reglab/statecodes huggingface dataset:
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.99 - PRIVATE ALTERNATIVE ADOLESCENT RESIDENTIAL PROGRAMS OR OUTDOOR PROGRAMS (PAARP) › Subchapter 37.99.1 - Private Alternative Adolescent Residential Programs › Rule 37.99.117 - PRIVATE ALTERNATIVE ADOLESCENT RESIDENTIAL PROGRAMS: ADMISSIONS

Current through Register Vol. 13, July 5, 2024
(1) The program will admit only those program
				participants for whom it has an operational program and who meet its admissions
				policies.
(2) The program must have
				written policies and procedures for screening all referrals.
(3) The program must have a written
				admissions policy and procedures which include:
(a) the age, sex, and behavioral and/or
				emotional needs of adolescents served;
(b) verifying of legal authority to place or
				remove a program participant from the program;
(c) a description of the intake process for
				the program participants;
(d) a
				description of the orientation provided to program participants; and
(e) an initial assessment of the program
				participant's emotional, medical, developmental, social, and behavioral status
				that must be conducted at the time of admission.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.99 - PRIVATE ALTERNATIVE ADOLESCENT RESIDENTIAL PROGRAMS OR OUTDOOR PROGRAMS (PAARP) › Subchapter 37.99.1 - Private Alternative Adolescent Residential Programs › Rule 37.99.118 - PRIVATE ALTERNATIVE ADOLESCENT RESIDENTIAL PROGRAMS: WRITTEN AGREEMENT

Current through Register Vol. 13, July 5, 2024
(1) The program must enter into a written
				agreement with the program participant's parent/legal guardian at the time of
				admission into the program. The written agreement must include:
(a) the terms of the placement, the
				responsibilities of the program, and the responsibility of the parent/legal
				guardian;
(b) a statement
				describing specific services the program will provide;
(c) a statement describing the program
				participant's rights and the program's grievance policy;
(d) a statement explaining the program
				participant's responsibilities including house rules;
(e) a statement describing the communication
				policy, which must include a minimum of one telephone contact per week, in
				addition to any therapeutic contact (family therapy);
(f) transportation of the program participant
				to and from medical appointments and activities;
(g) a statement explaining specific charges
				for care and an itemized statement of what expenses in addition to the cost for
				care will be charged, including fines, penalties, or late fees that will be
				assessed;
(h) a statement that the
				agreed-upon rate will not be changed unless 30 days' advance written notice is
				given to the program participant's parent/legal guardian;
(i) criteria for requiring transfer or
				discharge of the program participant;
(j) the refund policy; and
(k) date and signature of the administrator
				and program participant's parent/legal guardian.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.99 - PRIVATE ALTERNATIVE ADOLESCENT RESIDENTIAL PROGRAMS OR OUTDOOR PROGRAMS (PAARP) › Subchapter 37.99.1 - Private Alternative Adolescent Residential Programs › Rule 37.99.119 - PRIVATE ALTERNATIVE ADOLESCENT RESIDENTIAL PROGRAMS: DISCHARGE

Current through Register Vol. 13, July 5, 2024
(1) The program must assist the program
				participant and family in preparing for the participant's discharge from the
				program.
(2) At the time of the
				discharge of a program participant from the program, a written discharge report
				must be completed, and include:
(a) the
				program participant's name, date of birth, admission and discharge dates,
				reason for placement and discharge, and name of parent/legal
				guardian;
(b) a written summary of
				services provided, including the program participant's participation and
				progress in the program, contact information of persons who conducted
				evaluations, and condition of the program participant at time of discharge;
(c) the program participant's
				educational status;
(d) medical,
				dental, and psychiatric care received during placement;
(e) follow-up health care required;
(f) current medications, dosage taken, number
				of times per day, and name of prescribing licensed health care
				professional;
(g) program
				participant's reaction to discharge and whether or not the discharge was
				planned or unplanned;
(h)
				recommendations for follow-up services;
(i) an up-to-date inventory of the program
				participant's clothing and personal belongings; and
(j) 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 37.99 - PRIVATE ALTERNATIVE ADOLESCENT RESIDENTIAL PROGRAMS OR OUTDOOR PROGRAMS (PAARP) › Subchapter 37.99.1 - Private Alternative Adolescent Residential Programs › Rule 37.99.124 - PRIVATE ALTERNATIVE ADOLESCENT RESIDENTIAL PROGRAMS: CASE PLAN

Current through Register Vol. 13, July 5, 2024
(1) Each program must develop and implement a
				case plan for each program participant in care.
(2) The case plan must include:
(a) the program participant's physical and
				medical needs;
(b) behavior
				management issues;
(c) mental
				health services when appropriate;
(d) measurable goals and objectives and
				corresponding time frames;
(e) the
				responsibilities of the program participant, staff, and parent/legal guardian
				for meeting the goals and objectives;
(f) education plans; and
(g) discharge plans and estimated discharge
				date.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.99 - PRIVATE ALTERNATIVE ADOLESCENT RESIDENTIAL PROGRAMS OR OUTDOOR PROGRAMS (PAARP) › Subchapter 37.99.1 - Private Alternative Adolescent Residential Programs › Rule 37.99.125 - PRIVATE ALTERNATIVE ADOLESCENT RESIDENTIAL PROGRAMS: RIGHTS AND GRIEVANCES

Current through Register Vol. 13, July 5, 2024
(1) The program
				must have a written program participant rights policy that supports and
				protects the fundamental human, civil, constitutional, and statutory rights of
				all program participants. These rights must include:
(a) to be treated with dignity and
				respect;
(b) freedom from abuse,
				neglect, and unnecessary physical restraint;
(c) freedom from corporal, cruel, harsh, or
				unnecessary punishment, name calling, infliction of pain, or excessive physical
				exercise;
(d) to adequate food,
				water, clothing, school supplies, and personal hygiene supplies;
(e) to receive care and services according to
				individual need;
(f) to
				educational services in accordance with Montana state law, if the program
				operates during the school year;
(g) freedom from discrimination;
(h) to a safe environment with respect for
				human dignity;
(i) to the
				protection of the privacy of information and records regarding each program
				participant and the participant's family;
(j) to communication and visitation
				privileges with family in person, by mail, or by phone;
(k) to be allowed to contact the Montana
				abuse reporting hotline to report allegations of abuse and neglect;
(l) to submit complaints and grieve alleged
				violations of these rules, including a prohibition on retaliation against a
				program participant for submitting such a complaint;
(m) to personal privacy, when it is not
				contrary to the treatment and safety needs of the program participant;
				and
(n) for consideration of the
				program participant's opinions and recommendations when developing the case
				plan.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.99 - PRIVATE ALTERNATIVE ADOLESCENT RESIDENTIAL PROGRAMS OR OUTDOOR PROGRAMS (PAARP) › Subchapter 37.99.1 - Private Alternative Adolescent Residential Programs › Rule 37.99.126 - PRIVATE ALTERNATIVE ADOLESCENT RESIDENTIAL PROGRAMS: BACKGROUND CHECKS

Current through Register Vol. 13, July 5, 2024
(1) All administrators, staff, volunteers,
				persons associated with the program, and any adult living at the program must
				complete a National Crime Information Center (NCIC) fingerprint-based
				background check from the Federal Bureau of Investigation. Results of the
				fingerprint-based background check must be documented prior to working or
				living at the program.
(a) A name-based
				criminal background check may be completed pending the results of the
				fingerprint background check. The department must receive the request for the
				fingerprint check and the results of the name-based check must be documented
				prior to the staff working at the facility.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.99 - PRIVATE ALTERNATIVE ADOLESCENT RESIDENTIAL PROGRAMS OR OUTDOOR PROGRAMS (PAARP) › Subchapter 37.99.1 - Private Alternative Adolescent Residential Programs › Rule 37.99.127 - PRIVATE ALTERNATIVE ADOLESCENT RESIDENTIAL PROGRAMS: CHILD ABUSE OR NEGLECT AND SERIOUS INCIDENTS

Current through Register Vol. 13, July 5, 2024
(1) A program must
				require each applicant, person associated with the program and staff member to
				read and sign a statement that clearly defines child abuse and neglect and
				outlines the individual's responsibility to report all known or suspected
				incidents of child abuse or neglect of any program participant to the
				department within 24 hours.
(2) Any
				program staff or person associated with the program who knows or has reasonable
				cause to suspect that an incident of child abuse or neglect has occurred must
				report within 24 hours of the incident to the program administrator, or a
				person designated by the program administrator, and to the state child abuse
				hotline, (866) 820- 5437 as required in
				41-3-201, MCA.
				The program must fully cooperate with any investigation conducted as a result
				of the report.
(3) A program must
				have written policies and procedures for handling any suspected incident of
				child abuse or neglect, including:
(a) a
				procedure for ensuring that the staff member suspected does not continue to
				provide direct care until an investigation is completed;
(b) a procedure for developing a safety plan
				approved by the department which protects the program participants and staff
				until the investigation is complete; and
(c) a procedure for taking appropriate
				disciplinary measures against any staff member involved in an incident of child
				abuse or neglect, including termination, retraining, or any other action geared
				towards the prevention of future incidents.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.99 - PRIVATE ALTERNATIVE ADOLESCENT RESIDENTIAL PROGRAMS OR OUTDOOR PROGRAMS (PAARP) › Subchapter 37.99.1 - Private Alternative Adolescent Residential Programs › Rule 37.99.132 - PRIVATE ALTERNATIVE ADOLESCENT RESIDENTIAL PROGRAMS: PHYSICAL ENVIRONMENT

Current through Register Vol. 13, July 5, 2024
(1) Each program
				must comply with all applicable federal, state, and local regulations, laws,
				and building codes.
(2) Adequate
				space must be provided for all phases of daily living, including recreation,
				privacy, group activities, and visits from family, friends, and community
				acquaintances.
(3) Program
				participants must have indoor areas of at least 40 square feet of floor space
				per program participant for quiet, reading, study, relaxing, and recreation.
				The minimum space requirement may not include halls, kitchens, and any rooms
				not used by program participants.
(4) A bedroom must contain at least 50 square
				feet of floor space per person. Bedrooms for single occupancy must have at
				least 80 square feet.
(5) The
				maximum number of program participants per bedroom must not exceed four. The
				bedrooms must have floor to ceiling walls.
(6) Program participants sharing a bedroom
				must be no more than 3 years in age apart.
(7) The program must provide:
(a) at least one toilet for every eight
				program participants; and
(b) one
				bathing facility for every eight residents.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.99 - PRIVATE ALTERNATIVE ADOLESCENT RESIDENTIAL PROGRAMS OR OUTDOOR PROGRAMS (PAARP) › Subchapter 37.99.1 - Private Alternative Adolescent Residential Programs › Rule 37.99.133 - PRIVATE ALTERNATIVE ADOLESCENT RESIDENTIAL PROGRAMS: LAUNDRY AND BEDDING

Current through Register Vol. 13, July 5, 2024
(1) If a program
				processes its laundry on site, it must:
(a)
				use areas solely for laundry purposes;
(b) equip the laundry room with at least one
				mechanical washer and hot-air tumble dryer, handwashing facilities, mechanical
				ventilation to the outside, a fresh air supply, and a hot water supply system
				which supplies the washer with water of at least 160°F (71°C) during
				each use. If the laundry water temperature is less than 160°F, chemical and
				detergent suitable to the water temperature and the manufacturer's recommended
				product time of exposure must be utilized;
(c) sort and store soiled laundry in an area
				separate from that used to sort and store clean laundry;
(d) provide well maintained carts or other
				containers impervious to moisture to transport laundry, keeping those used for
				soiled laundry separate from those used for clean laundry;
(e) dry all bed linen, towels, and washcloths
				in a manner that protects against contamination;
(f) protect clean laundry from contamination;
				and
(g) ensure that program staff
				handling laundry cover their clothes while working with soiled laundry, use
				separate clean covering for their clothes while handling clean laundry, and
				wash their hands both after working with soiled laundry and before they handle
				clean laundry.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.99 - PRIVATE ALTERNATIVE ADOLESCENT RESIDENTIAL PROGRAMS OR OUTDOOR PROGRAMS (PAARP) › Subchapter 37.99.1 - Private Alternative Adolescent Residential Programs › Rule 37.99.134 - PRIVATE ALTERNATIVE ADOLESCENT RESIDENTIAL PROGRAMS: WATER SUPPLY

Current through Register Vol. 13, July 5, 2024
(1) An adequate and potable supply of water
				must be provided.
(2) Before a
				license may be issued, a program using an individual, shared, or multiple user
				water supply must submit the following to the department or its designee:
(a) satisfactory coliform bacteria and
				nitrate test results as specified in ARM Title 17, chapter 38, subchapter 2;
				and
(b) the results of an onsite
				sanitary survey of the water supply system to detect sanitary
				deficiencies.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.99 - PRIVATE ALTERNATIVE ADOLESCENT RESIDENTIAL PROGRAMS OR OUTDOOR PROGRAMS (PAARP) › Subchapter 37.99.1 - Private Alternative Adolescent Residential Programs › Rule 37.99.135 - PRIVATE ALTERNATIVE ADOLESCENT RESIDENTIAL PROGRAMS: SEWAGE SYSTEM AND SOLID WASTE

Current through Register Vol. 13, July 5, 2024
(1) An adequate and
				safe wastewater system must be provided for conveying, treating, and disposing
				of all sewage. Immediate measures must be taken to alleviate health and
				sanitation hazards caused by wastewater at the program when they
				occur.
(2) All sewage, including
				liquid waste, must be disposed of by a public sewage treatment and disposal
				system constructed and operated in accordance to applicable state and local
				laws.
(3) A wastewater system has
				failed and requires replacement or repair if any of the following conditions
				occur:
(a) the system fails to accept, treat,
				or dispose of wastewater as designed;
(b) effluent from the wastewater system
				contaminates a potable water supply or state waters; or
(c) the wastewater system is subjected to
				mechanical failure, including electrical outage, or collapse or breakage of a
				septic tank, lead line, or drain field line.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.99 - PRIVATE ALTERNATIVE ADOLESCENT RESIDENTIAL PROGRAMS OR OUTDOOR PROGRAMS (PAARP) › Subchapter 37.99.1 - Private Alternative Adolescent Residential Programs › Rule 37.99.136 - PRIVATE ALTERNATIVE ADOLESCENT RESIDENTIAL PROGRAMS: FIRE SAFETY

Current through Register Vol. 13, July 5, 2024
(1) The department adopts and incorporates by
				reference the current edition of the locally adopted Fire Code (FC), which sets
				forth the fire safety regulations that apply to all programs.
(2) The local or state fire authority having
				jurisdiction must annually certify a program for fire and life
				safety.
(3) Smoke detectors and
				smoke alarms must be installed and operated in accordance with the FC set forth
				in the locally adopted FC.
(4)
				Carbon monoxide detectors must be installed and operated in accordance with the
				FC.
(5) A workable portable fire
				extinguisher, with a minimum rating of 2A10BC, must be located on each floor of
				the facility. Fire extinguishers must be:
(a)
				mounted on the wall not to exceed five feet from handle to floor and no closer
				than four inches from the floor;
(b) no more than 75 feet travel distance
				apart;
(c) inspected, recharged,
				and tagged at least once a year by a person certified by the state to perform
				such services; and
(d) not
				obstructed or obscured from view.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.99 - PRIVATE ALTERNATIVE ADOLESCENT RESIDENTIAL PROGRAMS OR OUTDOOR PROGRAMS (PAARP) › Subchapter 37.99.1 - Private Alternative Adolescent Residential Programs › Rule 37.99.137 - PRIVATE ALTERNATIVE ADOLESCENT RESIDENTIAL PROGRAMS: EMERGENCY AND EVACUATION PLANS

Current through Register Vol. 13, July 5, 2024
(1) A program must
				have and follow a written emergency plan developed in conjunction with
				emergency services in the community, and it must include specific procedures
				for evacuations, disasters, medical emergencies, hostage situations,
				casualties, missing program participants, and other serious incidents
				identified by the program.
(2) The
				emergency plan must 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 program
				participants after an evacuation or relocation;
(e) provisions for the instruction of all
				participants on how to respond in the case of an emergency;
(f) provisions for arranging medical care and
				notifying the program participant's licensed health care professional, and
				parent/legal guardian; and
(g)
				maintenance and repair of essential equipment including a two-way
				radio.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.99 - PRIVATE ALTERNATIVE ADOLESCENT RESIDENTIAL PROGRAMS OR OUTDOOR PROGRAMS (PAARP) › Subchapter 37.99.1 - Private Alternative Adolescent Residential Programs › Rule 37.99.138 - PRIVATE ALTERNATIVE ADOLESCENT RESIDENTIAL PROGRAMS: SAFETY

Current through Register Vol. 13, July 5, 2024
(1) A program must
				have written policies and procedures on safety and equipment.
(2) There must be a first aid kit with
				sufficient supplies available at all times. A first aid kit must:
(a) be readily available on site as well as
				in all vehicles used by the program;
(b) meet the standards of an appropriate
				national organization for the activity being conducted and the location and
				environment being used;
(c) be
				reviewed with new staff for contents and use; and
(d) be inventoried on a quarterly
				basis.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.99 - PRIVATE ALTERNATIVE ADOLESCENT RESIDENTIAL PROGRAMS OR OUTDOOR PROGRAMS (PAARP) › Subchapter 37.99.1 - Private Alternative Adolescent Residential Programs › Rule 37.99.145 - PRIVATE ALTERNATIVE ADOLESCENT RESIDENTIAL PROGRAMS: CASE RECORDS

Current through Register Vol. 13, July 5, 2024
(1) A program must maintain a written case
				record for each program participant which contains administrative, treatment,
				and educational data from the time of admission until the time the program
				participant is discharged from the program.
(2) The case record must include:
(a) the name, sex, and birth date of the
				program participant;
(b) the name,
				address, and telephone number of the parent/legal guardian of the program
				participant;
(c) date of
				admission;
(d) current immunization
				records and documentation of exemptions per program policy;
(e) date of discharge, person and signature
				whom the program participant was released to, and signed discharge
				summary;
(f) all documents related
				to the referral of the program participant to the program;
(g) current custody and parent/legal
				guardianship documents or other documents verifying legal custody of the
				parent/legal guardian placing the program participant per program
				policy;
(h) the program
				participant's court status, if applicable;
(i) a copy of the program participant's birth
				certificate;
(j) consent forms
				signed by the parent/legal guardian prior to placement allowing the program to
				authorize all necessary medical care, routine tests, immunization, and
				emergency medical or surgical treatment;
(k) cumulative health records including
				medical history provided by the parent/legal guardian;
(l) education records and reports, including
				but not limited to report cards and individual education plan (IEP)
				reports;
(m) treatment or clinical
				records and reports;
(n) records of
				physical restraints and special or serious incidents;
(o) case plans, treatment plans, all updates
				and related material;
(p) social
				assessment that is current to date of placement; and
(q) an immediate needs assessment and
				assigned responsibilities.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.99 - PRIVATE ALTERNATIVE ADOLESCENT RESIDENTIAL PROGRAMS OR OUTDOOR PROGRAMS (PAARP) › Subchapter 37.99.1 - Private Alternative Adolescent Residential Programs › Rule 37.99.146 - PRIVATE ALTERNATIVE ADOLESCENT RESIDENTIAL PROGRAMS: 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 a program participant must be kept confidential and are
				not available to any person, agency, or organization except as specified in (2)
				and (3).
(2) All records pertaining
				to a program participant are available upon request to:
(a) the program participant's parent/legal
				guardian or attorney absent specific and compelling reasons for refusing such
				records;
(b) a court with
				continuing jurisdiction over the placement of the program participant or any
				court of competent jurisdiction issuing an order for such records;
(c) a program participant to whom the records
				pertain, absent specific and compelling reasons for refusing specific records;
				or
(d) an adult who was formerly
				the program participant in care to whom the records pertain.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.99 - PRIVATE ALTERNATIVE ADOLESCENT RESIDENTIAL PROGRAMS OR OUTDOOR PROGRAMS (PAARP) › Subchapter 37.99.1 - Private Alternative Adolescent Residential Programs › Rule 37.99.147 - PRIVATE ALTERNATIVE ADOLESCENT RESIDENTIAL PROGRAMS: REPORTS

Current through Register Vol. 13, July 5, 2024
(1) The program must submit to the
				department, upon its request, any reports required by federal law, state law,
				or regulations.
(2) The program
				must report any of the following changes in writing to the department's
				licensure bureau, prior to the effective date of the change:
(a) a change of administrator;
(b) a change in location of which the
				department must approve prior to the move;
(c) a change in the name of the program;
				or
(d) any significant change in
				the program policies or procedures or services.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.99 - PRIVATE ALTERNATIVE ADOLESCENT RESIDENTIAL PROGRAMS OR OUTDOOR PROGRAMS (PAARP) › Subchapter 37.99.1 - Private Alternative Adolescent Residential Programs › Rule 37.99.148 - PRIVATE ALTERNATIVE ADOLESCENT RESIDENTIAL PROGRAMS: GENERAL REQUIREMENTS FOR ALL ADMINISTRATORS, STAFF MEMBERS, AND VOLUNTEERS

Current through Register Vol. 13, July 5, 2024
(1) A program must have written personnel and
				program policies and procedures covering the following items:
(a) screening procedure for all
				applicants;
(b) job qualifications
				for all positions;
(c) job
				descriptions for all positions;
(d)
				supervisory structure; and
(e)
				performance evaluations.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.99 - PRIVATE ALTERNATIVE ADOLESCENT RESIDENTIAL PROGRAMS OR OUTDOOR PROGRAMS (PAARP) › Subchapter 37.99.1 - Private Alternative Adolescent Residential Programs › Rule 37.99.149 - PRIVATE ALTERNATIVE ADOLESCENT RESIDENTIAL PROGRAMS: PERSONNEL RECORDS

Current through Register Vol. 13, July 5, 2024
(1) The program is responsible for
				maintaining a file on each administrator, person associated with the program,
				staff member, or volunteer. Files may be inspected by the department at any
				time. If the file is not maintained at the program it must be available to the
				department within 24 hours of the request.
(2) The file must contain:
(a) application for employment;
(b) written results of at least two
				references;
(c) record of
				orientation and ongoing training;
(d) periodic performance
				evaluations;
(e) a copy of current
				credentials, certification, or professional licenses required to perform the
				duties described in the job description;
(f) documentation of criminal background
				check as specified in [37.99.126 ];
(g) documentation of child protective
				services background checks as specified in [37.99.126];
(h) documentation of Montana and National
				registry checks as specified in [37.99.126];
(i) a copy of current driver's license for
				employees transporting program participants; and
(j) any other employee records required by
				this subchapter.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.99 - PRIVATE ALTERNATIVE ADOLESCENT RESIDENTIAL PROGRAMS OR OUTDOOR PROGRAMS (PAARP) › Subchapter 37.99.1 - Private Alternative Adolescent Residential Programs › Rule 37.99.150 - PRIVATE ALTERNATIVE ADOLESCENT RESIDENTIAL PROGRAMS: QUALITY ASSESSMENT

Current through Register Vol. 13, July 5, 2024
(1) The program must 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 program participant
				satisfaction surveys at least annually which are maintained and filed at the
				program;
(b) maintaining records on
				the occurrence, duration, and frequency of physical restraints used;
				and
(c) reviewing, on an ongoing
				basis, serious incident reports, 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 37.99 - PRIVATE ALTERNATIVE ADOLESCENT RESIDENTIAL PROGRAMS OR OUTDOOR PROGRAMS (PAARP) › Subchapter 37.99.1 - Private Alternative Adolescent Residential Programs › Rule 37.99.151 - PRIVATE ALTERNATIVE ADOLESCENT RESIDENTIAL PROGRAMS: ADMINISTRATOR

Current through Register Vol. 13, July 5, 2024
(1) Each program must employ an administrator
				that is responsible for the day-to-day operation of the program.
(2) The administrator must have formal
				training and/or experience in residential or outdoor programs and demonstrates
				the ability to perform the functions and duties required in these
				rules.
(3) In the absence of the
				administrator, a staff member must be designated to oversee the operation of
				the program during the administrator's absence. The administrator or designee
				must be in charge, on call, and physically available on a daily basis as
				needed, and must ensure there are sufficient, qualified staff so that the care,
				well-being, health, and safety needs of the program participants are met at all
				times.
(a) If the administrator will be
				absent from the program for more than 30 continuous days, the department must
				be given written notice of the individual who has been appointed the designee.
				The appointed designee must meet the requirements for an
				administrator.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.99 - PRIVATE ALTERNATIVE ADOLESCENT RESIDENTIAL PROGRAMS OR OUTDOOR PROGRAMS (PAARP) › Subchapter 37.99.1 - Private Alternative Adolescent Residential Programs › Rule 37.99.152 - PRIVATE ALTERNATIVE ADOLESCENT RESIDENTIAL PROGRAMS: STAFF

Current through Register Vol. 13, July 5, 2024
(1) Each program must maintain the minimum
				program participant to awake-staff ratios:
(a) from 7:00 a.m. to 11:00 p.m., eight
				program participants to one staff;
(b) from 11:00 p.m. to 7:00 a.m., or any
				other reasonable eight-hour period of time when program participants are
				generally sleeping, 16 program participants to one staff; and
(c) programs must have at least one awake
				night staff in each building housing program participants regardless of the
				number of participants.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.99 - PRIVATE ALTERNATIVE ADOLESCENT RESIDENTIAL PROGRAMS OR OUTDOOR PROGRAMS (PAARP) › Subchapter 37.99.1 - Private Alternative Adolescent Residential Programs › Rule 37.99.153 - PRIVATE ALTERNATIVE ADOLESCENT RESIDENTIAL PROGRAMS: STAFF TRAINING

Current through Register Vol. 13, July 5, 2024
(1) A program must have written policies,
				procedures, and initial and ongoing training curriculum that meets the minimum
				requirements in this rule.
(2)
				Programs must provide adequate and timely training to ensure the safety of
				program participants.
(3) All
				program staff must complete a minimum of 24 hours of orientation training
				consisting of the following minimum requirements:
(a) an overview of the program's policy,
				procedures, organization, and services;
(b) mandatory child abuse reporting
				laws;
(c) behavioral management
				techniques;
(d) fire safety,
				including emergency evacuation routes;
(e) confidentiality;
(f) suicide prevention;
(g) emergency medical procedures;
(h) report writing including the development
				and maintenance of logs and journals;
(i) program participant rights as outlined in
				[37.99.125 ]; and
(j) hours
				required for on-the-job training.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.99 - PRIVATE ALTERNATIVE ADOLESCENT RESIDENTIAL PROGRAMS OR OUTDOOR PROGRAMS (PAARP) › Subchapter 37.99.1 - Private Alternative Adolescent Residential Programs › Rule 37.99.159 - PRIVATE ALTERNATIVE ADOLESCENT RESIDENTIAL PROGRAMS: PHYSICAL CARE

Current through Register Vol. 13, July 5, 2024
(1) Every program participant must have
				access to the services of at least one licensed health care professional as
				defined in
				50-5-101,
				MCA.
(2) Medical, dental,
				psychiatric, psychological care, and counseling services will be arranged for
				the program participant as needed.
(3) If a program participant has not received
				a complete physical examination within a year prior to placement, within 30
				days after admission the program must arrange for a complete physical
				examination and annually thereafter.
(4) If a program participant has not had a
				dental examination within a year prior to placement, the program must arrange
				for the program participant to have a dental examination within 90 days after
				admission. All necessary dental work must be completed, and checkups must be
				arranged for the program participant at least annually.
(5) If a program participant has not had an
				eye examination within a year prior to placement, the program must arrange for
				the program participant to have an eye examination within 90 days after
				admission. All necessary checkups must be arranged for the program participant
				at least annually.
(6) Provisions
				for medical, dental, or vision care must be made by the provider immediately
				upon the licensed health care professional's recommendation with notification
				to the parent/legal guardian.
(7)
				Documentation of all required services must be in the program participant's
				file.
AUTH: Chap. 293, section 3(2), L. of 2019, Chap. 293,
					 section 5(2), L. of 2019; IMP: Chap. 293, section 3(2), L. of 2019, Chap. 293,
					 section 5, L. of 2019, Chap. 293, section 9, L. of
					 2019
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.99 - PRIVATE ALTERNATIVE ADOLESCENT RESIDENTIAL PROGRAMS OR OUTDOOR PROGRAMS (PAARP) › Subchapter 37.99.1 - Private Alternative Adolescent Residential Programs › Rule 37.99.160 - PRIVATE ALTERNATIVE ADOLESCENT RESIDENTIAL PROGRAMS: MEDICATION STORAGE AND ADMINISTRATION

Current through Register Vol. 13, July 5, 2024
(1) A program
				must have written policies and procedures regarding the storage,
				administration, and disposal of prescription, nonprescription, and
				over-the-counter medication.
(2)
				All medication must be kept in a locked nonportable container, stored in its
				original container with the original prescription label. For medications taken
				on outings, all medication must be in the possession of a staff member trained
				to assist with the self-administration of medications.
(3) Staff who assist with self-administration
				must be trained to assist 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 that professional's practice determines that the medications are
				clinically indicated.
(6) Under no
				circumstances may psychotropic or any other prescription or over-the-counter
				medication be given for disciplinary purposes, for the convenience of the
				staff, or as a substitute for other appropriate treatment services.
(7) A written record of all medications
				administered to a program participant must be maintained and include:
(a) program participant's name;
(b) name and dosage of the
				medication;
(c) the date and time
				the medication was taken or was refused by the program participant;
(d) name of the staff member who assisted in
				the 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 37.99 - PRIVATE ALTERNATIVE ADOLESCENT RESIDENTIAL PROGRAMS OR OUTDOOR PROGRAMS (PAARP) › Subchapter 37.99.1 - Private Alternative Adolescent Residential Programs › Rule 37.99.161 - PRIVATE ALTERNATIVE ADOLESCENT RESIDENTIAL PROGRAMS: CARE AND GUIDANCE

Current through Register Vol. 13, July 5, 2024
(1) A program must provide to each program
				participant sufficient staff to ensure:
(a)
				appropriate medical care, supervision, safety, treatment, and
				guidance;
(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 37.99 - PRIVATE ALTERNATIVE ADOLESCENT RESIDENTIAL PROGRAMS OR OUTDOOR PROGRAMS (PAARP) › Subchapter 37.99.1 - Private Alternative Adolescent Residential Programs › Rule 37.99.162 - PRIVATE ALTERNATIVE ADOLESCENT RESIDENTIAL PROGRAMS: NUTRITION

Current through Register Vol. 13, July 5, 2024
(1) A program must provide for or serve three
				regular, well-balanced meals per day, and snacks. Foods must be served in
				amounts and a variety sufficient to meet the nutritional needs of each program
				participant.
(2) Special diets must
				be provided for program participants as ordered in writing by a licensed health
				care professional. Such orders must be kept on file by the program.
(3) Food may not be altered, modified,
				restricted, or prohibited as a means of punishment, discipline, or as a
				behavioral modification technique.
(4) Records of menus as served must be filed
				at the program for three months after the date of service for review by the
				department.
AUTH: Chap. 293, section 3(2), L. of 2019, Chap. 293,
					 section 5(2), L. of 2019; IMP: Chap. 293, section 3, L. of 2019, Chap. 293,
					 section 5, L. of 2019, Chap. 293, section 9, L. of
					 2019
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.99 - PRIVATE ALTERNATIVE ADOLESCENT RESIDENTIAL PROGRAMS OR OUTDOOR PROGRAMS (PAARP) › Subchapter 37.99.1 - Private Alternative Adolescent Residential Programs › Rule 37.99.163 - PRIVATE ALTERNATIVE ADOLESCENT RESIDENTIAL PROGRAMS: FOOD PREPARATION AND HANDLING

Current through Register Vol. 13, July 5, 2024
(1) Safe food
				handling and preparation practices must be followed in all programs. All food
				must be from an approved source and must be transported, labeled, stored,
				covered, prepared, and served in a sanitary manner to prevent
				contamination.
(2) The program must
				have conveniently located hand washing facilities, supplied with liquid hand
				soap, disposable towels kept clean in a dispenser, and cleanable trash
				can.
(3) Any staff person or
				program participant handling or preparing food must thoroughly wash hands,
				wrists, and exposed arms with soap and warm running water for at least 20
				seconds:
(a) before and after handling
				food;
(b) after using the bathroom;
				and
(c) after handling raw food
				such as raw meat, uncooked eggs, and unwashed fruits and vegetables.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.99 - PRIVATE ALTERNATIVE ADOLESCENT RESIDENTIAL PROGRAMS OR OUTDOOR PROGRAMS (PAARP) › Subchapter 37.99.1 - Private Alternative Adolescent Residential Programs › Rule 37.99.164 - PRIVATE ALTERNATIVE ADOLESCENT RESIDENTIAL PROGRAMS: PERSONAL NEEDS

Current through Register Vol. 13, July 5, 2024
(1) The program must ensure that each program
				participant has clothing suitable to the program participant's age and size and
				comparable to the clothing of other adolescents in the community.
(2) Program participants must have some
				choice in the selection of their clothing.
(3) A program must provide necessary supplies
				and train program participant's in personal care, hygiene, and
				grooming.
AUTH: Chap. 293, section 3(2), L. of 2019, Chap. 293,
					 section 5(2), L. of 2019; IMP: Chap. 293, section 3, L. of 2019, Chap. 293,
					 section 5, L. of 2019, Chap. 293, section 9, L. of
					 2019
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.99 - PRIVATE ALTERNATIVE ADOLESCENT RESIDENTIAL PROGRAMS OR OUTDOOR PROGRAMS (PAARP) › Subchapter 37.99.1 - Private Alternative Adolescent Residential Programs › Rule 37.99.170 - PRIVATE ALTERNATIVE ADOLESCENT RESIDENTIAL PROGRAMS: BEHAVIOR MANAGEMENT POLICIES

Current through Register Vol. 13, July 5, 2024
(1) A program must
				have written behavior management policies and procedures which include a
				description of the model, program, or techniques to be used with program
				participants. The program must have policies addressing discipline, therapeutic
				de-escalation in crisis situations, crisis intervention and physical restraint,
				and time-out. Behavior management must be based on an individual assessment of
				each program participant's needs, stage of development, and behavior. It must
				be designed with the goal of teaching the program participant to manage their
				own behavior and be based on the concept of providing effective treatment by
				the least restrictive means.
(2)
				The behavior management policies and procedures 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) placing of anything in or on a program
				participant'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 program participant's
				family;
(f) physical discipline of
				any means including but not limited to hitting, shaking, biting, or
				pinching;
(g) locked confinement or
				seclusion;
(h) withholding of
				necessary food, water, clothing, shelter, bedding, rest, medications as
				prescribed, medical care, or toilet use;
(i) denial of visits or communication with
				the program participant's family;
(j) isolation as punishment; and
(k) any other form of punishment or
				discipline which subjects a program participant to pain, humiliation, or
				unnecessary isolation or restraint.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.99 - PRIVATE ALTERNATIVE ADOLESCENT RESIDENTIAL PROGRAMS OR OUTDOOR PROGRAMS (PAARP) › Subchapter 37.99.1 - Private Alternative Adolescent Residential Programs › Rule 37.99.171 - PRIVATE ALTERNATIVE ADOLESCENT RESIDENTIAL PROGRAMS: TIME-OUT

Current through Register Vol. 13, July 5, 2024
(1) A program must develop a written time-out
				policy and procedures which clearly provide:
(a) length of time the program participant
				may remain in time-out which must be age appropriate;
(b) guidelines for staff observation of the
				program participant when in time-out;
(c) documentation required for each time-out
				that is directed by staff;
(d)
				purpose of time-out; and
(e) staff
				training pertaining to the use of time-out.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.99 - PRIVATE ALTERNATIVE ADOLESCENT RESIDENTIAL PROGRAMS OR OUTDOOR PROGRAMS (PAARP) › Subchapter 37.99.1 - Private Alternative Adolescent Residential Programs › Rule 37.99.172 - PRIVATE ALTERNATIVE ADOLESCENT RESIDENTIAL PROGRAMS: USE OF CRISIS INTERVENTION AND PHYSICAL RESTRAINT STRATEGIES

Current through Register Vol. 13, July 5, 2024
(1) The program must have written policies
				and procedures governing the appropriate use of crisis intervention and
				physical restraint methods if used by the program.
(2) The crisis intervention and physical
				restraint policies and procedures must include:
(a) crisis prevention and verbal and
				nonverbal de-escalation techniques are the preferred methods and must be used
				first to manage behavior;
(b) all
				staff must be trained in the program's crisis intervention, de-escalation
				techniques, and physical restraint methods;
(c) physical restraint may only be used to
				safely control a program participant until the program participant can regain
				control of their own behavior;
(d)
				physical restraint must only be used in the following circumstances:
(i) when the program participant has failed
				to respond to de-escalation techniques and it is necessary to prevent harm to
				the program participant or others; or
(ii) when a program participant's behavior
				puts themselves or others at substantial risk of harm and the program
				participant must be forcibly moved;
(e) physical restraint must be used only
				until the program participant has regained control and must not exceed 15
				consecutive minutes. If the program participant remains a danger to self or
				others after 15 minutes, the participant's record must include written
				documentation of attempts made to release the program participant from the
				restraint and the reasons that continuation of restraint is necessary;
				and
(f) physical restraint may be
				used only by staff who are documented to be specifically trained in crisis
				intervention and physical restraint techniques.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.99 - PRIVATE ALTERNATIVE ADOLESCENT RESIDENTIAL PROGRAMS OR OUTDOOR PROGRAMS (PAARP) › Subchapter 37.99.1 - Private Alternative Adolescent Residential Programs › Rule 37.99.173 - PRIVATE ALTERNATIVE ADOLESCENT RESIDENTIAL PROGRAMS: SEARCHES

Current through Register Vol. 13, July 5, 2024
(1) The provisions of this rule apply to all
				searches by program staff of the program participant's person and personal
				property, including searches of personal correspondence. The facts and
				circumstances supporting a determination of reasonable cause for the search
				must be documented in the program participant's file.
(2) Program participants may not be subjected
				to any search except as follows:
(a) there is
				reasonable cause to believe that the search will result in discovery of
				contraband;
(b) there is reasonable
				cause to believe that the search is necessary to alleviate a threat of harm to
				the program participant, other individuals, or staff; or
(c) there is a court order/parole order in
				the program participant's case record allowing for searches.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.99 - PRIVATE ALTERNATIVE ADOLESCENT RESIDENTIAL PROGRAMS OR OUTDOOR PROGRAMS (PAARP) › Subchapter 37.99.1 - Private Alternative Adolescent Residential Programs › Rule 37.99.174 - PRIVATE ALTERNATIVE ADOLESCENT RESIDENTIAL PROGRAMS: CONTRABAND AND POTENTIAL WEAPONS

Current through Register Vol. 13, July 5, 2024
(1) A program must
				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 program participant's parent/legal guardian or destroyed in
				accordance with the program's contraband policy. When contraband is disposed
				of, at least two staff members must be present, and the disposal must be
				documented in the program participant's case record.
(4) If contraband that is not illegal is
				stored by the program, the program must have written policies clearly outlining
				the storing procedure.
(5) A
				program must have written policy and procedure on management of weapons and
				potential weapons.
(6) Guns and
				ammunition must be kept in locked storage with guns stored separately from the
				ammunition. Guns kept in vehicles must have a staff member present and be
				locked in the glove compartment or gun rack, must be unloaded, and ammunition
				must be kept locked in a separate location in the vehicle.
(7) A program participant must have one on
				one supervision when handling a weapon or gun.
(8) Staff shall supervise a program
				participant's possession and use of knives, hatchets, other edged tools, or any
				item which may pose a danger to self or others.
AUTH: Chap. 293, section 3(2), L. of 2019, Chap. 293,
					 section 5(2), L. of 2019; IMP: Chap. 293, section 3, L. of 2019, Chap. 293,
					 section 5, L. of 2019, Chap. 293, section 9, L. of
					 2019