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(1) The department, after written notice to the applicant or licensee, may deny, suspend, restrict, revoke, or reduce to a provisional status a license upon a finding of any of the following that:

(a) the YCF is not in compliance with fire safety standards;

(b) the YCF is not in substantial compliance with any other licensing requirements established by this chapter;

(c) the YCF has made any misrepresentations to the department, either negligent or intentional, regarding any aspect of its operations or facility;

(d) the YCF has failed to use the foster care payments for the support of the foster child;

(e) the YCF or its staff have been named as the perpetrator in a substantiated report of abuse or neglect;

(f) the YCF or any member of its staff has violated provisions of this subchapter that resulted in child abuse or neglect;

(g) the YCF or any member of its staff do not meet the requirements in ARM 37.97.140;

(h) the YCF failed to report an incident of abuse or neglect to the department or its local affiliate as required by 41-3-201, MCA;

(i) it is determined on the basis of a department or law enforcement investigation that the YCF, its staff or anyone living in a YCF may pose any risk or threat to the safety or welfare of any youth placed in the YCF; or

(j) the YCF has failed to provide an acceptable written plan of correction as specified in ARM 37.97.110.

(2) At the discretion of the department and for protection of the youth, youth may be moved immediately upon receipt of a report of sexual or physical abuse or neglect by the YCF.

(3) Any person denied a license under the provisions of this subchapter, or whose license has been suspended, restricted, revoked, or reduced to a provisional status, may request a hearing as provided in ARM 37.5.304, 37.5.305, 37.5.307, 37.5.310, 37.5.313, 37.5.316, 37.5.322, 37.5.325, 37.5.328, 37.5.331, 37.5.334, and 37.5.337.

History: 52-2-111, 52-2-603, 52-2-622, MCA; IMP, 52-2-113, 52-2-603, 52-2-622, 53-2-201, MCA; NEW, 1978 MAR p. 88, Eff. 1/26/78; AMD, 1983 MAR p. 742, Eff. 7/1/83; AMD, 1983 MAR p. 1746, Eff. 11/26/83; AMD, 1984 MAR p. 1635, Eff. 11/16/84; AMD, 1986 MAR p. 2080, Eff. 12/27/86; TRANS, from Dept. of SRS, 1987 MAR p. 1492, Eff. 7/1/87; AMD, 1990 MAR p. 590, Eff. 3/30/90; AMD, 1991 MAR p. 2605, Eff. 12/27/91; TRANS, from DFS, 1998 MAR p. 663; AMD, 2011 MAR p. 387, Eff. 3/25/11.

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