used for aquatic activities,
				and is less than 24 inches high.
(7) "Remote means of egress" means two exits
				whose distance apart is equal to or greater than one-half the diagonal distance
				of the space occupied to minimize the possibility that both exits will be
				blocked off by a fire or other emergency condition.
(8) "Safe sleep environment" means an
				environment where a child under 12 months old is placed on a firm sleep surface
				with no incline and no items in the sleeping environment other than a pacifier,
				and a child 12 months old or older is placed on a firm sleep surface or on a
				cot or mat. A safe sleep environment does not include waterbeds, water
				mattresses, gel pads, or sheepskin covers.
(9) "Sauna" means a small room or structure
				used for hot-air or steam baths.
(10) "Spa" means a hot tub or similar large
				tub of hot water.
(11)
				"Transportation" means any time a child is transported in a motor
				vehicle.
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 37.96.4 - NEW › Rule 37.96.402 - HAZARDS

Current through Register Vol. 13, July 5, 2024
(1) All licensed and registered child care
				providers are responsible for keeping hazardous materials and objects
				inaccessible to children in care, including personal property of staff and
				licensee.
(2) Cleaning materials,
				flammable liquids, aerosol cans, and other toxic materials must be kept in
				their original containers and in a place inaccessible to children. They must
				not contaminate play surfaces, food, food preparation areas, or constitute a
				hazard to the children when used.
(3) Bio-contaminants including blood, bodily
				fluids, and other infectious materials must be properly disposed of.
(4) The building and grounds used by children
				must be maintained to ensure the following:
(a) the building is in good repair;
(b) the floors, walls, ceilings, furnishings,
				and other equipment are easily cleanable and reasonably clean;
(c) the building and grounds are reasonably
				free of insects, rodents, and other vermin;
(d) the building and grounds are reasonably
				neat and free from the accumulation of dirt, rubbish, or other health and
				safety hazards;
(e) all rooms must
				be dry, well ventilated, and well lit; and
(f) the children attending the facility must
				not be exposed to paint containing lead in excess of .0009%.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.96 - RESERVED › Subchapter 37.96.4 - NEW › Rule 37.96.403 - ANIMALS

Current through Register Vol. 13, July 5, 2024
(1) Any pet or domesticated animal present at
				any licensed or registered child care facility, indoors or outdoors, must be in
				good health, show no evidence of carrying disease, and either pose no safety
				threat to children or adults, or be kept separate from children, families, and
				staff.
(2) Staff must closely
				supervise all interactions between children and animals and instruct children
				on safe behavior when near animals.
(3) The program is responsible for:
(a) maintaining the animal's vaccinations and
				vaccination records; and
(b) making
				vaccination records available to the department upon request.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.96 - RESERVED › Subchapter 37.96.4 - NEW › Rule 37.96.404 - BUILDING REQUIREMENTS RELATED TO EXITS

Current through Register Vol. 13, July 5, 2024
(1)
				In an emergency, all occupants must be able to escape from a child care
				facility in a safe and timely manner.
(a)
				Doorways, aisle ways, corridors, and stairs must be clear of any obstruction.
(i) Gates or guards at the top and bottom of
				stairways are allowed if they have latching devices that are easily opened by
				adults in case of emergency.
(ii)
				Sleeping equipment must be arranged to permit easy access to every child and
				unobstructed means of egress.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.96 - RESERVED › Subchapter 37.96.4 - NEW › Rule 37.96.407 - INDOOR SPACE REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1) All licensed
				and registered child care providers, except RCE providers, must ensure there is
				at least 35 square feet of usable floor space per child who will be in a room
				at any one time. A provider may request a waiver from this rule with an
				alternate plan, such as when limited indoor space is offset by sheltered
				outdoor space.
(2) Calculation of
				the required minimum 35 square feet of space per child must exclude food
				preparation areas of the kitchen, bathrooms, toilets, offices, staff rooms,
				corridors, hallways, closets, lockers, laundry areas, furnace rooms, cabinets,
				shelving, and other storage spaces.
(3) When play and sleep areas for children
				are in the same room, a minimum of 35 square feet of usable space per child
				must be provided except for:
(a) when large
				group activities, such as educational assemblies, occur; and
(b) periods when children are using their
				rest equipment.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.96 - RESERVED › Subchapter 37.96.4 - NEW › Rule 37.96.408 - OUTDOOR SPACE REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1) Outdoor play
				space must contain a minimum of 75 square feet of usable space per child
				accessing the play space at any given time. A provider may request a waiver
				from this rule if a facility does not have enough outdoor play space to
				accommodate all enrolled children at one time with an alternate plan such as:
(a) offsetting limited outdoor space with
				indoor space not included in indoor space calculations, such as a gym,
				permitting an equivalent activity program; or
(b) offsetting limited outdoor or unfenced
				space with the availability or use of a nearby school playground, parks, or
				other safe outdoor play areas.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.96 - RESERVED › Subchapter 37.96.4 - NEW › Rule 37.96.409 - FIRE SAFETY REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1) Licensed child
				care facilities must meet International Fire Code requirements to open and
				operate as a child care facility. New child care center, school-age care, or
				drop-in care providers should consult with their local jurisdiction or state
				fire marshal before selecting a facility.
(2) Licensed child care providers must
				provide CCL an annual inspection report from the state or local jurisdiction
				fire marshal indicating the fire safety rules have been met.
(a) Providers using a commercial or public
				space that receive an annual fire safety inspection, such as a school, do not
				need a separate inspection. The child care provider is responsible for
				providing a copy of the inspection reports to CCL.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.96 - RESERVED › Subchapter 37.96.4 - NEW › Rule 37.96.410 - EMERGENCY AND DISASTER PREPARATION

Current through Register Vol. 13, July 5, 2024
(1) All
				licensed and registered child care providers must have a written emergency
				disaster plan. The plan for each structure used for child care must be
				developed in such a way that the plan can be followed in the event of a natural
				or human-caused disaster or emergency.
(2) All licensed child care providers and
				registered group and family child care providers must conduct eight emergency
				drills per year, including six fire drills, and two other disaster drills.
				Providers should identify problems that occurred during the drill and take
				corrective actions.
(3) FFN
				providers must conduct at least two disaster drills per year, including one
				fire drill and one other disaster drill.
(4) All emergency drills must be documented
				and include the following minimum information:
(a) who conducted the drill;
(b) date and time of the drill;
(c) the number of adults and children present
				during the drill; and
(d) the
				length of time to evacuate.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.96 - RESERVED › Subchapter 37.96.4 - NEW › Rule 37.96.413 - SAFETY AROUND BODIES OF WATER

Current through Register Vol. 13, July 5, 2024
(1) All
				licensed and registered child care providers except RCE providers must ensure
				all in-ground and above-ground swimming pools located in the outdoor play space
				area or accessible to children are surrounded by a fence that is least five
				feet high with a locked gate to prevent access to children. The fence must come
				within 3 1/2 inches of the ground and be constructed to discourage climbing.
				Exit and entrance points must have self-closing, positive latching gates with
				locking devices a minimum of 55 inches from the ground. The child care building
				wall must not constitute one side of the fence unless there are no openings in
				the wall.
(2) Children must not be
				permitted in hot tubs, spas, or saunas.
(a)
				Hot tubs must have bolted and securely locked covers.
(b) Spas and saunas must be inaccessible to
				children.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.96 - RESERVED › Subchapter 37.96.4 - NEW › Rule 37.96.414 - TRANSPORTATION SAFETY

Current through Register Vol. 13, July 5, 2024
(1) If providing
				any transportation, all licensed child care providers and registered group and
				family child care providers must:
(a) obtain
				written consent from the parents/guardians for any transportation provided;
				and
(b) develop a written
				transportation policy that outlines safe transport practices. The plan must
				describe how children are transported to and from the program, in an emergency,
				and on field trips. The plan must also address the safety and supervision of
				children who walk or who arrive by public transportation once they arrive on
				the child care premises. The plan must include any special arrangements for
				children with disabilities.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.96 - RESERVED › Subchapter 37.96.4 - NEW › Rule 37.96.415 - SLEEPING

Current through Register Vol. 13, July 5, 2024
(1) In all licensed and registered child care
				facilities, except those used by school-age care programs, there must be
				adequate opportunities for sleep periods during the day in a safe sleep
				environment suited to individual needs.
(2) In all licensed and registered child care
				facilities, except school-age care programs, each child must have
				age-appropriate rest equipment and supervision that create a safe sleep
				environment, meaning:
(a) for infants:
(i) each infant must be provided with a firm
				sleep surface;
(ii) if an infant
				sleeps in a crib, a firm mattress must be covered by a tight-fitting sheet.
				Mattresses must fit snugly to prevent the infant from being caught between the
				mattress and crib siderail;
(iii)
				unless the parents/guardians have provided medical documentation from a health
				care provider ordering otherwise, infants must be placed on their back and on a
				firm surface with no incline while sleeping;
(iv) no items are allowed in the crib when an
				infant is laid down for sleep except for a pacifier that does not include a
				string;
(v) sleep sacks and similar
				safe sleep clothing may be used if the item does not restrict the infant's
				arms;
(vi) infants under three
				months old may only be swaddled with written parent/guardian permission on file
				with the program;
(vii) infants
				over three months old or able to roll over must not be swaddled; and
(viii) when cribs are used, infants must be
				continuously supervised through sight or hearing, including proper use of audio
				or video monitors.
(A) In a licensed child
				care center, a staff member who is not a trainee must remain with children
				while they are sleeping;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.96 - RESERVED › Subchapter 37.96.5 - NEW › Rule 37.96.501 - MEDICAL HEALTH DEFINITIONS

Current through Register Vol. 13, July 5, 2024
(1) "CPR" means
				cardiopulmonary resuscitation.
(2)
				"Health care provider" means a person who is licensed, certified, or otherwise
				authorized by any U.S. state or by Canada to provide health care and who meets
				the additional qualifying criteria specified in
				20-5-405, MCA.
(3) "Local health authority" or "local health
				jurisdiction" means a local health officer, local department of health, or
				local board of health.
(4)
				"Medication" includes "prescription medication" and "over-the-counter
				medication" as defined in this rule.
(5) "Over-the-counter medication" means any
				medication, ointment, or cream that is topical or oral and is not specifically
				prescribed by a health care provider, but is recommended by a health care
				provider or a parent or guardian for a specific child.
(6) "Physician" means a person licensed to
				practice medicine in any jurisdiction in the United States or Canada and who
				holds a degree as a doctor of medicine or of osteopathy.
(7) "Prescription medication" means
				medication prescribed by a licensed health care provider for a specific person
				which may only be obtained through a pharmacy.
(8) "Supplement" means vitamins, herbals, and
				other topical or oral substances that are not regulated by the U.S. Food and
				Drug Administration.
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 37.96.5 - NEW › Rule 37.96.502 - MEDICATION ADMINISTRATION

Current through Register Vol. 13, July 5, 2024
(1) No child
				care staff of any type of licensed or registered child care provider may
				administer any medication or supplement to a child without the written
				authorization of a parent or guardian. The authorization must include the
				child's name, duration of the authorization, dosage instructions (amount and
				time), and the signature of the child's parent or guardian.
(2) Any medication or supplement brought into
				the facility for use by a specific child must be labeled with the following
				information:
(a) the date range and duration
				of use;
(b) the child's first and
				last name;
(c) the expiration date
				and specific, legible instructions for administration and storage (i.e., the
				manufacturer's instructions); and
(d) the name of the health care provider,
				parent, or guardian who made the recommendation.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.96 - RESERVED › Subchapter 37.96.5 - NEW › Rule 37.96.505 - MANAGEMENT OF ILLNESS

Current through Register Vol. 13, July 5, 2024
(1) All licensed
				and registered child care providers must designate a staff member to check
				daily the health status of each child immediately upon that child's entry into
				the child care facility.
(2) All
				licensed and registered child care providers must exclude any child or staff
				member with an illness until symptoms have resolved, adequate treatment has
				been received, or a health care provider states that the person is
				noninfectious. The following symptoms or illnesses require exclusion:
(a) a fever of 100.4°F that is
				accompanied by behavior change or other symptoms;
(b) diarrhea;
(c) vomiting more than two times in the
				previous 24 hours;
(d) mouth sores
				with drooling, if unable to contain drool, unless a health care provider states
				that it is a noninfectious condition;
(e) a rash with fever or behavioral change or
				a rash that is quickly spreading, unless a health care provider states that it
				is a noninfectious condition;
(f)
				active tuberculosis, until a health care provider states that the person is
				noninfectious and can return;
(g)
				group A strep pharyngitis (strep throat) until the person appears well and at
				least 12 hours after beginning appropriate antimicrobial therapy;
(h) impetigo, until treatment is initiated
				and if lesions on exposed skin are covered with a waterproof
				dressing;
(i) head lice, scabies,
				or ringworm, until treatment is started. Children and staff can remain in the
				child care setting until the end of the day;
(j) chickenpox (varicella), until sores have
				dried or crusted. Child care providers must not purposefully expose susceptible
				children to chickenpox, even with the permission of the susceptible child's
				parents/guardians;
(k) rubella,
				until seven days after the rash appears;
(l) pertussis, until five days after
				antibiotic treatment was initiated;
(m) mumps, until five days after onset of
				parotid gland swelling;
(n)
				measles, until four days after onset of rash;
(o) hepatitis A, until one week after onset
				of illness or as directed by the local health authority;
(p) shigellosis, salmonella, or E. coli,
				until a local health authority clears the person for readmission; or
(q) if the child is unable to participate in
				activities or needs care from staff that compromises the health or safety of
				other children.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.96 - RESERVED › Subchapter 37.96.5 - NEW › Rule 37.96.506 - FIRST AID

Current through Register Vol. 13, July 5, 2024
(1) All child care
				facilities must maintain a complete, well-stocked, portable first aid kit. The
				first aid kit must accompany staff and children on trips away from the facility
				and must contain:
(a) sterile, absorbent
				bandages;
(b) antiseptic wipes or
				product to clean wounds and hands;
(c) a cold pack;
(d) tape and a variety of adhesive
				bandages;
(e) tweezers and
				scissors; and
(f) disposable single
				use gloves.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.96 - RESERVED › Subchapter 37.96.6 - NEW › Rule 37.96.601 - ENVIRONMENTAL HEALTH DEFINITIONS

Current through Register Vol. 13, July 5, 2024
(1) "Public
				sewage system" means a system of collection, transportation, treatment, or
				disposal of sewage that is designed to serve or serves 15 or more families or
				25 or more persons for a period of at least 60 days out of the calendar
				year.
(2) "Public water supply
				system" means a system for the provision of water for human consumption from
				any community well, water hauler for cisterns, water bottling plant, water
				dispenser, or other water supply that is designed to serve or serves 15 or more
				families or 25 or more persons daily or has at least 15 service connections at
				least 60 days out of the calendar year.
(3) "Smoke-free environment" means no
				smoking, vaping, or use of e-cigarettes.
AUTH:
					 52-2-704, MCA; IMP:
					 52-2-704,
					 MCA
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.96 - RESERVED › Subchapter 37.96.6 - NEW › Rule 37.96.602 - HEALTH RULES INCLUDED IN INSPECTION BY PUBLIC HEALTH AUTHORITIES

Current through Register Vol. 13, July 5, 2024
(1) Licensed child care providers must
				provide to CCL an annual training or inspection certificate from their local
				health authority, except:
(a) Providers using
				a commercial or public space that receive an annual public health inspection,
				such as a school, do not need a separate inspection. The child care provider is
				responsible for providing a copy to CCL.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.96 - RESERVED › Subchapter 37.96.6 - NEW › Rule 37.96.603 - SMOKE-FREE ENVIRONMENT

Current through Register Vol. 13, July 5, 2024
(1) All licensed
				and registered child care providers except RCE providers must provide and
				ensure a smoke-free and tobacco-free environment for children, ensuring there
				will be no smoking or use of vapor, tobacco, or alternative nicotine products
				other than cessation products indoors during child care hours, or outdoors
				while children are outdoors.
AUTH:
					 52-2-704,
					 52-2-731, MCA; IMP:
					 52-2-704,
					 52-2-731,
					 MCA
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.96 - RESERVED › Subchapter 37.96.6 - NEW › Rule 37.96.604 - OUTDOOR AIR QUALITY

Current through Register Vol. 13, July 5, 2024
(1) All licensed
				and registered child care providers except RCE providers must reference the
				guidelines in ARM
				37.111.827 to determine local air
				quality conditions and whether to cancel outdoor activities.
AUTH:
					 52-2-704,
					 52-2-731, MCA; IMP:
					 52-2-704,
					 52-2-731,
					 MCA
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.96 - RESERVED › Subchapter 37.96.6 - NEW › Rule 37.96.607 - INDOOR AIR QUALITY

Current through Register Vol. 13, July 5, 2024
(1) Centralized
				ventilation systems and air filters in child care facilities, excluding RCEs,
				must be properly maintained.
(2)
				Licensed child care facilities must ensure that the temperature is maintained
				at a minimum of 65°F in the areas used for child care.
AUTH:
					 52-2-704,
					 52-2-731, MCA; IMP:
					 52-2-704,
					 52-2-731,
					 MCA
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.96 - RESERVED › Subchapter 37.96.6 - NEW › Rule 37.96.608 - HAND HYGIENE

Current through Register Vol. 13, July 5, 2024
(1) Staff,
				volunteers, and children in all licensed and registered child care facilities,
				excluding RCEs, must learn and follow good handwashing practices at the
				following times:
(a) before and after:
(i) preparing or handling food or beverages,
				eating, or feeding a child;
(ii)
				giving medication or applying a medical ointment or cream; and
(iii) diapering;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.96 - RESERVED › Subchapter 37.96.6 - NEW › Rule 37.96.609 - BATHROOM HYGIENE

Current through Register Vol. 13, July 5, 2024
(1) Licensed child
				care facilities must provide lavatories (sinks), water closets (toilets), and
				urinals in the ratio of the number of each to the number of individuals using
				them, including children, staff, and volunteers, as follows:
(a) lavatories (sinks): 1:15;
(b) water closets (toilets): 1:15;
				and
(c) for urinals, substitute
				half of the number of toilets required, if over 20 males.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.96 - RESERVED › Subchapter 37.96.6 - NEW › Rule 37.96.612 - SOLID WASTE MANAGEMENT

Current through Register Vol. 13, July 5, 2024
(1) All licensed
				and registered child care providers must ensure that solid waste is safely
				stored and disposed of.
(a) Store all solid
				waste between removals in containers which have lids and are corrosion
				resistant, fly-tight, watertight, and rodent-proof.
(b) Clean all solid waste containers
				frequently.
(c) Store solid waste
				containers in a way that prevents the containers from being tipped, protects
				them from deterioration, and allows easy cleaning below and around
				them.
(d) Remove solid waste at
				least weekly.