37.97.132 YOUTH CARE FACILITY (YCF): GENERAL REQUIREMENTS FOR ALL ADMINISTRATORS, STAFF, INTERNS, AND VOLUNTEERS
(1) A YCF must have written personnel and program policies and procedures covering the following items:
(a) screening procedure for all applicants;
(b) job qualifications;
(c) job descriptions;
(d) supervisory structure; and
(e) performance evaluations.
(2) A YCF must maintain records for each staff member, volunteer, contracted personnel, and intern regarding the following:
(a) application for employment;
(b) written results of at least two references;
(c) record of orientation and ongoing training;
(d) periodic performance evaluations;
(e) copy of current licenses and certifications;
(f) documentation of approved fingerprint-based background check as specified in ARM 37.97.140;
(g) documentation of child protective services background checks, and if applicable, tribal criminal background checks as specified in ARM 37.97.140;
(h) documentation of state sexual or violent offender registry check as specified in ARM 37.97.140;
(i) "personal statement of health for licensure" form as provided by the department;
(j) a copy of an independent contractor status and contractual agreement for contacted personnel; and
(k) any other employee records required by this subchapter.
(3) In addition to the specific requirements set out in subchapters 1 and 2 of this chapter, all staff working in a YCF must:
(a) be at least 21 years of age;
(b) have a high school diploma or GED;
(c) be physically, mentally, and emotionally competent to care for youth; and
(d) be in good general health.
(4) The department may require an evaluation or medical examination, a signed authorization for release of medical records, or both from any YCF staff, intern, or volunteer if there are grounds to believe these individuals have engaged in behaviors which may place the YCF youth at risk of harm.
(5) A "personal statement of health for licensure" form must be completed for each person subject to the requirements of this rule. The form must be submitted to the department upon hire and annually thereafter. The "personal statement of health for licensure" form is available from the Department of Public Health and Human Services, Quality Assurance Division, Licensure Bureau, 2401 Colonial Drive, P.O. Box 202953, Helena, MT 59620-2953.
(6) Any YCF staff member, intern, volunteer, or other person whose behavior or health status endangers the residents may not be allowed at the YCF.
(7) YCF volunteers and interns must:
(a) not be included in the youth to staff ratios;
(b) be under the supervision of YCF staff;
(c) follow written policies and procedures developed by the YCF defining the responsibilities, limitations, and supervision of volunteers and interns;
(d) complete all required background checks; and
(e) be provided orientation and initial training procedures. The training must include orientation on all YCF policies and procedures.
(8) All direct-care staff who transport youth must have a valid driver's license and, while transporting youth, follow all laws applicable to driving in Montana.
History: 52-2-111, 52-2-603, 52-2-622, MCA; IMP, 52-2-111, 52-2-603, 52-2-622, MCA; NEW, 1991 MAR p. 2262, Eff. 11/28/91; AMD, 1997 MAR p. 1664, Eff. 9/23/97; TRANS, from DFS, 1998 MAR p. 663; AMD, 2011 MAR p. 387, Eff. 3/25/11; AMD, 2015 MAR p. 756, Eff. 6/12/15; AMD, 2019 MAR p. 1526, Eff. 10/1/19; AMD, 2021 MAR p. 1217, Eff. 10/1/21.