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(1) Child care facilities must be in compliance with the licensing and registration requirements ARM Title 37, chapter 95 to receive payment under this chapter. Loss of eligibility for funds under this chapter for failing to comply with child care facility licensing and registration requirements including group size and staff-to-child ratios, as well as program requirements, as stipulated in the Best Beginnings Child Care Scholarship Manual is in addition to other remedies available for such violations.

(2) The provider is responsible for informing parents who are receiving child care assistance under this chapter that the provider's license, or registration has been revoked or expired. The provider may not bill the household for payments denied by the department due to the provider's failure to comply with licensing, certification, or registration requirements.

(3) Child care providers must be certified or recognized by the department or its designated agent as eligible to receive payment under this chapter. All applicable forms must be completed and submitted for approval. Registered and licensed facilities are approved by the Child Care Licensing Program of the department's Quality Assurance Division. Facilities licensed or registered by other entities must be recognized by the Child Care Licensing Program of the department's Quality Assurance Division.

(4) A provider's eligibility to receive state payment under a state-assisted child care program may be terminated if:

(a) the provider willfully misrepresents services provided, as set out in ARM 37.80.316(4) or 37.80.502(6); or

(b) the provider refuses access to the child care setting and child records during business hours to the following personnel:

(i) employees or other agents of state or local government, investigating child care services, or child abuse or neglect;

(ii) child care resource and referral agency personnel; or

(iii) health, building, or fire officials investigating child care facility health and safety issues.

(5) All child care providers must maintain current sign-in/sign-out records for each child receiving child care assistance and utilize them as follows:

(a) Each time the child enters or leaves the provider's care, the parent or other individual authorized to deliver or pick up the child must initial or sign the sign-in/sign-out sheet. An electronic signature system may be used if it employs a unique and confidential identification process for individuals.

(b) Sign-in/sign-out records must indicate the child's name, the date, the hour, and the minute when the child enters and leaves the provider's care.

(c) The provider must make sign-in/sign-out records available to child care resource and referral agency staff and state and local government health, safety, or law enforcement representatives upon request.

(d) The provider must keep sign-in/sign-out records for five years beyond the date of attendance.

(e) Sign-in/sign-out records must be maintained on a daily, chronological basis that show the attendance of all children. If the provider maintains a sign-in/sign-out record by individual child or family, it does not meet the requirements of this rule.

(6) Providers must have a policy on preventing and reducing expulsion and suspension. The policy must include the following:

(a) reasons for expulsion;

(b) procedures for expulsion;

(c) how the provider will assist the child and parent with transitions; and

(d) the types of referrals the provider will make such as those to a community agency that could offer additional supports to the family.


History: 52-2-704, MCA; IMP, 52-2-704, 52-2-713, 52-2-721, 52-2-722, 52-2-723, 52-2-731, MCA; NEW, 1992 MAR p. 1863, Eff. 8/28/92; AMD, 1993 MAR p. 941, Eff. 7/1/93; AMD, 1997 MAR p. 578, Eff. 3/25/97; TRANS & AMD, from DFS, 1998 MAR p. 3117, Eff. 11/20/98; AMD, 2002 MAR p. 1553, Eff. 5/31/02; AMD, 2003 MAR p. 1306, Eff. 7/1/03; AMD, 2005 MAR p. 1057, Eff. 7/1/05; AMD, 2006 MAR p. 2964, Eff. 12/8/06; AMD, 2011 MAR p. 323, Eff. 3/11/11; AMD, 2014 MAR p. 599, Eff. 3/28/14; AMD, 2016 MAR p. 1711, Eff. 9/30/16; AMD, 2018 MAR p. 457, Eff. 2/24/18; AMD, 2018 MAR p. 1283, Eff. 7/7/18.

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