Montana Code 52-2-805. Requirements for licensure — restrictions — rulemaking
52-2-805. Requirements for licensure — restrictions — rulemaking. (1) The department shall require applicants and licensees:
Terms Used In Montana Code 52-2-805
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Department: means the department of public health and human services provided for in 2-15-2201. See Montana Code 52-2-802
- Direct access: means that an individual has or likely will have person-to-person spoken or physical contact with or access to a program participant. See Montana Code 52-2-802
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Person associated with the program: means any owner, partner, member, employee, or contractor providing professional or occupational services to a program. See Montana Code 52-2-802
- Program: means a private alternative adolescent residential or outdoor program that provides a structured, private, alternative residential setting for youth who are experiencing emotional, behavioral, or learning problems and who have a history of failing in academic, social, moral, or emotional development at home or in less-structured traditional settings. See Montana Code 52-2-802
(a)to submit a set of fingerprints for each person associated with the program who has direct access to program participants for the purpose of conducting a criminal and child protection background check by the Montana department of justice and the federal bureau of investigation. This background investigation must include information pertaining to criminal convictions, reports of domestic violence, and substantiated child abuse or neglect of children.
(b)to maintain and to provide verification of policies of insurance in a form and in an adequate amount as determined by rule.
(2)In developing minimum standards for licensed programs, the department shall adopt rules that pertain to ensuring the health and safety of program participants, including:
(a)a procedure for a licensed program to report the use of a medical, chemical, or physical restraint or seclusion to the department within 1 business day after the day on which the use of the medical, chemical, or physical restraint or seclusion occurs;
(b)guidelines for written policies and procedures of the licensed program, including policies and procedures on suicide prevention and for implementation of the requirements and restrictions in subsections (3) and (4);
(c)a procedure for the department to review and approve the licensed program’s policies and procedures; and
(d)a procedure for submitting a complaint about a licensed program to the department and law enforcement and a requirement that each licensed program publicly post information that describes how to submit a complaint about the licensed program to the department and law enforcement.
(3)A licensed program may not:
(a)use physical discipline or the threat of physical discipline as a punishment, deterrent, or incentive;
(b)deprive a youth of basic necessity or inherent right, including education;
(c)admit a youth who is under the age approved in the licensure or has a condition not allowed to be treated under the licensure; or
(d)sexually abuse, exploit, or harass an enrolled youth.
(4)A licensed program must:
(a)allow a parent or guardian to remove a youth from the licensed program; and
(b)unless otherwise prohibited by law or court order, facilitate weekly confidential video communication between a youth and the youth’s parents, guardians, or foster parents.
(5)A licensed program shall provide a fixed number telephone to the child abuse hotline operated by the department that is readily available to enrolled participants 24 hours a day.