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(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.

(6) The foster parent provides any specific training which may be necessary to care for a particular child.

(7) A request for reimbursement for respite care services which includes information on the name and qualifications of the respite care provider must be made prior to the care being given.

(8) The department representative may deny the request for reimbursement if the foster parent fails to document that the respite care provider selected by the foster parent possesses the qualifications and ability to provide care for the foster child.

History: Sec. 41-3-1103, 41-3-1142, 41-3-1152 and 52-2-111, MCA; IMP, Sec. 41-3-1103, 41-3-1142, 41-3-1151 and 52-2-111, MCA; NEW, 1993 MAR p. 3019, Eff. 12/24/93; TRANS, from DFS, 1998 MAR p. 488.

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