reglab/statecodes huggingface dataset:
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.49 - IV-E FOSTER CARE SERVICES › Subchapter 37.49.7 - Termination and Hearing Rights › Rule 37.49.704 - IV-E FOSTER CARE ELIGIBILITY: OPPORTUNITY FOR HEARING

Current through Register Vol. 13, July 5, 2024
(1) The placing worker who does not agree
				with an adverse action of the department related to IV-E eligibility shall have
				the right to a hearing as provided in ARM
				37.5.304,
				37.5.307,
				37.5.313,
				37.5.316,
				37.5.318,
				37.5.322,
				37.5.325,
				37.5.328,
				37.5.331,
				37.5.334,
				37.5.337,
				37.5.503 and
				37.5.505.
Sec.
					 53-2-201
					 and
					 53-6-113,
					 MCA; IMP, Sec.
					 53-2-201
					 and
					 53-6-131,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.50 - FOSTER CARE SERVICES AND GUARDIANSHIP SERVICES › Subchapter 37.50.1 - Foster Care General Requirements › Rule 37.50.101 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
The following definitions apply to the rules contained in
				  this subchapter.
(1) "Daily rate"
				means the rate the department will pay to facilities for supervision and
				treatment services. The daily rate is a percentage of the model rate and is
				based upon the department's appropriation for foster care services.
(2) "Department" means the department of
				public health and human services.
(3) "Facility" means child care agencies and
				youth group homes as defined in ARM
				37.97.102 and child placing
				agencies as defined in ARM
				37.93.101.
(4) "Foster care" or "substitute care" means
				full-time care of a child in a residential setting for the purpose of providing
				food, shelter, security and safety, guidance, direction and, if necessary,
				treatment to children who are removed from or without the care and supervision
				of their parents or guardian.
(5)
				"Model rate" means the rate established by the department for the essential
				programmatic costs of the supervision and treatment services the department
				requires for each classification level.
(6) "Professional staff" means staff employed
				by the facility who have a bachelor's, master's degree or doctorate in social
				work, counseling, psychology or a related field.
(7) "Voluntary placement" means an
				out-of-home placement of a child by the department after the parents or
				guardians have requested the assistance of the agency and signed a voluntary
				placement agreement.
(8) "Voluntary
				placement agreement" means a written agreement between the department and the
				parents or guardians of a child which contains the consent of the parents or
				guardians to placement in foster care and the rights and obligations of the
				parents or guardians, and the department while the child is in
				placement.
(9) "Youth" means any
				person under the age of 18.
(10)
				"Youth care facility (YCF) " means a licensed facility in which foster care is
				provided and includes youth foster homes, youth group homes and child care
				agencies.
Sec.
					 41-3-1103
					 and
					 52-1-103,
					 MCA; IMP, Sec.
					 41-3-1103
					 and
					 52-1-103,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.50 - FOSTER CARE SERVICES AND GUARDIANSHIP SERVICES › Subchapter 37.50.1 - Foster Care General Requirements › Rule 37.50.105 - GENERAL REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1) The department
				may place a child in substitute care pursuant to:
(a) a court order;
(b) emergency protective services as
				authorized by
				41-3-301,
				MCA;
(c) a voluntary placement
				agreement entered by the department and the parents or guardians of the child;
				or
(d) other lawful
				authority.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.50 - FOSTER CARE SERVICES AND GUARDIANSHIP SERVICES › Subchapter 37.50.1 - Foster Care General Requirements › Rule 37.50.106 - VOLUNTARY PLACEMENT

Current through Register Vol. 13, July 5, 2024
(1) Voluntary
				placement should not exceed 6 months in duration.
(2) Voluntary placement agreements will
				generally not be accepted if:
(a) the child
				requests placement to avoid being held responsible for the child's behavior or
				because of conflicts with the parents or guardians; or
(b) the parents or guardians request
				placement because of behavior problems of the child or conflict with the
				child;
(c) In cases where requests
				for voluntary placement agreements are denied, the department will make
				appropriate referrals for services for the family to address these
				problems.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.50 - FOSTER CARE SERVICES AND GUARDIANSHIP SERVICES › Subchapter 37.50.3 - Foster Care Maintenance Payments › Rule 37.50.301 - FOSTER CARE MAINTENANCE PAYMENTS

Current through Register Vol. 13, July 5, 2024
(1) If the
				child is found eligible for substitute care placement and foster care
				maintenance payments, the department shall make payment to the licensed youth
				care facility where the child is placed according to the rate established by
				the department for such facilities.
Sec.
					 41-3-1103,
					 MCA; IMP, Sec.
					 41-3-302
					 and
					 41-3-1103,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.50 - FOSTER CARE SERVICES AND GUARDIANSHIP SERVICES › Subchapter 37.50.3 - Foster Care Maintenance Payments › Rule 37.50.305 - FOSTER CARE OVERPAYMENTS AND UNDERPAYMENTS

Current through Register Vol. 13, July 5, 2024
(1) The department is entitled to promptly
				recover the amount of any foster care overpayment made to a foster care
				provider. Recovery will be accomplished by the provider making payment of the
				overpayment within 30 days of notification of the overpayment. If the provider
				fails to repay the overpayment within 30 days, the department may reduce future
				foster care maintenance payments until the overpayment is recovered in
				full.
(2) Where an underpayment of
				foster care maintenance payments is made it will be corrected by increasing the
				payment for the following month to cover the underpayment.
(3) The provider shall promptly notify the
				department of any overpayment or underpayment.
Sec.
					 41-3-1103,
					 MCA; IMP, Sec.
					 41-3-1103,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.50 - FOSTER CARE SERVICES AND GUARDIANSHIP SERVICES › Subchapter 37.50.3 - Foster Care Maintenance Payments › Rule 37.50.306 - FOSTER CARE RIGHT TO FAIR HEARING

Current through Register Vol. 13, July 5, 2024
(1) Any
				person aggrieved by an adverse department determination denying foster care
				maintenance payments or demanding recovery of a foster care overpayment may
				request a hearing as provided in ARM
				37.5.304,
				37.5.305,
				37.5.307,
				37.5.310,
				37.5.311,
				37.5.313,
				37.5.316,
				37.5.318,
				37.5.322,
				37.5.325,
				37.5.328,
				37.5.331,
				37.5.334 and
				37.5.337.
Sec.
					 2-4-201
					 and
					 41-3-1103,
					 MCA; IMP, Sec.
					 41-3-302
					 and
					 41-3-1103,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.50 - FOSTER CARE SERVICES AND GUARDIANSHIP SERVICES › Subchapter 37.50.3 - Foster Care Maintenance Payments › Rule 37.50.310 - FOSTER CARE PAYMENTS TO FACILITIES

Current through Register Vol. 13, July 5, 2024
(1) The
				department shall make payments to facilities for the care of youths who have
				been approved by the department for placement into the facility. The rate of
				payment shall be based upon the classification of the facility according to ARM
				37.50.315.
(2) Facilities in the state of Montana must
				be licensed by the department or responsible tribal authority, and must have a
				current contract with the department to be eligible for payments for foster
				care from the department.
Sec.
					 41-3-1103
					 and
					 52-1-103,
					 MCA; IMP, Sec.
					 41-3-1103,
					 41-3-1122
					 and
					 52-1-103,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.50 - FOSTER CARE SERVICES AND GUARDIANSHIP SERVICES › Subchapter 37.50.3 - Foster Care Maintenance Payments › Rule 37.50.316 - FOSTER CARE CLASSIFICATION PROCEDURES

Current through Register Vol. 13, July 5, 2024
(1)
				Effective January 15, 1989, all facilities providing foster care under contract
				to the department shall be classified according to the level of treatment and
				supervision provided. Any facility that does not have a contract with the
				department may request classification at any time.
(2) The department shall request information
				from the facility regarding treatment and supervision services provided,
				population served and staffing of the facility. The department may conduct an
				on site visit at any time for purposes of assessing the classification of the
				facility.
(3) Each facility
				classified will be offered a daily rate which the department will pay for each
				day of care provided to children approved by the department for placement in
				the facility. The daily rate will be a percentage of the model rate established
				by the department for the classification.
(4) If the facility disagrees with the
				classification assigned by the department, the facility may submit a request
				for informal reconsideration within 30 days of written notification of the
				classification level.
(a) The request must
				state with particularity the reasons the facility believes the classification
				is incorrect and must include any supporting documentation the facility wishes
				to submit.
(b) The request for
				reconsideration shall be submitted to the Department of Public Health and Human
				Services, Child and Family Services Division, Cogswell Building, 1400 Broadway,
				P.O. Box 8005, Helena, MT 59604-8005.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.50 - FOSTER CARE SERVICES AND GUARDIANSHIP SERVICES › Subchapter 37.50.3 - Foster Care Maintenance Payments › Rule 37.50.320 - FOSTER CARE FACILITY CONTRACTS

Current through Register Vol. 13, July 5, 2024
(1)
				Facilities that have been classified may apply for a contract with the
				department on a form provided by the department.
(2) At least 30 days prior to the expiration
				of the contract, each facility wishing to contract with the department shall
				submit an application for a new contract.
(3) The department shall select contractors
				on the basis of the department's need for the services provided by the
				facility. The selection process may include information regarding the
				contractor's history of providing services to children. The selection process
				shall include:
(a) a review of the
				department's access to similar services currently provided in the state or
				region;
(b) an overview of the
				children placed by the department requiring these services;
(c) a review of the cost for the service
				compared with available funding sources and appropriations; and
(d) a determination regarding the
				appropriateness of the service for children placed by the department.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.50 - FOSTER CARE SERVICES AND GUARDIANSHIP SERVICES › Subchapter 37.50.4 - Foster Care Review Committee › Rule 37.50.401 - FOSTER CARE REVIEW COMMITTEE

Current through Register Vol. 13, July 5, 2024
(1) The
				committee will conduct a review of any child placed in a licensed family foster
				home, a child care agency, group home or treatment facility if the child is
				placed under the supervision of the department or placed by the department or
				the department pays for the care of the child.
(2) At least one committee shall be appointed
				in each judicial district in the state by the youth court judge in consultation
				with the department.
(3) The
				committee shall be composed of not less than five nor more than seven members
				including:
(a) a representative of the
				department;
(b) a representative of
				the youth court;
(c) someone
				knowledgeable in the needs of the children in foster care placements not
				employed by the youth court or department;
(d) a representative of a local school
				district;
(e) the foster parent of
				the child whose care is under review, if there is one. The foster parent's
				appointment is effective only for and during that review;
(f) if the child under review is an Indian,
				an Indian person or a person knowledgeable about Indian cultural and family
				matters who is appointed for that review only.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.50 - FOSTER CARE SERVICES AND GUARDIANSHIP SERVICES › Subchapter 37.50.4 - Foster Care Review Committee › Rule 37.50.402 - SUBJECT OF FOSTER CARE REVIEWS

Current through Register Vol. 13, July 5, 2024
(1) Foster
				care reviews must specifically consider the following:
(a) Are the child, parents, foster parents
				receiving appropriate services designed to get the child home?
(b) Have reasonable efforts been made by the
				placing agency to return the child to his or her home?
(c) Can the child return home? If not, why
				not? What efforts must be made by the parents and agency before the child can
				return home?
(d) In the interim, is
				this placement the least restrictive, most appropriate and as close as possible
				to the parents' home so as to facilitate visitation?
(e) Does the child's treatment plan need to
				be modified?
(f) By what date may
				it be expected that the child will return home, be placed for adoption or other
				alternative permanent placement situation (i.e., permanent foster care or
				guardianship) ?
(g) To what extent
				have the parents visited the child, what attempts has the placing worker made
				to facilitate visitation, and any reason why visitation has not
				happened?
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.50 - FOSTER CARE SERVICES AND GUARDIANSHIP SERVICES › Subchapter 37.50.4 - Foster Care Review Committee › Rule 37.50.405 - REPORTS OF FOSTER CARE REVIEW COMMITTEE

Current through Register Vol. 13, July 5, 2024
(1)
				The committee, after reviewing the information provided, shall submit a written
				report to the judge, the department and placing agency summarizing their
				findings and recommendations within 30 days of the review date. The report
				shall include:
(a) answers to questions in
				ARM 37.50.402;
(b) recommendations and reasons as to
				continuation or discontinuation of foster care;
(c) treatment needs of child.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.50 - FOSTER CARE SERVICES AND GUARDIANSHIP SERVICES › Subchapter 37.50.4 - Foster Care Review Committee › Rule 37.50.410 - REDUCTION OF THE NUMBER OF CHILDREN IN FOSTER CARE

Current through Register Vol. 13, July 5, 2024
(1) This rule sets the department's specific
				goal on the maximum number of children receiving assistance under Title IV-E of
				the Social Security Act (hereinafter referred to as IV-E children) who have
				been in foster care for 2 or more years.
(2) At the end of each fiscal year the
				department shall determine what percent of the total number of IV-E children in
				foster care are IV-E children who have been in foster care for 2 or more years.
				The department shall calculate the percentage by:
(a) determining the total number of IV-E
				children in foster care; and
(b)
				dividing the total number into the number of IV-E children who have been in
				foster care for 2 or more years.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.50 - FOSTER CARE SERVICES AND GUARDIANSHIP SERVICES › Subchapter 37.50.5 - Foster Care Support Services › Rule 37.50.501 - FOSTER CARE SUPPORT SERVICES, PURPOSE

Current through Register Vol. 13, July 5, 2024
(1)
				The purpose of this subchapter is to establish eligibility criteria for foster
				care support services. Payment for foster care support services may be made on
				behalf of foster children who require diapers, respite care, and other specific
				special services which are not available from other sources.
AUTH:
					 41-3-1103,
					 53-2-201,
					 53-4-111, MCA; IMP:
					 41-3-1103,
					 53-4-111,
					 MCA
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.50 - FOSTER CARE SERVICES AND GUARDIANSHIP SERVICES › Subchapter 37.50.5 - Foster Care Support Services › Rule 37.50.502 - FOSTER CARE SUPPORT SERVICES, DEFINITIONS

Current through Register Vol. 13, July 5, 2024
For the purposes of this subchapter, the following
				  definitions apply:
(1) "Foster child"
				means any person under the age of 18 years, without regard to sex or
				emancipation, who has been placed in a licensed youth foster home.
(2) "Foster care support services" means a
				diaper allowance, respite care allowance, or other special need allowance paid
				on behalf of a foster child who has a documented need for such foster care
				support services.
(3) "Diaper
				allowance" means payments made on behalf of a foster child for diapers subject
				to the conditions and limitations set forth in ARM
				37.50.505.
(4) "Supplemental services allowance" means
				payments made on behalf of a foster child who requires educationally related
				services or equipment which is not available from any other source. Special
				needs include any documented special requirements necessary for the foster
				child, subject to the conditions and limitations set forth in ARM
				37.50.510.
(5) "Respite care allowance" means payments
				made on behalf of a foster child for assistance necessary to provide foster
				parents with relief from the daily care requirements of foster children whose
				mental or physical condition requires special or more intense care. Respite
				care allowances are subject to the conditions and limitations set forth in ARM
				37.50.511.
AUTH:
					 41-3-1103,
					 53-2-201,
					 53-4-111, MCA; IMP:
					 41-3-1103,
					 53-4-111,
					 MCA
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.50 - FOSTER CARE SERVICES AND GUARDIANSHIP SERVICES › Subchapter 37.50.5 - Foster Care Support Services › Rule 37.50.505 - FOSTER CARE SUPPORT SERVICES, DIAPER ALLOWANCE

Current through Register Vol. 13, July 5, 2024
(1) Any child under the age of 3 who is
				placed in a licensed foster home is eligible for a diaper allowance if:
(a) the child is expected to be in foster
				care for more than 30 days;
(b) the
				department is making foster care payments for the child; and
(c) there is a need for diapers as documented
				by the placing worker.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.50 - FOSTER CARE SERVICES AND GUARDIANSHIP SERVICES › Subchapter 37.50.5 - Foster Care Support Services › Rule 37.50.506 - FOSTER CARE SUPPORT SERVICES, CLOTHING ALLOWANCE (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 41-3-1103,
					 53-2-201,
					 53-4-111, MCA; IMP:
					 41-3-1103,
					 53-4-111,
					 MCA
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.50 - FOSTER CARE SERVICES AND GUARDIANSHIP SERVICES › Subchapter 37.50.5 - Foster Care Support Services › Rule 37.50.510 - FOSTER CARE SUPPORT SERVICES, SUPPLEMENTAL SERVICES ALLOWANCE

Current through Register Vol. 13, July 5, 2024
(1) Any child placed in a licensed youth
				foster home is eligible for a supplemental services allowance if:
(a) the child is expected to be in foster
				care for more than 30 days;
(b) the
				department is making the foster care payments for the child;
(c) the need for a supplemental services
				allowance has been documented by the placing social worker; and
(d) all other possible resources have been
				exhausted.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.50 - FOSTER CARE SERVICES AND GUARDIANSHIP SERVICES › Subchapter 37.50.5 - Foster Care Support Services › Rule 37.50.511 - FOSTER CARE SUPPORT SERVICES, RESPITE CARE ALLOWANCE

Current through Register Vol. 13, July 5, 2024
(1) Any child placed in a licensed youth
				foster home is eligible for respite care allowance if:
(a) the child is expected to be in placement
				for more than 30 days;
(b) the
				department is making foster care payments for the child; and
(c) the child is:
(i) developmentally disabled and is either on
				a respite care waiting list or is otherwise not eligible for the respite care
				program of the developmental disabilities division; or
(ii) "medically demanding", e.g.
				non-ambulatory; or
(iii) suffering
				from severe emotional problems which are manifested in serious behavior
				problems.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.50 - FOSTER CARE SERVICES AND GUARDIANSHIP SERVICES › Subchapter 37.50.5 - Foster Care Support Services › Rule 37.50.512 - FOSTER CARE SUPPORT SERVICES, RESPITE CARE SELECTION AND TRAINING

Current through Register Vol. 13, July 5, 2024
(1) For children eligible for respite care
				under ARM 37.50.511, foster parents may
				arrange for respite care services. The arrangement shall provide for respite
				care services from a qualified individual.
(2) Laws may require that foster parents
				fulfill employment obligations owed to respite care providers. Examples of laws
				which may apply are statutes and regulations imposing wage and overtime
				requirements on employers of domestic employees. The department has no role in
				imposing or exempting foster parents from the requirements. Nor does the
				department accept financial responsibility for payment which may result from
				imposition of employment-related requirements.
(3) Notwithstanding the disclaimer contained
				in (2) and the requirement for prior approval for all foster care support
				services under ARM
				37.50.520, foster parents may be
				reimbursed for expenses arising from imposition of employment requirements.
				Examples of permissible reimbursements under this subsection include payment
				for social security contributions and/or payment in addition to the
				hourly/daily rate provided in ARM
				37.50.511 as a result of wage and
				hour requirements.
(4) Foster
				parents regularly utilizing a respite care provider in their home may be denied
				reimbursement under (3) absent prior special approval from the regional
				administrator whose region is responsible for reimbursement of respite care for
				the child.
(5) The selection of the
				person to provide respite care is made by the foster parent. The foster parent
				shall consider the ability of the respite care provider to:
(a) meet the special needs of the foster
				child; and
(b) provide safe,
				developmentally appropriate care to the child.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.50 - FOSTER CARE SERVICES AND GUARDIANSHIP SERVICES › Subchapter 37.50.5 - Foster Care Support Services › Rule 37.50.520 - FOSTER CARE SUPPORT SERVICES, APPLICATION PROCESS

Current through Register Vol. 13, July 5, 2024
(1) Any foster parent may apply for foster
				care support services.
(2) All
				requests for foster care support services must be based upon need for the
				service as documented by the placing social worker.
(3) All applications for foster care support
				services must be approved by the department prior to obtaining or purchasing
				the support services.
Sec.
					 41-3-1103,
					 53-2-201
					 and
					 53-4-111,
					 MCA; IMP, Sec.
					 41-3-1103
					 and
					 53-4-111,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.50 - FOSTER CARE SERVICES AND GUARDIANSHIP SERVICES › Subchapter 37.50.5 - Foster Care Support Services › Rule 37.50.521 - FOSTER CARE SUPPORT SERVICES, AVAILABILITY OF FUNDS

Current through Register Vol. 13, July 5, 2024
(1) All of the foster care support services
				payments are contingent upon the availability of state funds appropriated for
				such services.
(2) The allowances
				may be reduced, denied or discontinued regardless of eligibility if there are
				insufficient available funds to pay for the foster care support services
				requested.
(3) When the entire
				amount of the annual appropriation for foster care support services has been
				exhausted, no more applications for foster care support services will be
				accepted.
Sec.
					 41-3-1103,
					 53-2-201
					 and
					 53-4-111,
					 MCA; IMP, Sec.
					 41-3-1103
					 and
					 53-4-111,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.50 - FOSTER CARE SERVICES AND GUARDIANSHIP SERVICES › Subchapter 37.50.5 - Foster Care Support Services › Rule 37.50.525 - FOSTER CARE SUPPORT SERVICES, HEARING

Current through Register Vol. 13, July 5, 2024
(1)
				Any person aggrieved by an adverse action of the department or its
				representatives regarding foster care support services may request a hearing as
				provided in ARM
				37.5.304,
				37.5.305,
				37.5.307,
				37.5.310,
				37.5.311,
				37.5.313,
				37.5.316,
				37.5.318,
				37.5.322,
				37.5.325,
				37.5.328,
				37.5.331,
				37.5.334 and
				37.5.337.
Sec.
					 2-4-201,
					 41-3-1103,
					 52-2-111
					 and
					 53-4-111,
					 MCA; IMP, Sec.
					 41-3-1103,
					 52-2-111
					 and
					 53-4-111,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.50 - FOSTER CARE SERVICES AND GUARDIANSHIP SERVICES › Subchapter 37.50.8 - Children With Multiagency Service Needs › Rule 37.50.801 - PLACEMENT OF CHILDREN WITH MULTIAGENCY SERVICE NEEDS WITH OUT-OF-STATE PROVIDERS, DEFINITIONS

Current through Register Vol. 13, July 5, 2024
As used in this subchapter, the following definitions
				  apply:
(1) "Department" means the
				department of public health and human services.
(2) "Placement by the department" means
				placement by the department of a child with multiagency service needs in the
				custody of the department or committed to the department pursuant to
				41-3-403,
				41-3-404,
				41-3-406,
				or
				41-5-523,
				MCA, with an out-of-state provider.
(3) "Out-of-state provider" means a
				residential treatment program that is an approved Montana medicaid provider of
				residential treatment or a program which is licensed in its state of residency
				to provide:
(a) shelter care;
(b) youth group home care;
(c) therapeutic youth group home
				care;
(d) therapeutic foster
				care;
(e) residential treatment as
				a child care agency; or
(f) an
				equivalent of the care described in this section.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.50 - FOSTER CARE SERVICES AND GUARDIANSHIP SERVICES › Subchapter 37.50.8 - Children With Multiagency Service Needs › Rule 37.50.804 - LIMITATIONS ON PLACEMENT OF CHILDREN WITH MULTIAGENCY SERVICE NEEDS WITH OUT-OF-STATE PROVIDERS

Current through Register Vol. 13, July 5, 2024
(1) Placement of
				children with multiagency service needs with out-of-state providers shall occur
				only according to the applicable provisions of the memorandum of understanding
				entered by the department, the department of social and rehabilitation
				services, the department of health and environmental services, the office of
				public instruction, the Montana board of crime control, and the department of
				corrections and human services, dated July 1, 1993.
(2) The department hereby adopts and
				incorporates the memorandum of understanding referred to in (1) which sets
				forth the responsibilities, objectives and funding necessary for the member
				departments to establish and maintain a coordinated service system. A copy of
				the memorandum of understanding may be obtained upon request to the Department
				of Public Health and Human Services, Child and Family Services Division, P.O.
				Box 8005, Helena, Montana 59604.
Sec.
					 52-2-308,
					 MCA; IMP, Sec.
					 52-2-301,
					 52-2-302,
					 52-2-303,
					 52-2-304,
					 52-2-305,
					 52-2-306 and
					 52-2-307,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.50 - FOSTER CARE SERVICES AND GUARDIANSHIP SERVICES › Subchapter 37.50.9 - Interstate Compact on the Placement of Children › Rule 37.50.901 - INTERSTATE COMPACT ON THE PLACEMENT OF CHILDREN

Current through Register Vol. 13, July 5, 2024
(1) The Department of Public Health and Human
				Services adopts and incorporates by reference the regulations adopted by the
				Association of Administrators of the Interstate Compact on the Placement of
				Children as amended through May 6, 2012. These regulations interpret the
				interstate compact on the placement of children and include clarifications of
				the applicability of the interstate compact on the placement of children with
				regard to the following:
(a) use of uniform
				forms;
(b) interstate relocation of
				family units;
(c) interstate
				placement of a child for adoption or foster care or with the child's parent or
				relative;
(d) definitions and
				placement categories, applicability and exemptions;
(e) interstate placements of children in
				residential treatment facilities;
(f) the requirement of a central state office
				for all compact referrals;
(g) a
				six-month time limit on placement authorization;
(h) procedures for expedited
				placements;
(i) appropriate use of
				forms to change placement purposes;
(j) definition of a visit;
(k) applicability to guardianships;
(l) responsibility of states to supervise
				children; and
(m) private and
				independent adoptions.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.50 - FOSTER CARE SERVICES AND GUARDIANSHIP SERVICES › Subchapter 37.50.11 - Guardianship Services › Rule 37.50.1101 - GUARDIANSHIP AND HOME APPROVAL

Current through Register Vol. 13, July 5, 2024
(1) In
				order to be approved as a guardian pursuant to
				41-3-444,
				MCA, the prospective guardian and the home of the prospective guardian must
				meet the requirements set forth for youth foster homes contained in ARM
				37.51.210,
				37.51.216,
				37.51.301,
				37.51.305,
				37.51.306,
				37.51.307,
				37.51.310,
				37.51.311,
				37.51.601,
				37.51.602,
				37.51.608,
				37.51.609,
				37.51.801,
				37.51.802,
				37.51.805,
				37.51.806,
				37.51.810,
				37.51.815,
				37.51.820,
				37.51.825,
				37.51.826,
				37.51.901,
				37.51.902,
				37.51.1001,
				37.51.1401,
				37.51.1404, and
				37.51.1405.
(2) The child for whom guardianship is being
				considered must have resided with the prospective guardian for a minimum of six
				months.
(3) A written assessment of
				the prospective guardian and home of the prospective guardian must be
				completed. The assessment must include a determination that the prospective
				guardian and home of the prospective guardian meet the requirements of this
				rule. The assessment must demonstrate the appropriateness of the proposed
				guardian to become the legal custodian for a specific child. Factors to be
				considered in determining the appropriateness of the proposed guardian include
				the proposed guardian's knowledge of the child's history, including placement
				and history of trauma and the potential effect on the child's development and
				future functioning; understanding and acceptance of the continued role of the
				child's birth family; understanding and acceptance of the powers and duties of
				a guardian; and the desire of the prospective guardian to become the child's
				guardian.
(4) If the child for whom
				guardianship is being considered is 12 years of age or older, the child must be
				consulted regarding the plan for guardianship.
(5) The entry of a decree of guardianship
				terminates the custody of the department and the involvement of the department
				except to the extent necessary to administer any financial subsidy.
52-2-603,
					 MCA; IMP,
					 41-3-444,
					 52-2-603,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.50 - FOSTER CARE SERVICES AND GUARDIANSHIP SERVICES › Subchapter 37.50.11 - Guardianship Services › Rule 37.50.1102 - STATE-SUBSIDIZED GUARDIANSHIP

Current through Register Vol. 13, July 5, 2024
(1) A child is
				eligible to have state subsidized guardianship payments made on the child's
				behalf if the child has been adjudicated a youth in need of care pursuant to
				Title 41, chapter 3, part 4, MCA.
(2) Subsidized guardianship payments may be
				made to the guardian of an eligible child when:
(a) the child meets the guardianship criteria
				found in
				41-3-444,
				MCA;
(b) the prospective guardian
				and guardian's home meet the requirements of ARM
				37.50.1101;
(c) the court has issued a decree of
				guardianship;
(d) an agreement
				describing the terms and conditions of the guardianship subsidy has been
				negotiated by the department with the prospective guardian; and
(e) the prospective guardian and the
				department have signed an agreement describing the negotiated terms and
				conditions of the subsidy prior to the issuance of the guardianship
				decree.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.50 - FOSTER CARE SERVICES AND GUARDIANSHIP SERVICES › Subchapter 37.50.11 - Guardianship Services › Rule 37.50.1103 - FEDERALLY SUBSIDIZED GUARDIANSHIP

Current through Register Vol. 13, July 5, 2024
(1)
				Under the Title IV-E State Plan, Guardianship Assistance Program, approved by
				the United States Department of Health and Human Services (HHS), the department
				is authorized to utilize federal funds to pay guardianship subsidy on behalf of
				children who meet the requirements established under the terms and conditions
				of the Title IV-E State Plan, Guardianship Assistance Program, July 16, 2013.
				The terms and conditions approved by the HHS and the department are adopted and
				incorporated by reference. Copies of the Title IV-E State Plan, Guardianship
				Assistance Program may be obtained on the department's web site at
				www.dphhs.mt.gov/cfsd/ [File Link Not Available] or from the Department of
				Public Health and Human Services, Child and Family Services Division, P.O. Box
				8005, Helena, MT 59620-8005.
(2)
				Federally subsidized guardianship payments may be made to the guardian of an
				eligible child when:
(a) the prospective
				guardian meets the definition of a "kinship guardian" as established in the
				Title IV-E State Plan, Guardianship Assistance Program terms and
				conditions;
(b) the requirements of
				ARM 37.51.1101 are met; and
(c) the
				requirements established under the Title IV-E State Plan, Guardianship
				Assistance Program terms and conditions and the requirements of ARM
				37.50.1102(1) through
				(6) are met.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.50 - FOSTER CARE SERVICES AND GUARDIANSHIP SERVICES › Subchapter 37.50.11 - Guardianship Services › Rule 37.50.1104 - GUARDIANSHIP SUBSIDY: FAIR HEARING PROCEDURES

Current through Register Vol. 13, July 5, 2024
(1) Any person aggrieved by a department
				determination denying, reducing, terminating, or failing to act upon a
				guardianship subsidy request within one year of the request may request a
				hearing as provided in ARM
				37.5.304,
				37.5.307,
				37.5.313,
				37.5.322,
				37.5.325,
				37.5.328,
				37.5.331,
				37.5.334, and
				37.5.337.
2-4-201,
					 41-3-444,
					 52-2-603,
					 MCA; IMP,
					 41-3-444,
					 52-2-603,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.50 - FOSTER CARE SERVICES AND GUARDIANSHIP SERVICES › Subchapter 37.50.12 - Child Welfare Prevention and Support Services › Rule 37.50.1201 - PROVIDER PARTICIPATION

Current through Register Vol. 13, July 5, 2024
(1) As a condition
				to contract with the Department of Public Health and Human Services
				(department), Child and Family Services Division, for Child Welfare Prevention
				and Support Services, including but not limited to prevention to both families,
				intervened on by the department, or at risk of entering the child welfare
				system, preservation, family support and reunification, a provider must:
(a) comply with applicable state and federal
				statutes, rules, and regulations;
(b) comply with applicable Montana statutes
				and rules governing licensure and certifications; and
(c) follow regulations and statutes governing
				programs the department has authority to administrate and distribute funds for,
				including:
(i) Federal Child Access and
				Visitation Grant Program funds from U.S. Department of Health and Human
				Services, Administration of Children and Families, Office of Child Support
				Enforcement established under section 391 of the Personal Responsibility and
				Work Opportunity Reconciliation Act (welfare reform) of 1996 (
				Pub. L.
				104-193, 110 Stat. 2258), also known as title III,
				subtitle I Enhancing Responsibility and Opportunity for Nonresidential Parents,
				and Section 469B of the Social Security Act;
(ii) 1979 Title IV-B Social Security Act,
				Subpart 2;
(iii) Title IV-E Social
				Security Act; and
(iv) 1974 Child
				Abuse Prevention and Treatment Act (CAPTA).
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.50 - FOSTER CARE SERVICES AND GUARDIANSHIP SERVICES › Subchapter 37.50.12 - Child Welfare Prevention and Support Services › Rule 37.50.1202 - PROVIDER ENROLLMENT AND AGREEMENTS

Current through Register Vol. 13, July 5, 2024
(1)
				Providers entering into a Child Welfare Prevention and Support Services
				contract must:
(a) follow requirements listed
				in the contract;
(b) submit a
				narrative and service array menu;
(c) provide information and documentation
				regarding:
(i) sanctions, suspensions,
				exclusions, or civil monetary penalties imposed against a provider, person, or
				entity with an ownership or control interest in a provider, or agent or
				managing employee of a provider by a Medicare program, a state Medicaid
				program, or other federal program(s); and
(ii) criminal charges brought against, and
				criminal convictions of, a provider, person, or entity with ownership or
				control interest in a provider, or agent or managing employee of a provider
				related to a person's or entity's involvement in a Medicare, Medicaid, or Title
				XX Services program.
(d)
				submit valid and current copies of certificates for employees licensed or
				trained in specific models and practices outlined in the Child Welfare
				Prevention and Support Services Matrix Payment Fee Schedule and
				Catalog;
(e) provide written
				assurance the provider understands and agrees they are solely responsible in
				maintaining sustainability of their program, and will comply with fidelity of
				well supported, supported, promising, and general practices (i.e.,
				evidence-based, trauma focused, or evidence-informed models) listed in their
				service array menu in relation to the Child Welfare Prevention and Support
				Services Matrix Payment Fee Schedule and Catalog;
(f) implement and enforce, as internal
				company policy, mandatory reporting requirements of
				41-3-201, MCA,
				requiring employees with knowledge of or reasonable cause to suspect child
				abuse or neglect, to report the matter promptly to the Department of Public
				Health and Human Services, Child and Family Services Division, Centralized
				Intake (CI) Bureau, at 1-866-820-5437 (toll-free); and
(g) provide employees, within the first week
				of hiring, written notification of mandatory reporting law and provider's
				policy and practice enforcing the law. The provider shall maintain written
				documentation bearing the employee's dated signature, acknowledging receipt of
				such written notification.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.50 - FOSTER CARE SERVICES AND GUARDIANSHIP SERVICES › Subchapter 37.50.12 - Child Welfare Prevention and Support Services › Rule 37.50.1203 - BILLING, REIMBURSEMENT, CLAIMS PROCESSING, AND PAYMENT

Current through Register Vol. 13, July 5, 2024
(1) The department will reimburse the
				provider for services provided in accordance with the Child Welfare Prevention
				and Support Services Matrix Fee Schedule and Catalog.
(2) The provider will comply with billing
				procedures set forth in the contract.
AUTH:
					 41-3-101,
					 41-3-131,
					 52-1-103,
					 52-2-111,
					 MCA; IMP:
					 2-4-201,
					 41-3-101,
					 41-3-302,
					 42-1-102,
					 52-1-103,
					 52-2-111,
					 MCA
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.50 - FOSTER CARE SERVICES AND GUARDIANSHIP SERVICES › Subchapter 37.50.12 - Child Welfare Prevention and Support Services › Rule 37.50.1204 - PROVIDER EDUCATION

Current through Register Vol. 13, July 5, 2024
(1) Except where
				termination has been imposed, the department may, in its discretion, direct a
				sanctioned provider to participate in a provider education program as a
				condition of continuing services.
(2) At the discretion of the department,
				provider education programs may include:
(a)
				instruction in claim form completion;
(b) instruction on use of the Child Welfare
				Prevention and Support Services Rate Matrix Fee Schedule and Catalog;
(c) instruction on statutes and regulations
				governing:
(i) Federal Child Access and
				Visitation Grant Program;
(ii)
				Title IV-B Subpart 2;
(iii) Title
				IV-E Social Security; and
(iv)
				Child Abuse Prevention and Treatment Act (CAPTA).
(d) instructions on coding or billing issues;
				and
(e) other matters as determined
				by the department.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.51 - YOUTH FOSTER HOMES › Subchapter 37.51.1 - General Requirements › Rule 37.51.101 - YOUTH FOSTER HOMES: PURPOSE

Current through Register Vol. 13, July 5, 2024
(1) These rules
				establish licensing procedures and licensing requirements for youth foster
				homes, including therapeutic foster homes and kinship foster homes licensed by
				the department.
52-1-103,
					 52-2-111,
					 52-2-601,
					 52-2-621,
					 52-2-622,
					 MCA; IMP,
					 52-1-103,
					 52-2-102,
					 52-2-111,
					 52-2-112,
					 52-2-113,
					 52-2-115,
					 52-2-601,
					 52-2-603,
					 52-2-621,
					 52-2-622,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.51 - YOUTH FOSTER HOMES › Subchapter 37.51.2 - Licensure › Rule 37.51.201 - YOUTH FOSTER HOMES: LICENSE REQUIRED

Current through Register Vol. 13, July 5, 2024
(1)
				Every youth foster home shall be licensed by the department or responsible
				tribal authority.
(2) Failure of a
				provider to obtain or renew a license while continuing to operate a youth
				foster home is a misdemeanor and shall be subject to the penalties provided in
				52-2-623,
				MCA.
52-1-103,
					 52-2-111,
					 52-2-601,
					 52-2-621,
					 52-2-622,
					 MCA; IMP,
					 52-1-103,
					 52-2-111,
					 52-2-601,
					 52-2-621,
					 52-2-622,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.51 - YOUTH FOSTER HOMES › Subchapter 37.51.2 - Licensure › Rule 37.51.202 - YOUTH FOSTER HOMES: LICENSING PROCEDURES

Current through Register Vol. 13, July 5, 2024
(1) Upon receipt of
				a completed application packet for license or renewal of license and completion
				of a licensing assessment, the department shall determine whether the applicant
				meets all requirements for licensure as established in these rules. A completed
				packet consists of all items on the checklist required for initial licensure or
				renewal except for the home assessment.
(2) If the department determines that an
				application or accompanying information is incomplete or erroneous, the
				department shall notify the applicant in writing of the specific deficiencies
				or errors, and the applicant shall submit the required or corrected information
				within 60 days. The department may not issue a regular license or renew a
				license until it receives all required or corrected information.
(3) An applicant's or licensee's failure to
				provide information they are obligated to provide may result in the denial of
				the application or, if a license has been issued, may result in other negative
				licensing action.
AUTH:  52-1-103,  52-2-111,  52-2-601,  52-2-621,  52-2-622,
					 MCA; IMP:  52-1-103,  52-2-111,  52-2-601,  52-2-621,  52-2-622,
					 MCA
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.51 - YOUTH FOSTER HOMES › Subchapter 37.51.2 - Licensure › Rule 37.51.203 - YOUTH FOSTER HOMES: LICENSURE AND RENEWAL

Current through Register Vol. 13, July 5, 2024
(1) The department
				may issue a youth foster home, kinship foster home, or therapeutic foster home
				license to any license applicant that the department determines meets all
				licensing requirements established by these rules. The initial license will
				expire one year from the date it is issued unless it is extended up to an
				additional 60 days pursuant to (4).
(2) The department may renew a youth foster
				home or kinship home license biennially on the expiration date of the initial
				year's license if:
(a) the foster parents
				apply for renewal of the foster home license on a form available on the
				department's website prior to the expiration date of the current license;
				and
(b) following completion of a
				relicensing study, the department determines that the foster home continues to
				meet all licensing requirements established by these rules.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.51 - YOUTH FOSTER HOMES › Subchapter 37.51.2 - Licensure › Rule 37.51.207 - YOUTH FOSTER HOMES: PROVISIONAL LICENSURE

Current through Register Vol. 13, July 5, 2024
(1) The department
				may, at its discretion, issue a provisional license restricted for care of a
				specific child or children for any period up to six months to any license
				applicant for a youth foster home or kinship foster home that:
(a) meets all licensing requirements for fire
				safety;
(b) ensures all adult
				household members complete, sign, and submit a release of information form
				available on the department's website;
(c) submits completed fingerprint cards on
				all adult household members;
(d)
				passes a Montana child protection background check for all adult household
				members; and
(e) agrees in writing
				to comply fully with all licensing requirements established by these rules
				prior to the expiration of the provisional license.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.51 - YOUTH FOSTER HOMES › Subchapter 37.51.2 - Licensure › Rule 37.51.208 - YOUTH FOSTER HOMES: RESTRICTED LICENSE

Current through Register Vol. 13, July 5, 2024
(1)
				The department may issue a license that is restricted to the care of a specific
				child or children.
52-1-103,
					 52-2-111,
					 52-2-601,
					 52-2-621,
					 52-2-622,
					 MCA; IMP,
					 52-1-103,
					 52-2-111,
					 52-2-601,
					 52-2-621,
					 52-2-622,
					 MCA;