reglab/statecodes huggingface dataset:
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.51 - YOUTH FOSTER HOMES › Subchapter 37.51.2 - Licensure › Rule 37.51.209 - YOUTH FOSTER HOMES: DUAL LICENSE

Current through Register Vol. 13, July 5, 2024
(1) If an applicant
				for a foster home or kinship foster home is a licensed or registered day care
				provider, or if a licensee wishes to become a licensed or registered day care
				provider, their application must be approved by the licensing bureau chief or
				designee and the designee for the Early Childhood and Family Support
				Division-Child Care Licensing.
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,  52-2-721,  52-2-722,
					  52-2-723, MCA
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.51 - YOUTH FOSTER HOMES › Subchapter 37.51.2 - Licensure › Rule 37.51.210 - YOUTH FOSTER HOMES: GRANTING LICENSURE EXCEPTIONS

Current through Register Vol. 13, July 5, 2024
(1) An
				applicant against whom child abuse or neglect has been substantiated may be
				denied a foster care license unless an exception is granted by the department
				after careful review of extenuating circumstances that justify the issuance of
				a restricted license.
(2) An
				applicant whose child has been in foster care may be denied a foster care
				license unless the department grants an exception because the circumstances
				that led to the provision of services and placement no longer exist. This does
				not include an applicant whose children were in foster care prior to being
				placed with the applicant for adoption.
(3) An applicant may not be newly licensed as
				a youth foster home if any one of the following has occurred within 12 months
				of the application unless an exception is granted by the appropriate resource
				family specialist supervisor:
(a) a death of a
				spouse or a child in the applicant's family;
(b) a marital separation or divorce of the applicants;
(c) an adoption of a child who has not been
				living with the applicants for at least one year;
(d) the birth of a child to the applicants;
				or
(e) loss of employment by an
				applicant.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.51 - YOUTH FOSTER HOMES › Subchapter 37.51.2 - Licensure › Rule 37.51.216 - YOUTH FOSTER HOMES: NEGATIVE LICENSING ACTION

Current through Register Vol. 13, July 5, 2024
(1) The
				department, through written notice to the applicant, licensee, or potential
				emergency placement, will deny or revoke a license or emergency placement upon
				finding that the applicant, licensee, emergency placement, or any household
				member has a conviction for any of the following types of crimes:
(a) felony crimes involving violence,
				including homicide, felony partner-family member assault, rape, sexual assault,
				human trafficking, robbery, burglary, kidnapping, animal cruelty, arson and
				aggravated assault, or convictions requiring registration on a sexual or
				violent offender registry;
(b)
				felony and misdemeanor crimes against children such as child abuse or neglect,
				endangering the welfare of a child, incest, child sexual abuse, ritual abuse of
				a minor, child pornography, child prostitution, internet crimes involving
				children, and unlawful transactions with children;
(c) if within the previous five years, a
				felony conviction for a drug-related offense, including the use, distribution,
				or possession of controlled substances, criminal possession of precursors to
				dangerous drugs, criminal manufacture of dangerous drugs, criminal possession,
				manufacture, or delivery of drug paraphernalia, or driving under the influence
				of alcohol or other drugs;
(d) if
				within the previous five years, a conviction for other crimes such as
				misdemeanor assault and battery, including misdemeanor partner-family member
				assault; or
(e) felony and
				misdemeanor crimes against older persons or developmentally disabled persons,
				including abuse, sexual abuse, neglect, or exploitation.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.51 - YOUTH FOSTER HOMES › Subchapter 37.51.2 - Licensure › Rule 37.51.217 - YOUTH FOSTER HOMES: HEARING PROCEDURES

Current through Register Vol. 13, July 5, 2024
(1) Any applicant
				or licensee against whom the department takes negative licensing action
				regarding a youth foster home, kinship foster home, or therapeutic foster home
				license may request a fair hearing as provided in ARM 37.5.117, 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.
AUTH:  52-1-103,  52-2-111,  52-2-601,  52-2-621,  52-2-622,
					 MCA; IMP:  2-4-102,  2-4-623,  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 37.51.218 - YOUTH FOSTER HOMES: REMOVAL OF A CHILD

Current through Register Vol. 13, July 5, 2024
(1)
				The department, after providing the foster home with notice, may remove a child
				in the care or custody of the department from a foster home at any time it
				determines that another placement is more appropriate. The department may
				immediately remove any foster child if there is a need to protect the child
				from possible harm.
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 37.51.3 - Youth Health Requirements › Rule 37.51.301 - YOUTH FOSTER HOMES: GENERAL REQUIREMENTS FOR FOSTER PARENTS AND OTHER HOUSEHOLD MEMBERS

Current through Register Vol. 13, July 5, 2024
(1) Foster parents
				must:
(a) be at least 18 years of
				age;
(b) be physically, mentally,
				and emotionally competent to care for children;
(c) like and understand children;
(d) be in good general health;
(e) be able to demonstrate the foster home
				has sufficient resources to meet the needs of their existing family,
				independent of foster care reimbursements;
(f) comply with state laws including those
				that relate to the possession or use of drugs, alcohol, tobacco, and firearms;
				and
(g) have lived together for at
				least 24 months unless an exception is granted.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.51 - YOUTH FOSTER HOMES › Subchapter 37.51.3 - Youth Health Requirements › Rule 37.51.305 - YOUTH FOSTER HOMES: HEALTH VERIFICATION REQUIREMENTS FOR FOSTER PARENTS AND OTHER HOUSEHOLD MEMBERS

Current through Register Vol. 13, July 5, 2024
(1) A personal
				statement of health form, available on the department's website, must be
				completed for each household member. The form(s) must be submitted to the
				department with the initial licensure application, any renewal application,
				and/or anytime there is a new household member.
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 37.51.3 - Youth Health Requirements › Rule 37.51.306 - YOUTH FOSTER HOMES: IMMUNIZATION REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1) All children residing in the foster home
				other than the foster child shall be immunized against measles, rubella, mumps,
				poliomyelitis, diphtheria, pertussis, tetanus, varicella, hepatitis B,
				pneumococcal, and Haemophilus influenza type B according to the following
				schedule:
Total Immunizations Required, By Age
Age
Number Doses - Vaccine Type
under 2 months old
no vaccinations required
by 3 months of age
1 dose of polio vaccine
1 dose of DTP vaccine
1 dose of Hib vaccine
1 dose of Hep B vaccine
1 dose of PCV vaccine
by 5 months of age
2 doses of polio vaccine
2 doses of DTP vaccine
2 doses of Hib vaccine
2 doses of Hep B vaccine
2 doses of PCV vaccine
by 7 months of age
2 doses of polio vaccine
3 doses of DTP vaccine
*2 or 3 doses of Hib vaccine
2 doses of Hep B vaccine
3 doses of PCV vaccine
by 16 months of age
2 doses of polio vaccine
3 doses of DTP vaccine
1 dose of varicella vaccine
1 dose of MMR vaccine
* 3 or 4 doses of Hib vaccine
2 doses of Hep B vaccine
*4 doses of PCV vaccine
by 19 months of age
1 dose of varicella vaccine
3 doses of polio vaccine
4 doses of DTP vaccine
1 dose of MMR vaccine
* 3 or 4 doses of Hib vaccine
3 doses of Hep B vaccine
*4 doses of PCV vaccine
By 6 years of age
3 doses of polio vaccine, one given after the 4th
								birthday
4 doses of DTP vaccine, one given after the 4th
								birthday
2 doses of varicella vaccine
2 doses of MMR vaccine
3 doses of Hep B vaccine
By 12 years of age
3 doses of polio vaccine, one given after the 4th
								birthday
1 dose of Tdap vaccine
2 doses of varicella vaccine
2 doses of MMR vaccine
3 doses of Hep B vaccine
(*) varies depending on vaccine type used or the ACIP
				  catch-up schedule.
(2) Hib
				and PCV vaccines are not required or recommended for children five years of age
				and older.
(3) Doses of MMR and
				varicella vaccines, to be acceptable under this rule, must be given no earlier
				than 12 months of age. A child who received a dose prior to 12 months of age
				must be revaccinated; however, vaccine doses given up to four days before the
				minimum interval or age are counted as valid. Live vaccines not administered at
				the same visit must be separated by at least four weeks.
(4) Vaccines immunizing against diphtheria,
				pertussis, and tetanus must be administered as follows:
(a) a child less than seven years of age must
				be administered four or more doses of DTP or DTaP vaccine, at least one dose of
				which must be given after the fourth birthday;
(b) DT vaccine administered to a child less
				than seven years of age is acceptable for purposes of this rule only if
				accompanied by a medical or religious exemption; and
(c) a child seven years old or older who has
				not completed the requirement in (1) must receive additional doses of Tdap
				vaccine or Td vaccine to become current in accordance with the ACIP
				schedule.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.51 - YOUTH FOSTER HOMES › Subchapter 37.51.3 - Youth Health Requirements › Rule 37.51.307

Current through Register Vol. 13, July 5, 2024
AUTH:
					 52-1-103,
					 52-2-111,
					 52-2-601,
					 52-2-621,
					 52-2-622, MCA; IMP:
					 20-5-403,
					 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 37.51.3 - Youth Health Requirements › Rule 37.51.310 - YOUTH FOSTER HOMES: CRIMINAL BACKGROUND CHECKS

Current through Register Vol. 13, July 5, 2024
(1) A
				satisfactory criminal background, motor vehicle, and child protective services
				check is required for each household member of the applicant, licensee, or
				emergency placement.
(2) If a new
				applicant or household member who has lived only in Montana cannot be
				successfully fingerprinted, or if two fingerprint cards cannot be successfully
				read by the Department of Justice (DOJ), a Montana name-based criminal records
				check will be used for applicants who have not lived in a state other than
				Montana.
(3) If an applicant or
				household member who has lived in states other than Montana cannot be
				successfully fingerprinted, or if two fingerprint cards cannot be successfully
				read by the DOJ, a federal name-based criminal records check will be completed
				by request from the DOJ.
(4) An
				annual name-based criminal records check for licensed foster parents and all
				adult household members is required for relicensure.
(5) A motor vehicle record check is required
				for all licensed drivers in the household for relicensure.
(6) A child protective services check will be
				requested from all states in which an applicant or any adult household member
				has lived for a minimum of the past five years.
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 37.51.3 - Youth Health Requirements › Rule 37.51.311 - YOUTH FOSTER HOMES: PSYCHOLOGICAL AND MEDICAL EXAMINATIONS

Current through Register Vol. 13, July 5, 2024
(1) The department may require a
				psychological evaluation or medical examination, and/or a signed authorization
				for release of medical or psychological records from:
(a) any person applying for licensure as a
				foster parent, or any member of the household of a person applying for
				licensure as a foster parent; or
(b) any currently licensed foster parent or
				any member of a currently licensed foster parent's
				household.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.51 - YOUTH FOSTER HOMES › Subchapter 37.51.6 - Records › Rule 37.51.601 - YOUTH FOSTER HOMES: CONFIDENTIALITY OF RECORDS AND INFORMATION

Current through Register Vol. 13, July 5, 2024
(1) All information in records maintained in
				a youth foster home and all personal information made available to a foster
				parent pertaining to an individual child and the child's family must be kept
				confidential unless a written court order authorizes the release of the
				information. The confidentiality requirement continues after the child is no
				longer in the home. The confidentiality requirement also applies to information
				a foster parent receives about foster children placed with other foster
				parents, whether the information is received in a support group setting or
				otherwise.
(2) All requests for
				records or information maintained by a youth foster home which pertain to an
				individual child or the child's family must be referred to the department or,
				if applicable, to the agency that placed the child. The department may
				authorize the release of information from the foster home; the foster home may
				not.
(3) All records pertaining to
				individual children placed by the department are available at any time to the
				department or its representatives.
(4) Records pertaining to individual children
				residing in the home but not placed by or in the custody of the department are
				available to the department for the purposes of licensing or relicensing the
				youth foster home.
52-1-103,
					 52-2-111,
					 52-2-601,
					 52-2-621,
					 52-2-622,
					 MCA; IMP,
					 41-3-205,
					 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 37.51.6 - Records › Rule 37.51.602 - YOUTH FOSTER HOMES: REPORTS OF CHANGE IN COMPOSITION OF FOSTER HOME

Current through Register Vol. 13, July 5, 2024
(1) Foster parents shall notify the
				department licensing worker or supervisor or the licensed child placing
				agency's licensing worker under whose jurisdiction the foster home operates,
				within 48 hours of:
(a) a death of a spouse or
				a child in the foster family;
(b) a
				marital separation or divorce of the foster parents;
(c) an adoption of a child who has not been
				living with the foster parents for at least one year;
(d) the birth of a child to the foster
				parents; or
(e) loss of employment
				by one of the foster parents.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.51 - YOUTH FOSTER HOMES › Subchapter 37.51.6 - Records › Rule 37.51.603 - YOUTH FOSTER HOMES: THERAPEUTIC FOSTER HOMES

Current through Register Vol. 13, July 5, 2024
(1) Therapeutic
				foster parents must meet all requirements for regular foster parents set forth
				in this rule, the requirements set forth in ARM 37.37.101, et seq., and the
				additional requirements in this rule and ARM 37.51.1403.
(2) Therapeutic foster parents are in home
				treatment providers who, in addition to carrying out usual family foster parent
				responsibilities, implement treatment strategies and provide treatment
				interventions under the supervision of a therapeutic foster care agency's
				clinical staff according to the child's individual treatment plan.
(3) Therapeutic foster care requires the
				availability of 24 hour per day supervision to deliver therapeutic services as
				needed. Parenting skills must be sufficient to meet the level of therapeutic
				foster care being provided, including being adequate to address the needs of
				the emotionally disturbed youth in the areas of behavior management, supportive
				counseling, and implementation of the treatment interventions identified in the
				child's individual treatment plan.
(4) If child care arrangements are made for a
				child receiving therapeutic foster care for any reason, including to allow a
				foster parent to work or in order to provide socialization opportunities for
				the child, such arrangements must be approved by the child's treatment team to
				ensure they meet the therapeutic needs of the child.
(5) Therapeutic foster parents are members of
				the youth's treatment team and must participate in treatment team
				meetings.
(6) Therapeutic foster
				parents shall regularly document the youth's progress toward achievement of the
				individual treatment plan. This documentation must be put in writing and must
				be incorporated into the youth's case file within 30 days.
(7) The department, in conjunction with the
				licensed child placing agency under whose jurisdiction the foster home
				operates, may approve the placement of children who are not approved for
				therapeutic foster care services with youth receiving therapeutic foster care
				services when:
(a) placement in the
				therapeutic foster home will maintain an intact sibling group;
(b) placement in the therapeutic foster home
				will maintain a parent/child relationship when the parent is a youth who is
				receiving therapeutic foster care services;
(c) moving a child who was previously placed
				in the therapeutic foster home but is not receiving therapeutic foster care
				services is determined by the department to not be in the best interests of the
				child; or
(d) the department and
				the licensed child placing agency under whose jurisdiction the foster home
				operates determine that a kinship placement is appropriate and an exception is
				granted by the regional administrator and licensing bureau
				chief.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.51 - YOUTH FOSTER HOMES › Subchapter 37.51.6 - Records › Rule 37.51.607 - YOUTH FOSTER HOMES: REPORTS OF SUSPECTED CHILD ABUSE OR NEGLECT

Current through Register Vol. 13, July 5, 2024
(1) As required by
				41-3-201, MCA,
				foster parents shall report any incident of known or suspected child abuse or
				neglect of any child to the department's Centralized Intake Bureau at 1 (866)
				820-5437. Foster parents shall make the report within 24 hours of receiving
				information concerning suspected child abuse or neglect.
52-1-103,
					 52-2-111,
					 52-2-601,
					 52-2-621,
					 52-2-622,
					 MCA; IMP,
					 41-3-201,
					 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 37.51.6 - Records › Rule 37.51.608 - YOUTH FOSTER HOMES: REPORTS OF SERIOUS INCIDENTS AND THREATS

Current through Register Vol. 13, July 5, 2024
(1) Foster parents shall as soon as possible
				but in not more than 24 hours report any serious incident as defined in ARM
				37.51.102(13) involving a foster child to the person or agency which placed the
				child and to the department licensing worker or the licensed child placing
				agency under whose jurisdiction the foster home operates.
(2) Foster parents shall complete a written
				incident report form, which is available on the department's website, regarding
				any serious incident involving any child in the home. A copy of the report
				shall be maintained at the foster home and a copy sent to the department
				licensing worker or the licensed child placing agency under whose jurisdiction
				the foster home operates the next working day.
(3) Foster parents shall as soon as possible
				but in not more than 24 hours report any foster child who has run away from
				home to the police and the department's Centralized Intake Bureau at 1 (866)
				820-5437.
(4) Foster parents shall
				report disasters or emergencies which require evacuation of a foster home to
				the department's Centralized Intake Bureau at 1 (866) 820-5437.
(5) Foster parents shall report any threats
				to the health, welfare, or safety of a child at the time of the license
				application or, with respect to any threat that subsequently arises, within the
				next working day after becoming aware of the threat, to the placing worker and
				the department licensing worker or the licensed child placing agency under
				whose jurisdiction the foster home operates.
AUTH:  52-1-103,  52-2-111,  52-2-601,  52-2-621,  52-2-622,
					 MCA; IMP:  2-4-631,  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 37.51.6 - Records › Rule 37.51.609 - YOUTH FOSTER HOMES: REPORTS OF DISCIPLINE VIOLATIONS

Current through Register Vol. 13, July 5, 2024
(1) If a foster parent or other household
				member physically disciplines a foster child as described in ARM
				37.51.826 or violates any other
				portion of that rule, the foster parent must notify the agency that placed the
				child and the department licensing worker or supervisor of the violation by the
				next working day. The foster parent must then complete a written report on a
				form provided by the department and must submit it to both the person or agency
				which placed the child and to the department licensing worker or supervisor
				within 48 hours of giving notice of the violation.
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 37.51.8 - Youth Rights › Rule 37.51.801 - YOUTH FOSTER HOMES: GENERAL PROGRAM REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1) A
				foster parent shall not accept more children than the number specified on the
				license, without prior approval of the department licensing worker or licensed
				child placing agency under whose jurisdiction the foster home
				operates.
(2) A foster parent shall
				arrange for appropriate child care for every child in foster care when the
				child is not being cared for by a foster parent and is not in school.
(3) A foster parent shall provide appropriate
				care including:
(a) regular, well balanced
				meals, an adequately maintained and furnished home, clothing, and supervision
				of child's health and dental care;
(b) personal care, supervision, and attention
				appropriate to each child's age, needs, and level of
				functioning.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.51 - YOUTH FOSTER HOMES › Subchapter 37.51.8 - Youth Rights › Rule 37.51.802 - YOUTH FOSTER HOMES: COOPERATION OF FOSTER PARENTS

Current through Register Vol. 13, July 5, 2024
(1) Foster
				parents shall cooperate with the placing agency, implement decisions made by
				the department regarding the child, and support the department's permanency
				plan for the child.
(2) Foster
				parents shall permit and encourage contact and visitation between the foster
				child and the child's birth or legal family, including parents and siblings,
				except in those cases where a restriction of contact and visitation is part of
				a court order or the written case plan.
AUTH:  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,  52-2-113,  52-2-115,  52-2-601,  52-2-603,
					  52-2-621, MCA
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.51 - YOUTH FOSTER HOMES › Subchapter 37.51.8 - Youth Rights › Rule 37.51.805 - YOUTH FOSTER HOMES: CHILD EDUCATION AND TRAINING

Current through Register Vol. 13, July 5, 2024
(1) The foster parents shall cooperate with
				the placing agency and, when appropriate, the birth or legal parents, in
				providing or arranging an age appropriate education, employment, or training
				program appropriate for each child that addresses the child's needs in the
				areas of social living, sex education, consumer education, career planning, and
				preparation for independent living.
(2) The foster parents shall assure that all
				children attend a public school unless otherwise approved 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,
					 52-2-113,
					 52-2-115,
					 52-2-601,
					 52-2-603,
					 52-2-621,
					 52-2-666, MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.51 - YOUTH FOSTER HOMES › Subchapter 37.51.8 - Youth Rights › Rule 37.51.806 - YOUTH FOSTER HOMES: CHILD RELIGIOUS AND CULTURAL EXPRESSION

Current through Register Vol. 13, July 5, 2024
(1) Each child in foster care shall have the
				opportunity to voluntarily practice his religion. Foster parents shall allow
				each child to attend available religious services of the child's or birth
				parent's choice in the community and to visit with representatives of the
				child's faith.
(2) Foster parents
				shall respect the religious beliefs or practices of the children placed in
				their home.
(3) Each child shall be
				given the opportunity to identify with his own cultural heritage and shall be
				encouraged to do so.
(4)
				Participation or nonparticipation by the child in religious activities of the
				child or foster family shall not be used as a form of discipline.
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,
					 52-2-113,
					 52-2-115,
					 52-2-601,
					 52-2-603,
					 52-2-621,
					 52-2-666, MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.51 - YOUTH FOSTER HOMES › Subchapter 37.51.8 - Youth Rights › Rule 37.51.810 - YOUTH FOSTER HOMES: CHILD CLOTHING

Current through Register Vol. 13, July 5, 2024
(1) A foster parent
				shall ensure that each foster child is supplied with his or her own clothing
				suitable to the child's age and size.
(2) Clothing must be comparable to the
				clothing of other children in the community.
(3) Children must be given appropriate choice
				in the selection of their clothing.
(4) Clothing or other possessions that came
				with the child from the child's home must not be disposed of without approval
				from the child's social worker.
(5)
				The child's current clothing and other possessions must be sent with the child
				to any subsequent placement, including a return to the child's home.
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 37.51.8 - Youth Rights › Rule 37.51.815 - YOUTH FOSTER HOMES: CHILD PRIVACY RIGHTS

Current through Register Vol. 13, July 5, 2024
(1)
				The foster parents shall allow privacy for the child and shall provide
				appropriate sleeping arrangements, separate storage space for clothing and
				personal articles, and a place to display the child's socially appropriate
				creative works and symbols of identity.
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,
					 52-2-113,
					 52-2-115,
					 52-2-601,
					 52-2-603,
					 52-2-621,
					 52-2-666, MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.51 - YOUTH FOSTER HOMES › Subchapter 37.51.8 - Youth Rights › Rule 37.51.816 - YOUTH FOSTER HOMES: SLEEPING ARRANGEMENTS AND REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1) Each foster child must sleep in a room
				designated as a bedroom that provides for privacy.
(2) Any room in which the child sleeps must
				have a window sufficiently large for an adult to enter or exit in an
				emergency.
(3) Children of the
				opposite sex who are five years of age or older may not share a
				bedroom.
(4) Children over 24
				months of age may not routinely sleep in the same room with an adult unless
				approved by the department foster care licensing supervisor.
(5) A foster parent shall sleep within call
				of all foster children during the night or must use a baby monitor or other
				intercom system that will alert the foster parent to the child's
				call.
(6) A foster parent shall
				provide each child with their own bed, which must be at least 30 inches wide
				and of a length that is adequate for the child's height.
(7) A child under the age of four may be
				provided with a toddler bed that uses a standard crib mattress, is at least 28
				inches wide, and is of a length adequate for the child's height.
(8) Children under age two must sleep in a
				crib, as defined in ARM 37.51.102(2).
(a)
				Foster parents shall comply with current safe sleep practices for all children
				under one year of age.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.51 - YOUTH FOSTER HOMES › Subchapter 37.51.8 - Youth Rights › Rule 37.51.820 - YOUTH FOSTER HOMES: YOUTH INDEPENDENT LIVING PROGRAM, JOB TRAINING, AND EMPLOYMENT

Current through Register Vol. 13, July 5, 2024
(1) Foster parents
				shall cooperate with the department's independent living program staff and
				contractors to ensure that eligible youth in foster care are encouraged and
				assisted to access services and benefits offered under the department's
				Independent Living Program.
(2)
				Foster parents shall assist the placing agency, eligible youth in foster care,
				the Independent Living Program staff, and contractors in developing an
				appropriate transitional plan for each eligible youth in foster care aged 14 or
				older.
(3) Foster parents shall
				encourage and assist eligible youth in foster care to prepare for the
				transition from foster care to independent living.
(4) Foster parents shall assist the placing
				agency, eligible youth in foster care, the Independent Living Program staff,
				and contractors in developing the youth's job readiness skills and, when
				appropriate, assisting the youth in locating employment.
(5) Foster parents shall assist eligible
				youth in foster care in exploring postsecondary educational
				opportunities.
AUTH:  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,  52-2-113,  52-2-115,  52-2-601,  52-2-603,
					  52-2-621, MCA
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.51 - YOUTH FOSTER HOMES › Subchapter 37.51.8 - Youth Rights › Rule 37.51.825 - YOUTH FOSTER HOMES: PHYSICAL CARE OF CHILDREN

Current through Register Vol. 13, July 5, 2024
(1) Foster
				parents shall work with the placing agency to ensure that the foster child's
				medical needs are met.
(2) Every
				foster child must have an identified physician.
(3) Medical and dental care, including
				examinations and treatment, must be obtained for children as needed.
(4) Foster parents, in consultation with the
				placing agency, shall arrange for each child to have a complete Early Periodic
				Screening, Diagnosis, and Treatment (EPSDT) well child examination which
				includes a medical, dental, vision, and hearing screen within 30 days of
				placement in foster care. Subsequent examinations and treatment must be
				completed as recommended by the child's physician.
(5) Foster parents shall obtain psychiatric,
				psychological, and counseling services, including diagnosis and treatment, for
				each child when these services are determined to be necessary by the placing
				agency.
(6) Foster parents shall
				keep the placing agency apprised of illnesses of each foster child that require
				medical attention and the results of examinations, tests, and treatment
				recommended for each child.
(7) All
				medication must be kept in the original containers labeled with the original
				prescription labels in a place inaccessible to children.
(8) All medication must be given as
				prescribed unless a licensed health care provider rescinds the prescription or
				otherwise modifies it. The foster parent will notify the child's case worker of
				any changes in medication.
(9)
				Foster parents shall work with the placing agency to ensure that each foster
				child is immunized in accordance with ARM 37.51.306.
(10) In an emergency, the foster parents
				shall make arrangements for emergency care at a nearby hospital, clinic, or
				doctor's office and, as soon as possible thereafter, notify the placing
				agency.
(11) Foster parents may not
				provide tobacco products in any form to children under the age of 18 who are
				placed in the foster home.
(12)
				Foster parents may not allow children placed in the foster home to be exposed
				to secondhand smoke in the foster parents' home or vehicle.
(13) Nothing in (11) or (12) is meant to
				interfere with traditional or Native American ceremonies involving the use of
				tobacco.
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 37.51.8 - Youth Rights › Rule 37.51.826 - YOUTH FOSTER HOMES: DISCIPLINE

Current through Register Vol. 13, July 5, 2024
(1) Foster
				parents shall use discipline appropriate to the child's age and developmental
				level. The foster parents' approach to discipline must be positive.
(2) The foster parents shall not use spanking
				or other forms of physical punishment.
(3) The foster parents shall not use any
				other disciplinary technique which is humiliating, shaming, cruel, capricious,
				frightening, or otherwise damaging to a child.
(4) No child in care shall be subjected to
				any form of abuse.
(5) No child in
				care shall be subjected to verbal abuse, derogatory remarks about himself or
				members of his family, or threats to expel the child from the foster
				home.
(6) No child in care shall be
				deprived of meals, mail, or family visits as a method of discipline.
(7) Foster parents shall not punish children
				for bed wetting or any other toilet training issue.
(8) Children must not be placed in a locked
				room.
(9) Participation or
				nonparticipation by the child in religious activities of the child or the
				foster family shall not be used as a form of discipline.
(10) Medication or withholding of prescribed
				medication shall never be used to discipline or threaten children.
(11) If a foster parent or other household
				member is involved in any physical discipline of a foster child or any other
				violation of this rule, the foster parent must report the violation as required
				in ARM 37.51.609.
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 37.51.9 - Safety Requirements › Rule 37.51.902 - YOUTH FOSTER HOMES: FIRE SAFETY REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1) Two
				unobstructed means of exit must exist from all sleeping areas occupied by
				foster children.
(2) Foster parents
				shall devise a written plan for everyone in the home to exit the home in
				emergencies and teach the plan to children placed in the home.
(3) A working smoke detector that is properly
				maintained and regularly tested must be located in each bedroom and in the
				hallway leading to the bedroom with at least one smoke detector on each level
				of the foster home.
(4) Each foster
				home in which fuel burning heat or appliances are used must have at least one
				carbon monoxide detector installed in the home.
(5) Each foster home must have a workable
				portable fire extinguisher with a minimum rating of 2A10BC. Extinguishers must
				be readily accessible and shall be mounted.
(6) Portable unvented fuel-fired heating
				devices, such as portable kerosene or oil heaters, are not allowed.
(7) An extension cord may not be used as
				permanent wiring.
(8) All
				woodburning stoves, pellet stoves, and fireplace inserts must meet building
				codes for the installation and use of such stoves. If the department identifies
				a possible concern regarding safety of a wood stove or fireplace, the
				department may require the foster home to have an inspection conducted to
				certify that it meets applicable codes.
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 37.51.10 - Transportation › Rule 37.51.1001 - YOUTH FOSTER HOMES: TRANSPORTATION

Current through Register Vol. 13, July 5, 2024
(1) Foster parents
				and any person transporting foster children with a foster parent's permission,
				must possess a valid driver's license and meet the minimum liability insurance
				coverage requirements set by state law.
(2) Vehicle doors must be locked whenever the
				vehicle is in motion.
(3) No
				vehicle shall begin moving until all children are seated and secured in
				age-appropriate safety restraints that are to remain fastened at all times
				while the vehicle is in motion.
(4)
				Foster parents must request and receive written travel authorization before
				taking any child placed by the department:
(a) out of the county for more than 72
				hours;
(b) out of the state for
				more than 72 hours; or
(c) out of
				the country for travel at any time.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.51 - YOUTH FOSTER HOMES › Subchapter 37.51.14 - Training Requirements › Rule 37.51.1401 - YOUTH FOSTER HOMES: REQUIRED TRAINING

Current through Register Vol. 13, July 5, 2024
(1)
				Each applicant shall attend the required preservice training of not less than
				eight hours prior to issuance of a regular license.
(2) The foster parents shall complete the
				resource parent online training within the first year of licensure.
				Verification of completion of the online training must be provided to the
				department.
(3) The foster parents
				must obtain a total of at least 15 hours of training annually for relicensure
				following the first year of licensure. Training must be documented on a form
				provided by the department.
(4) The
				department will provide the foster parents notice that documentation of the
				training requirements is due in the materials provided by the department for
				relicensure.
(a) If the foster parents fail
				to obtain the required training hours, the license will be restricted to the
				care of the children in the home at the time until such time as the required
				training hours have been successfully completed; or
(b) If there are no children in the foster
				home, the license will be deemed automatically suspended until such time as the
				required training hours have been successfully completed.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.51 - YOUTH FOSTER HOMES › Subchapter 37.51.14 - Training Requirements › Rule 37.51.1404 - YOUTH FOSTER HOMES: TRAINING EXCEPTIONS

Current through Register Vol. 13, July 5, 2024
(1) A written
				exception to the required preservice training must be approved prior to initial
				licensure.
(2) A written exception
				to the required 15 hours of annual training must be approved prior to a license
				being renewed.
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 37.51.14 - Training Requirements › Rule 37.51.1405 - YOUTH FOSTER HOMES: REQUIRED TRAINING TOPICS

Current through Register Vol. 13, July 5, 2024
(1) Annual training is intended to help the
				foster parents gain further understanding regarding such issues as child
				maltreatment, child growth and development, family dysfunction, permanency
				planning, emergency or long term medical needs of children, and age appropriate
				preparation of youth for independent living.
(2) Training must be provided or approved by
				the department and may include training on the following topics:
(a) separation and grieving;
(b) loss and attachment;
(c) alternatives to physical discipline and
				an explanation of the department's policy on physical discipline;
(d) positive parenting techniques;
(e) the department's and foster parents'
				roles and responsibilities;
(f)
				biological family rights and responsibilities;
(g) how and why children come into foster
				care;
(h) types and behaviors of
				children in foster care;
(i)
				placement process;
(j)
				confidentiality;
(k) sexual
				abuse;
(l) drugs and
				alcohol;
(m) interpersonal
				communications;
(n) foster parent
				insurance; and
(o) other topics
				approved by the department.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.51 - YOUTH FOSTER HOMES › Subchapter 37.51.14 - Training Requirements › Rule 37.51.1410 - YOUTH FOSTER HOMES: REQUIRED TRAINING FOR THERAPEUTIC FOSTER HOMES

Current through Register Vol. 13, July 5, 2024
(1) Therapeutic foster parents shall each
				complete 30 hours of training before initial licensure.
(2) Each year thereafter, therapeutic foster
				parents shall complete a total of 30 hours of annual training, including a
				minimum of 15 hours of training directly related to:
(a) the special needs of youth with emotional
				disturbances receiving treatment for their emotional disturbance in a treatment
				family environment; and
(b) the use
				of nonphysical methods of controlling youth to assure the safety and protection
				of the youth and others.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.52 - ADOPTIVE SERVICES › Subchapter 37.52.1 - Child Adoption Services › Rule 37.52.101 - PROCEDURES FOR OBTAINING SERVICES

Current through Register Vol. 13, July 5, 2024
(1) Any
				person eligible to adopt, pursuant to
				40-8-106,
				MCA, may apply to adopt by filling out an application which can be obtained at
				any child and family services division regional office.
Sec.
					 53-4-111,
					 MCA; IMP, Sec.
					 53-4-112
					 and
					 53-4-115,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.52 - ADOPTIVE SERVICES › Subchapter 37.52.1 - Child Adoption Services › Rule 37.52.104 - HOME APPROVAL, ELIGIBILITY REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1)
				The department will not accept adoptive applicants who have current
				applications before any other licensed adoption agency.
(2) The department decides whether applicants
				will be studied and whether children will be placed. The department may limit
				adoptive intake according to the number and type of children available for
				adoption.
(3) Adoptive applicants
				must submit to the department a physical examination report as part of the
				adoption application.
(4) Adoptive
				applicants must have sufficient income to provide for an additional child or
				children.
(5) A social worker
				completes an adoptive home study and recommends the type of child for whom a
				family will be considered.
(6) The
				department notifies the applicant when the home is approved for an adoptive
				placement.
(7) The adoptive home
				must be re-evaluated after 1 year if a child has not been placed in the
				home.
(8) At the time of placement,
				the adoptive family must sign an adoptive placement agreement.
Sec.
					 52-1-103
					 and
					 53-4-111,
					 MCA; IMP, Sec.
					 53-4-112
					 and
					 53-4-115,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.52 - ADOPTIVE SERVICES › Subchapter 37.52.1 - Child Adoption Services › Rule 37.52.110 - ADOPTIVE HOME APPROVAL

Current through Register Vol. 13, July 5, 2024
The department provides the following services:
(1) counsel the family regarding an
				appropriate placement for them;
(2)
				help the family to understand the adoptive process;
(3) counsel the family regarding possible
				adjustment problems;
(4) counsel
				the family regarding telling the child about adoption and handling questions
				which may come up in the future;
(5) advise the adoptive family that the
				department may provide services if problems arise after an adoption is
				completed;
(6) provide information
				regarding other agencies and resources and make referrals; and
(7) help the family to accept the
				department's decision.
Sec.
					 53-4-111,
					 MCA; IMP, Sec.
					 53-4-112
					 and
					 53-4-115,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.52 - ADOPTIVE SERVICES › Subchapter 37.52.1 - Child Adoption Services › Rule 37.52.115 - ADOPTIVE PLACEMENT ELIGIBILITY REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1) Parental rights must be terminated and
				custody with the right to place for adoption must be given to the department by
				a court of competent jurisdiction.
(2) The parent or parents may voluntarily
				relinquish a child for adoption by an affidavit of waiver and consent to
				adoption, in triplicate, before a notary public. The form may be obtained at
				any local county welfare office. This affidavit may not be signed prior to the
				birth of a child.
(3) The legal
				father of a child must also sign waivers to be relinquished for adoptive
				placement. If the child is born within 10 months of a divorce, the former
				husband must sign waivers.
(4) If
				paternity has been admitted or legally established, the unwed father must also
				sign waivers.
(5) The child must be
				able to accept and adjust to adoptive placement.
(6) The child must have a pre-adoptive
				physical examination.
Sec.
					 53-4-111,
					 MCA; IMP, Sec.
					 53-4-112
					 and
					 53-4-115,
					 MCA;