reglab/statecodes huggingface dataset:
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.98 - OUTDOOR BEHAVIORAL PROGRAM › Subchapter 37.98.3 - Administrative Provisions › Rule 37.98.304 - LICENSE DENIAL, SUSPENSION, RESTRICTION, REVOCATION, OR REDUCTION TO PROVISIONAL STATUS AND HEARING PROCEDURES

Current through Register Vol. 13, July 5, 2024
(1) The
				department, after written notice to the applicant, may deny an application for
				licensure upon finding that the applicant has not met the minimum requirements
				for licensure established by this subchapter, or upon finding that the
				applicant has made any misrepresentation to the department, either negligently
				or intentionally, regarding any aspect of its operations or facility.
(2) The department, after written notice to a
				licensed program, may suspend, restrict, revoke or reduce to a provisional
				status a license upon finding that the program is not in substantial compliance
				with the minimum requirements for licensure established by this subchapter.
				Suspension or revocation may be immediate if:
(a) the department is denied access to the
				program, to any youth placed in the program by the department, or to any
				program records;
(b) the program
				has made any misrepresentation to the department, either negligently or
				intentionally, regarding any aspect of its operations or facility;
(c) the program fails to report known or
				suspected child abuse or neglect as required by
				41-3-201,
				MCA;
(d) the initial investigation
				of a report of child abuse or neglect results in reasonable cause to suspect
				that a youth in the program may be in danger of harm;
(e) the program or any member of its staff
				has been named as the perpetrator in a substantiated report of abuse or
				neglect;
(f) the program or any
				member of its staff has violated a provision of this subchapter that resulted
				in child abuse or neglect; or
(g)
				it is determined on the basis of a department or law enforcement investigation
				that the program or any member of its staff may pose a risk or threat to the
				health or welfare of a youth placed in the program.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.98 - OUTDOOR BEHAVIORAL PROGRAM › Subchapter 37.98.3 - Administrative Provisions › Rule 37.98.308 - ADMINISTRATIVE POLICIES AND PROCEDURES

Current through Register Vol. 13, July 5, 2024
(1) The
				program shall have established policies and organizational plans clearly
				defining legal responsibility, administrative authority and responsibility for
				services to program participants and the community.
(2) The program shall have written policies
				for personnel and financial records. The policies shall be furnished to the
				department with the initial license application.
(3) The program shall have written position
				descriptions for all employees which include a description of duties,
				responsibilities, limitations of authority, and principal measures of
				accountability and performances.
(4) The program shall develop policies and
				procedures for screening, hiring and assessing staff which include practices
				that assist the employer in identifying employees that may pose a risk or
				threat to the health, safety or welfare of any resident and provide written
				documentation of findings and the outcome in the employee's file.
Sec.
					 50-5-220,
					 MCA; IMP, Sec.
					 50-5-220,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.98 - OUTDOOR BEHAVIORAL PROGRAM › Subchapter 37.98.3 - Administrative Provisions › Rule 37.98.312 - QUALITY ASSESSMENT

Current through Register Vol. 13, July 5, 2024
(1) The program
				shall implement and maintain an active quality assessment program for improving
				policies, procedures and services. At a minimum, the quality assessment program
				must include procedures for:
(a) conducting
				youth satisfaction surveys at least annually;
(b) maintaining records on the occurrence,
				duration and frequency of physical assists and physical restraints used;
				and
(c) reviewing, on an ongoing
				basis, serious incident reports, near misses, grievances, complaints,
				medication errors, and the use of physical restraints with special attention
				given to identifying patterns and making necessary changes in how services are
				provided.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.98 - OUTDOOR BEHAVIORAL PROGRAM › Subchapter 37.98.3 - Administrative Provisions › Rule 37.98.315 - CONFIDENTIALITY OF RECORDS AND INFORMATION

Current through Register Vol. 13, July 5, 2024
(1)
				All records maintained by a program and all personal information made available
				to a program pertaining to an individual youth must be kept confidential, and
				are not available to any person, agency or organization except as specified in
				(2) through (4).
(2) All records
				pertaining to an individual youth are available upon request to:
(a) the youth's parent, guardian, legal
				custodian, or attorney absent specific and compelling reasons for refusing such
				records;
(b) a court with
				continuing jurisdiction over the placement of the youth or any court of
				competent jurisdiction issuing an order for such records;
(c) a mature youth to whom the records
				pertain, absent specific and compelling reasons for refusing specific records;
				or
(d) an adult who was formerly
				the youth in care to whom the records pertain, absent specific and compelling
				reasons for refusing such records.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.98 - OUTDOOR BEHAVIORAL PROGRAM › Subchapter 37.98.3 - Administrative Provisions › Rule 37.98.316 - REPORTS

Current through Register Vol. 13, July 5, 2024
(1) The program shall submit to the
				department, upon its request, any reports required by federal or state law or
				regulation.
(2) The program shall
				report any of the following changes in writing to the Department of Public
				Health and Human Services, Quality Assurance Division, Licensure Bureau, 2401
				Colonial Drive, P.O. Box 202953, Helena, MT 59620-2953 prior to the effective
				date of:
(a) a change of
				administrator;
(b) a change in
				location;
(c) a change in the name
				of the program; or
(d) any
				significant change in organization, administration, purposes, programs, or
				services.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.98 - OUTDOOR BEHAVIORAL PROGRAM › Subchapter 37.98.3 - Administrative Provisions › Rule 37.98.319 - CHILD ABUSE OR NEGLECT AND SERIOUS INCIDENTS

Current through Register Vol. 13, July 5, 2024
(1) Each program staff member and employee
				shall read and sign a statement clearly defining child abuse and neglect and
				explaining the staff member's responsibility to report all known or suspected
				incidents of child abuse or neglect.
(2) Any program staff member or employee who
				knows or has reasonable cause to suspect that an incident of child abuse or
				neglect has occurred shall report within 24 hours the known or suspected
				incident to the program administrator, or a person designated by the program
				administrator, and to the state child abuse hotline (1 (866) 820-5437) as
				required by
				41-3-201, MCA.
				The program must fully cooperate with any investigation conducted as a result
				of the report.
(3) Each program
				shall have written procedures for handling any suspected incident of child
				abuse or neglect including:
(a) a procedure
				for ensuring that the staff member involved does not continue to provide direct
				care until an investigation is completed; and
(b) a procedure for taking appropriate
				disciplinary measures against any staff member involved in an incident of child
				abuse or neglect, including, but not limited to:
(i) termination of employment;
(ii) retraining of the staff member;
				or
(iii) any other appropriate
				action by the program geared towards the prevention of future incidents of
				child abuse or neglect.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.98 - OUTDOOR BEHAVIORAL PROGRAM › Subchapter 37.98.4 - Staff Provisions › Rule 37.98.401 - ADMINISTRATOR QUALIFICATIONS

Current through Register Vol. 13, July 5, 2024
(1) Each
				program shall employ an administrator. The administrator is responsible for
				operation of the program at all times and shall ensure 24-hour supervision of
				the residents. The program administrator is the person ultimately responsible
				for ensuring that the program is in compliance with applicable licensing rules
				and ensuring that staff are familiar with and comply with all program policies
				and procedures.
(2) The
				administrator shall meet, at a minimum, the following qualifications:
(a) a bachelors degree in a relevant
				discipline;
(b) two years
				experience working with youth and two years experience in staff supervision and
				administration;
(c) completion of
				initial staff training; and
(d)
				have evidence of at least 16 contact hours of annual continuing education
				relevant to the individual's duties and responsibilities as administrator of
				the program.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.98 - OUTDOOR BEHAVIORAL PROGRAM › Subchapter 37.98.4 - Staff Provisions › Rule 37.98.403 - STAFF

Current through Register Vol. 13, July 5, 2024
(1) A program shall have written personnel
				policies covering the following items:
(a)
				job qualifications;
(b) job
				descriptions;
(c) supervisory
				structure;
(d) fringe
				benefits;
(e) insurance;
(f) hours of work; and
(g) performance evaluations.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.98 - OUTDOOR BEHAVIORAL PROGRAM › Subchapter 37.98.4 - Staff Provisions › Rule 37.98.404 - PROGRAM PROFESSIONAL STAFF AND QUALIFICATIONS

Current through Register Vol. 13, July 5, 2024
(1) Each program shall employ or contract
				with professionals to serve as program professional staff members. Program
				professional staff members must have knowledge of the physical and emotional
				demands of the program and provide professional services including, but not
				limited to:
(a) admission
				evaluations;
(b) case plan
				development;
(c)
				assessments;
(d) treatment;
				and
(e) rehabilitation.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.98 - OUTDOOR BEHAVIORAL PROGRAM › Subchapter 37.98.4 - Staff Provisions › Rule 37.98.405 - PROGRAM EXPEDITION FIELD DIRECTOR QUALIFICATIONS

Current through Register Vol. 13, July 5, 2024
(1) The staff of each program expedition must
				include a field director.
(2) The
				field director shall be primarily responsible for:
(a) the quality of the field
				activities;
(b) coordinating field
				operations;
(c) supervising direct
				care staff;
(d) managing the field
				office;
(e) ensuring compliance
				with applicable licensing rules; and
(f) ensuring that staff members are familiar
				with all program policies and procedures.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.98 - OUTDOOR BEHAVIORAL PROGRAM › Subchapter 37.98.4 - Staff Provisions › Rule 37.98.406 - PROGRAM STAFF BACKGROUND CHECKS

Current through Register Vol. 13, July 5, 2024
(1) The
				administrator, staff, volunteers and interns must have a state criminal, a
				child protective services/adult protective services and if applicable, a tribal
				criminal and child protective services background check conducted.
(a) The department may not grant approval or
				licensure nor allow a license if the administrator, staff member, volunteer or
				intern has been convicted by a court of competent jurisdiction of a felony or
				misdemeanor involving:
(i) child abuse or
				neglect;
(ii) spousal
				abuse;
(iii) a crime against a
				child or children (including child pornography) ; or
(iv) a crime involving violence, including
				rape, sexual assault or homicide, but not including other physical assault or
				battery.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.98 - OUTDOOR BEHAVIORAL PROGRAM › Subchapter 37.98.4 - Staff Provisions › Rule 37.98.411 - STAFF TRAINING

Current through Register Vol. 13, July 5, 2024
(1) A program shall
				have written policies, procedures and training curriculum regarding minimum
				requirements for initial and ongoing training.
(2) All direct care staff shall complete a
				minimum of 40 hours of initial staff training.
(3) Initial staff training must consist of
				the following minimum requirements:
(a) the
				program's policy, procedures, organization and services;
(b) mandatory child abuse reporting
				laws;
(c) crisis intervention
				methodologies;
(d) fire safety,
				including emergency evacuation routes;
(e) confidentiality;
(f) first aid and CPR;
(g) suicide prevention;
(h) report writing including the development
				and maintenance of logs and journals; and
(i) therapeutic de-escalation of crisis
				situations and passive physical restraint techniques to ensure the protection
				and safety of the youth and staff. Training must include the use of physical
				and non-physical methods of managing youth and must be updated, at least every
				12 months, to ensure that necessary skills are maintained.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.98 - OUTDOOR BEHAVIORAL PROGRAM › Subchapter 37.98.4 - Staff Provisions › Rule 37.98.415 - YOUTH/STAFF RATIOS

Current through Register Vol. 13, July 5, 2024
(1) A program shall
				maintain the following minimum staff ratios:
(a) Youth/staff ratio must be no more than
				4:1 each day for a 15-hour period beginning at, or between, 7 a.m. and 7:30
				a.m., (or beginning at, or between, some other reasonable morning half hour
				which is approximately 15 hours prior to the bedtime of the youth), when youth
				are in care.
(b) Youth/staff ratio
				for residential outdoor services may not be more than 8:1 each night for a
				nine-hour period beginning no earlier than 15 hours from the time daytime
				staffing of 4:1 starts. Staff must be awake during the nine-hour
				period.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.98 - OUTDOOR BEHAVIORAL PROGRAM › Subchapter 37.98.7 - Youth Records and Program Entrance Provisions › Rule 37.98.701 - YOUTH CASE RECORDS

Current through Register Vol. 13, July 5, 2024
(1) A program shall
				maintain a written case record for each youth which must include
				administrative, treatment and educational data from the time of the youth's
				admission until the time the youth leaves the program. A youth's case record
				must include the following:
(a) the name, sex
				and birth date of the youth;
(b)
				the name, address and telephone number of the parent(s) or guardian of the
				youth;
(c) date of admission and
				placing agency;
(d) if the youth
				was not living with his or her parents prior to admission, the name, address,
				telephone number and relationship to the youth of the person with whom the
				youth was living;
(e) all documents
				related to the referral of the youth to the program as provided by the placing
				agency;
(f) documentation of the
				current custody and legal guardianship as provided by the placing
				agency;
(g) the youth's court
				status, if applicable;
(h) consent
				forms signed by the parents or guardian prior to placement that allow the
				program to authorize all necessary medical care, routine tests, immunization
				and emergency medical or surgical treatment;
(i) health records including medical history
				and vaccination record as provided by the placing agency;
(j) education records and reports;
(k) treatment or clinical records and
				reports;
(l) records of special or
				serious incidents;
(m) case plans
				and related material;
(n) social
				summary current to date of placement;
(o) report stating reason for
				placement;
(p) quarterly progress
				reports on the youth's reaction to the placement and services
				provided;
(q) date of discharge,
				reason for discharge, and the name, telephone number and address of the person
				or agency to whom the youth was discharged; and
(r) all other youth records and documentation
				as required by these rules.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.98 - OUTDOOR BEHAVIORAL PROGRAM › Subchapter 37.98.7 - Youth Records and Program Entrance Provisions › Rule 37.98.702 - YOUTH RIGHTS

Current through Register Vol. 13, July 5, 2024
(1) A program shall
				develop and maintain a youth's rights policy that supports and protects the
				fundamental human, civil, constitutional and statutory rights of all youth.
				These rights shall include, but are not limited to the following:
(a) each youth has the right to be free from
				abuse, neglect and unnecessary physical or chemical restraint;
(b) if the program operates during the school
				year, every youth has the right to educational services in accordance with
				Montana state law;
(c) the dignity
				of every youth and family must be recognized and respected in the delivery of
				services;
(d) each youth has the
				right to receive care according to individual need;
(e) service must be provided within the most
				appropriate setting;
(f) each youth
				has the right to personal privacy, and the program must allow privacy for each
				youth when not contrary to treatment and safety of the youth;
(g) contact with the family will be
				maintained by mail and phone, if accessible, as long as this contact is not
				contrary to the treatment and safety needs of the youth; and
(h) each youth has the right to have his or
				her opinions and recommendations considered and documented in the development
				of his or her case plan.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.98 - OUTDOOR BEHAVIORAL PROGRAM › Subchapter 37.98.7 - Youth Records and Program Entrance Provisions › Rule 37.98.705 - PHYSICAL EXAMINATION

Current through Register Vol. 13, July 5, 2024
(1) All physical
				examinations must be completed by an appropriate licensed practitioner. A youth
				must have a physical examination:
(a) within
				30 days prior to admission into the program;
(b) at least annually after entering the
				program; and
(c) at any time when
				circumstances indicate that an updated examination would be
				appropriate.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.98 - OUTDOOR BEHAVIORAL PROGRAM › Subchapter 37.98.7 - Youth Records and Program Entrance Provisions › Rule 37.98.706 - ASSESSMENTS

Current through Register Vol. 13, July 5, 2024
(1) A program shall have written admission
				and assessment policies, procedures and forms.
(2) Prior to enrollment in the program, an
				admission assessment must be done for each youth by a program professional
				staff member. This admission assessment must include a review of the youth's
				social history, psychological history, medical history and physical
				examination. The assessment must review the following topics:
(a) allergies;
(b) medications;
(c) a record of immunizations as defined in
				ARM 37.114.701,
				37.114.702,
				37.114.704,
				37.114.705,
				37.114.708,
				37.114.709,
				37.114.710,
				37.114.715 and
				37.114.716;
(d) hospitalizations;
(e) medical diagnoses;
(f) medical problems that run in the
				family;
(g) pregnancy status and
				any complications;
(h) special
				dietary needs;
(i)
				illnesses;
(j) injuries;
(k) dental problems;
(l) mental health issues;
(m) emotional problems;
(n) ongoing medical care needs;
(o) history of aggressive or violent
				behavior;
(p) substance abuse
				history;
(q) sexual history or
				behavior patterns that may place the youth or other youth at risk;
(r) known or suspected suicide or self-injury
				attempts or gestures;
(s) emotional
				history indicating a predisposition for self-injury or suicide; and
(t) history of fire setting.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.98 - OUTDOOR BEHAVIORAL PROGRAM › Subchapter 37.98.7 - Youth Records and Program Entrance Provisions › Rule 37.98.707 - DEVELOPMENT AND CONTENT OF THE CASE PLAN

Current through Register Vol. 13, July 5, 2024
(1) A
				case plan for each youth must be developed within 14 days of admission and
				prior to entering into the expedition portion of the program. The case plan
				team must include at minimum the appropriate members of the program
				professional staff and the field director. Members of the case plan team shall
				develop and sign the case plan. The youth's parent, guardian and/or the placing
				agency staff, along with the youth, if appropriate, must be encouraged to
				participate in the development of the case plan
(2) The case plan must address, at a minimum,
				the following:
(a) the youth's physical and
				medical needs;
(b) behavior
				management issues;
(c) mental
				health treatment methods;
(d)
				addictive disorder treatment methods;
(e) education plans;
(f) measurable goals and
				objectives;
(g) the
				responsibilities of the youth and staff for meeting the goals and
				objectives;
(h) the minimum number
				of hours per week the youth will receive individual and/or group
				counseling;
(i) discharge and
				aftercare planning, to include referrals to other agencies;
(j) type and frequency of therapeutic
				intervention activities;
(k)
				interventions to be used should the youth refuse to participate in any
				prescribed activity; and
(l)
				interventions to be used should the youth become a danger to self or
				others.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.98 - OUTDOOR BEHAVIORAL PROGRAM › Subchapter 37.98.7 - Youth Records and Program Entrance Provisions › Rule 37.98.715 - DISCHARGE SUMMARY

Current through Register Vol. 13, July 5, 2024
(1) Within 10
				business days of the discharge of a youth from the program, a discharge report
				must be completed, including:
(a) a written
				summary of services provided, the youth's participation and progress, results
				of evaluations, condition of the youth, briefings and debriefings, compliance
				with program policies, procedures and recommendations; and
(b) the signature of the staff member who
				prepared the report and the date of preparation.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.98 - OUTDOOR BEHAVIORAL PROGRAM › Subchapter 37.98.8 - Program Policy Requirements › Rule 37.98.801 - BEHAVIOR MANAGEMENT POLICIES

Current through Register Vol. 13, July 5, 2024
(1) A
				program shall have and follow written behavior management policies and
				procedures including a description of the model, program or techniques to be
				used with youth. The program shall have policies addressing discipline,
				therapeutic de-escalation of crisis situations, nonviolent crisis intervention,
				and time out. Behavior management must be based on an individual assessment of
				each youth's needs, stage of development and behavior. It must be designed with
				the goal of teaching youth to manage their own behavior and be based on the
				concept of providing effective treatment by the least restrictive
				means.
(2) The program shall
				document that a copy of the written policies has been provided and explained to
				each youth. A copy of the policies must also be provided to parents, guardians
				and referral sources upon request.
(3) The behavior management policies must
				prohibit:
(a) the use of physical force,
				mechanical, chemical, or physical restraint as discipline;
(b) pain compliance, aversive conditioning,
				and use of pressure point techniques;
(c) the placing of anything in or on a
				youth's mouth;
(d) cruel or
				excessive physical exercise, prolonged positions or work assignments that
				produce unreasonable discomfort;
(e) verbal abuse, ridicule, humiliation,
				profanity and other forms of degradation directed at a youth or a youth's
				family;
(f) locked confinement or
				seclusion;
(g) withholding of
				necessary food, water, clothing, shelter, bedding, rest, medical care or toilet
				use;
(h) denial of visits or
				communication with the youth's family as punishment or discipline. Visits or
				communication with the youth's family may be limited as specified in the
				program's design and planned activities, in accordance with the youth's service
				plan, or by court order;
(i)
				isolation as punishment, except as provided for in the time out provisions of
				ARM 37.98.803; and
(j) any other form of punishment or
				discipline which subjects a youth to pain, humiliation, or unnecessary
				isolation or restraint.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.98 - OUTDOOR BEHAVIORAL PROGRAM › Subchapter 37.98.8 - Program Policy Requirements › Rule 37.98.802 - USE OF NONVIOLENT CRISIS INTERVENTION STRATEGIES

Current through Register Vol. 13, July 5, 2024
(1) The program shall have written policies
				and procedures governing the appropriate use of nonviolent crisis intervention
				strategies, including:
(a) the use of
				de-escalation techniques;
(b)
				physical assists; and
(c) physical
				restraints.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.98 - OUTDOOR BEHAVIORAL PROGRAM › Subchapter 37.98.8 - Program Policy Requirements › Rule 37.98.803 - TIME OUT

Current through Register Vol. 13, July 5, 2024
(1) Time out must
				only be used when a youth's behavior is disruptive to the youth's ability to
				learn, to participate appropriately, or to function appropriately with other
				youth or the activity and when other de-escalation techniques have failed.
				Restraint, seclusion, or confinement may not be used as part of time out
				procedures.
(2) A staff member must
				be designated to be responsible for visually observing the youth at random
				intervals at least every 15 minutes.
(3) For each time out, a report must be
				written and placed in the client's file in sufficient detail to provide a clear
				understanding of the occurrence or behavior which resulted in the youth being
				placed in time out, and staff's attempts to help the youth avoid time
				out.
(4) Youth placed in time out
				must be re-introduced to the group in a sensitive and non-punitive manner as
				soon as control is regained.
(5) If
				there are more than 10 one hour time outs for a youth in a 24-hour period, or
				the separation lasts for 24 hours, appropriate lead clinical staff members must
				conduct a review to determine the suitability of the youth remaining in the
				program, whether modifications to the youth's plan are warranted, and whether
				staff need additional training in alternative therapeutic behavior management
				techniques. The results of the review must be documented and placed in the
				youth's file. The program shall take appropriate action as a result of the
				review.
Sec.
					 50-5-220,
					 MCA; IMP, Sec.
					 50-5-220,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.98 - OUTDOOR BEHAVIORAL PROGRAM › Subchapter 37.98.8 - Program Policy Requirements › Rule 37.98.806 - ANIMALS AND PETS

Current through Register Vol. 13, July 5, 2024
(1) A program may
				make use of domesticated animals or pets as part of a youth's treatment plan,
				provided that animals and pets are vaccinated, free from disease, not a danger
				to the youth, and cared for in a safe and clean manner. The program shall have
				documentation of current vaccinations, including rabies, as appropriate for all
				animals and pets.
Sec.
					 50-5-220,
					 MCA; IMP, Sec.
					 50-5-220,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.98 - OUTDOOR BEHAVIORAL PROGRAM › Subchapter 37.98.8 - Program Policy Requirements › Rule 37.98.811 - POTENTIAL WEAPONS

Current through Register Vol. 13, July 5, 2024
(1) A program shall
				have and follow written policy and procedures on management of weapons and
				potential weapons.
(2) Firearms
				must not be allowed in programs.
(3) Program staff shall inventory knives,
				hatchets, other edged tools or any item which might pose a danger to youth and
				complete a daily count of these items against the inventory. Program staff
				shall supervise youth possession and use of knives, hatchets, other edged tools
				or any item which might pose a danger to self or others.
(4) Large animal repellants must be stored
				under lock and key when not being carried by program staff, and be safeguarded
				from youth. Youth shall only use large animal repellants under the supervision
				of staff.
Sec.
					 50-5-220,
					 MCA; IMP, Sec.
					 50-5-220,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.98 - OUTDOOR BEHAVIORAL PROGRAM › Subchapter 37.98.8 - Program Policy Requirements › Rule 37.98.812 - CONTRABAND

Current through Register Vol. 13, July 5, 2024
(1) A program shall define prohibited
				contraband in a written policy.
(2)
				Law enforcement must be notified as appropriate when illegal contraband is
				discovered.
(3) All contraband that
				is not illegal must be returned to the youth's parent or guardian, or must be
				destroyed in accordance with the program's contraband policy. When contraband
				is disposed of, the disposal must be witnessed by at least two other staff
				members and must be documented in the youth's case record.
Sec.
					 50-5-220,
					 MCA; IMP, Sec.
					 50-5-220,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.98 - OUTDOOR BEHAVIORAL PROGRAM › Subchapter 37.98.8 - Program Policy Requirements › Rule 37.98.813 - PROGRAM REQUIREMENTS: SEARCHES

Current through Register Vol. 13, July 5, 2024
(1) The
				provisions of this rule apply to all searches by program staff of youth and
				their personal property, including searches of personal
				correspondence.
(2) Youth may not
				be subjected to a search of the youth's person, personal property or
				correspondence unless there is reasonable cause to believe that the search will
				result in discovery of contraband, or unless there is reasonable cause to
				believe that the search is necessary to alleviate a threat of harm to the
				youth, other youths, or staff. The facts and circumstances supporting a
				determination of reasonable cause for the search must be documented in the
				youth's file.
(3) Any
				correspondence search must be conducted in the presence of the youth.
(4) The program shall adopt policies relating
				to searches, including pat down searches, personal property searches and
				correspondence searches. The policies must include the following:
(a) a protocol for conducting personal
				property searches when the youth is not available to be present for the search;
				and
(b) a procedure for documenting
				all searches, reasons for the search, who conducted the search and the results
				of the search.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.98 - OUTDOOR BEHAVIORAL PROGRAM › Subchapter 37.98.10 - Program Emergency and Health Provisions › Rule 37.98.1001 - EMERGENCY AND EVACUATION PLANS

Current through Register Vol. 13, July 5, 2024
(1) A program
				shall have and follow a written emergency plan developed in conjunction with
				emergency services in the community which provides specific procedures for
				evacuations, disasters, medical emergencies, hostage situations, casualties,
				missing youth and other serious incidents identified by the program.
(2) The emergency plan must, at a minimum,
				include:
(a) designation of authority and
				staff assignment;
(b) a specific
				evacuation plan;
(c) provisions for
				transportation and relocation of program participants when necessary;
(d) provisions for supervision of youth after
				an evacuation or a relocation;
(e)
				provisions for the instruction of all participants on how to respond in the
				case of an emergency; and
(f)
				provisions for arranging medical care and notifying a youth's physician and
				parent or guardian.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.98 - OUTDOOR BEHAVIORAL PROGRAM › Subchapter 37.98.10 - Program Emergency and Health Provisions › Rule 37.98.1003 - HEALTH CARE

Current through Register Vol. 13, July 5, 2024
(1) Medical,
				dental, psychiatric, psychological, chemical dependency care and counseling
				must be obtained for the youth as needed.
(2) Each youth in care must receive an annual
				physical examination.
(3) Each
				youth in care must receive an annual dental examination.
(4) Provisions for treatment of diseases,
				remedial defects or deformities, and malnutrition must be made by the program
				immediately upon the physician's recommendation with notification of the
				placing agency and parent or legal guardian.
(5) The program shall develop and follow
				written policies and procedures to keep youth healthy while in the program.
				Medical care must be provided to all youth as needed and must be documented in
				the youth's case records. A signed release for emergency medical treatment from
				the parent or guardian must be documented in the youth's file.
(6) First aid treatment must be provided in
				as prompt a manner as the location and circumstances allow.
(7) The program shall transport any youth
				with an illness or physical complaint that needs immediate care or treatment to
				appropriate medical care.
(8)
				Complaints or reports by a youth of illness and injuries must be documented in
				a daily log along with any treatment provided.
(9) There may not be any negative consequence
				imposed on a youth for reporting an injury or illness or for requesting to see
				a health care professional.
(10)
				Youth must be instructed and monitored regularly by staff in matters of
				personal hygiene.
(11) The program
				shall develop and follow written policies and procedures governing emergency
				medical and dental care.
(12) The
				program shall develop a written plan to prohibit:
(a) the use of tobacco, alcohol or illegal
				drugs by youth; and
(b) all use of
				tobacco, alcohol or illegal drugs by employees, volunteers and visitors in any
				program building or vehicle used by youth and in the presence of
				youth.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.98 - OUTDOOR BEHAVIORAL PROGRAM › Subchapter 37.98.10 - Program Emergency and Health Provisions › Rule 37.98.1004 - INFECTION CONTROL

Current through Register Vol. 13, July 5, 2024
(1) Each program
				shall provide, develop and implement an effective infection prevention and
				control program. The program must develop policies and procedures to evaluate
				all factors, including, although not limited to, risk evaluations, education
				and TB screening of employees and residents. The decision to perform regular
				repeat testing of some employees or residents must be based on data from within
				the facility, the risk associated with certain procedures performed and the
				number of infectious cases reported within the county and state.
(2) A program shall provide a sanitary
				environment to avoid sources and transmission of infections which must include:
(a) separation of infected individuals from
				other group members;
(b)
				notification of a parent or legal guardian;
(c) consultation with a doctor or medical
				facility, if appropriate for the youth's treatment;
(d) notification or consultation with the
				program's medical director; and
(e)
				proper disinfection of all items used by the infected individual before use by
				any other person.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.98 - OUTDOOR BEHAVIORAL PROGRAM › Subchapter 37.98.10 - Program Emergency and Health Provisions › Rule 37.98.1005 - MEDICATION STORAGE AND ADMINISTRATION

Current through Register Vol. 13, July 5, 2024
(1)
				A program shall have and follow policies and procedures regarding the storage,
				administration and disposal of prescription and nonprescription
				medication.
(2) Prescription and
				nonprescription medication must be stored under lock and key and safeguarded
				from youth in their original containers, labeled with the original prescription
				label. For medications taken on field outings, all medication must be in the
				possession of a staff member qualified to assist with the self administration
				of medications.
(3) Staff who
				assist with self administration must be trained in proper medication
				procedures. Training must be documented in each staff member's personnel
				file.
(4) All prescription
				medications must be ordered by licensed health care professionals working
				within the scope of their practice. All prescription orders must contain the
				dosage to be given.
(5)
				Psychotropic medication is prohibited unless a licensed health care
				professional working within the scope of his or her practice determines that
				the medications are clinically indicated. Under no circumstances may
				psychotropic medication be given for disciplinary purposes, for the convenience
				of the staff, or as a substitute for appropriate treatment services.
(6) There must be a written record of all
				medications self administered by a youth. The record must include:
(a) youth's name;
(b) name and dosage of the
				medication;
(c) the date and time
				the medication was taken or was refused by youth;
(d) name of the staff member who assisted in
				self administration of the medication; and
(e) documentation of any medication errors,
				results of errors and any effects observed.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.98 - OUTDOOR BEHAVIORAL PROGRAM › Subchapter 37.98.10 - Program Emergency and Health Provisions › Rule 37.98.1010 - SAFETY POLICY

Current through Register Vol. 13, July 5, 2024
(1) A program shall
				have appropriate written safety procedures and equipment.
(2) Each youth must have instruction on
				environmental hazards and precautions.
(3) There must be a first aid kit with
				sufficient supplies available at all times. A kit must:
(a) be readily available on site as well as
				in all vehicles;
(b) meet the
				standards of an appropriate national organization for the activity being
				conducted and the location and environment being used;
(c) be reviewed by the field director with
				new staff for contents and use;
(d)
				be reviewed at least annually by the field director with all staff for contents
				and use; and
(e) be inventoried by
				the field director after each expedition and restocked as needed.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.98 - OUTDOOR BEHAVIORAL PROGRAM › Subchapter 37.98.10 - Program Emergency and Health Provisions › Rule 37.98.1016 - TRANSPORTATION

Current through Register Vol. 13, July 5, 2024
(1) Any person transporting youth must
				possess a valid Montana driver's license for the type of vehicle used in
				transporting the youth.
(2) Any
				person transporting youth must comply with applicable traffic laws while
				transporting youth.
(3) The vehicle
				used in transporting youth must at a minimum:
(a) have proper Montana
				registration;
(b) have insurance
				coverage;
(c) be maintained in a
				safe condition;
(d) be equipped
				with a red triangle reflector device for use in a emergency; and
(e) be equipped with a first aid
				kit.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.98 - OUTDOOR BEHAVIORAL PROGRAM › Subchapter 37.98.12 - Youth Rights and Care Program Requirements › Rule 37.98.1201 - THERAPEUTIC TREATMENT PROGRAM

Current through Register Vol. 13, July 5, 2024
(1) A
				program shall provide therapeutic treatment to youth.
(2) A program shall appoint one or more lead
				clinical staff (LCS) members from the licensed mental health professionals of
				the program as professional staff.
(3) Each LCS shall be responsible for no more
				than 16 youth.
(4) The LCS must
				oversee all therapeutic treatment needs for the youth which at a minimum shall
				consist of:
(a) one individual treatment
				session per week per youth;
(b) two
				group treatment sessions per week per youth;
(c) one treatment team meeting per week per
				youth; and
(d) family therapy when
				appropriate.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.98 - OUTDOOR BEHAVIORAL PROGRAM › Subchapter 37.98.12 - Youth Rights and Care Program Requirements › Rule 37.98.1202 - SOCIAL SERVICES

Current through Register Vol. 13, July 5, 2024
(1) A program shall
				employ an adequate number of trained professionals to provide the following
				services for each youth in care:
(a) plan for
				a youth's admission, coordinate the case plan, negotiate for the necessary
				resources for the youth, and prepare the youth for discharge and return to the
				family or other placement;
(b)
				serve as advocate for the youth and liaison with the family, the referring
				party and the community;
(c)
				prepare and maintain all required records and reports regarding the
				youth;
(d) provide post-placement
				plans and services and make the necessary referrals;
(e) assist the youth and staff to adjust to
				the youth's placement; and
(f)
				record the youth's reactions to the program, school, other youth, staff and
				family, and participate in staff discussion regarding progress and plans for
				the youth.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.98 - OUTDOOR BEHAVIORAL PROGRAM › Subchapter 37.98.12 - Youth Rights and Care Program Requirements › Rule 37.98.1203 - CARE AND GUIDANCE

Current through Register Vol. 13, July 5, 2024
(1) A program shall
				provide to each youth in the program the following:
(a) appropriate personal care, supervision
				and attention;
(b) opportunities
				for educational, social and cultural growth through suitable reading materials,
				toys, activities and equipment; and
(c) opportunities to associate with peer
				groups in school and community settings.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.98 - OUTDOOR BEHAVIORAL PROGRAM › Subchapter 37.98.12 - Youth Rights and Care Program Requirements › Rule 37.98.1204 - NUTRITION

Current through Register Vol. 13, July 5, 2024
(1) A program shall serve three regular, well
				balanced meals per day and snacks. The meals and snacks must be appropriate to
				the nutritional needs of the youth and must include the four basic food group
				requirements.
(2) Special diets
				must be provided for youths as ordered in writing by a licensed health care
				professional. Such orders must be kept on file by the program.
(3) Copies of menus of the food actually
				served must be kept on file for one month and must be available for
				inspection.
(4) All food must be
				transported, stored, covered, prepared and served in a sanitary
				manner.
(5) Use of home canned
				products is prohibited unless the product has been commercially
				approved.
(6) Hands must be washed
				with warm water and soap before the handling of food. Hand sanitizer gels may
				be used in lieu of washing hands with soap and water.
Sec.
					 50-5-220,
					 MCA; IMP, Sec.
					 50-5-220,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.98 - OUTDOOR BEHAVIORAL PROGRAM › Subchapter 37.98.12 - Youth Rights and Care Program Requirements › Rule 37.98.1208 - RELIGION AND CULTURE

Current through Register Vol. 13, July 5, 2024
(1) The program
				shall provide youth with a reasonable opportunity to practice their respective
				religions. Youth must be permitted to have religious materials of their
				choice.
(2) The program shall
				document giving encouragement and opportunity to each youth to identify with
				his or her cultural heritage.
Sec.
					 50-5-220,
					 MCA; IMP, Sec.
					 50-5-220,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.98 - OUTDOOR BEHAVIORAL PROGRAM › Subchapter 37.98.12 - Youth Rights and Care Program Requirements › Rule 37.98.1209 - PERSONAL NEEDS

Current through Register Vol. 13, July 5, 2024
(1) The program
				shall assure that each youth has his or her own clothing suitable to the
				youth's age and size and comparable to the clothing of other youth in the
				community.
(2) Youth must have some
				choice in the selection of their clothing.
(3) A program shall provide necessary
				supplies and train youth in personal care, hygiene and grooming.
Sec.
					 50-5-220,
					 MCA; IMP, Sec.
					 50-5-220,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.98 - OUTDOOR BEHAVIORAL PROGRAM › Subchapter 37.98.12 - Youth Rights and Care Program Requirements › Rule 37.98.1210 - PRIVACY AND INDIVIDUALISM

Current through Register Vol. 13, July 5, 2024
(1) A program
				shall allow youth to have privacy.
(2) A program shall provide a separate bed,
				separate storage space for clothing and personal articles, and a place for each
				youth to display his or her socially appropriate creative works and symbols of
				identity.
(3) Each youth must be
				provided with access to a quiet area where he or she can be alone when
				appropriate.
Sec.
					 50-5-220,
					 MCA; IMP, Sec.
					 50-5-220,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.98 - OUTDOOR BEHAVIORAL PROGRAM › Subchapter 37.98.12 - Youth Rights and Care Program Requirements › Rule 37.98.1215 - MONEY

Current through Register Vol. 13, July 5, 2024
(1) Money earned by a youth or received as a
				gift or allowance must be part of the youth's personal property and accounted
				for separately from the program funds.
(2) If the program is partly supported by
				institutional production on a commercial basis, compliance with state and
				federal child labor laws and minimum wage laws must be assured.
Sec.
					 50-5-220,
					 MCA; IMP, Sec.
					 50-5-220,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.98 - OUTDOOR BEHAVIORAL PROGRAM › Subchapter 37.98.12 - Youth Rights and Care Program Requirements › Rule 37.98.1216 - TRAINING AND EMPLOYMENT

Current through Register Vol. 13, July 5, 2024
(1) For youth age
				16 and older a program may assist in:
(a)
				preparing youth for economic independence; and
(b) obtaining the skills necessary for
				employment as determined to be appropriate to meet the individual's needs. Such
				skills include:
(i) completing
				applications;
(ii) personal
				appearances for employment situations;
(iii) attitudes toward employment;
				and
(iv) interviewing for
				jobs.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.98 - OUTDOOR BEHAVIORAL PROGRAM › Subchapter 37.98.12 - Youth Rights and Care Program Requirements › Rule 37.98.1220 - YOUTH ORIENTATION

Current through Register Vol. 13, July 5, 2024
(1) A program shall
				have a written orientation policy for admission to the program including:
(a) a procedure for ensuring that each youth
				receives a personal orientation to the program as soon as appropriate but not
				later than 12 hours after admission;
(b) inventory of each youth's
				belongings;
(c) behavioral
				expectations;
(d) information on
				privilege systems;
(e) health and
				safety procedures;
(f) program
				rules;
(g) information on intrusive
				measures; and
(h) emergency
				evacuation procedures, including escape routes.