37.100.175 ADULT FOSTER CARE HOMES (AFCH): PROHIBITED PRACTICES
(1) An AFCH must not subject any resident to restraint, isolation, corporal punishment, personal humiliation, or the withholding of meals, water, clothing, mail, or visits.
(2) A provider, staff, or any person living in the home is prohibited from providing skilled nursing care except as provided for in ARM 37.100.136.
(3) Licensed day care services provided to adults or children cannot be provided in the AFCH.
(4) Foster care services to children cannot be provided in the AFCH with the following exceptions:
(a) the AFCH resident lived in the home prior to the age of 18;
(b) services are provided pending adoption as defined in 41-1-103, MCA; or
(c) kinship foster care provided pursuant to 52-2-602, MCA.
(5) Smoking is prohibited in an AFCH by residents or individuals residing or visiting in the home pursuant to the Montana Indoor Clean Air Act, 50-40-104, MCA.
History: 50-5-103, 50-5-215, MCA; IMP, 50-5-103, 50-5-215, 50-5-216, MCA; NEW, 1985 MAR p. 289, Eff. 3/29/85; TRANS, from Dept. of SRS, 1987 MAR p. 1492, Eff. 7/1/87; AMD, 1990 MAR p. 2278, Eff. 12/28/90; AMD, 1992 MAR p. 800, Eff. 4/17/92; TRANS, from DFS, 1998 MAR p. 667; AMD, 2014 MAR p. 1098, Eff. 5/23/14.