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37.34.308    PLACEMENT DETERMINATIONS: CRITERIA

(1) The selection of persons to be considered for placement is based on each person's level of need.

(a) A screening committee must consider for referral or placement any person with physically limiting conditions, if the person's level of need is comparable to other persons being considered and if the service would be appropriate for the person after reasonable modifications or accommodations were made.

(b) Factors to be considered in the determination of level of need include but are not limited to the following factors:

(i) whether the person's health and safety are threatened;

(ii) whether the person is at risk of losing skills if not placed;

(iii) whether the person is at risk of losing opportunities and choices if not placed;

(iv) whether the person is at risk of losing independence if not placed;

(v) what the person's skill levels are in such areas as motor ability, self-help skills, communication, maladaptive behaviors, or other areas;

(vi) what services, if any, the person is receiving, and whether those are meeting the person's needs;

(vii) how far away the person's family is, if they are in contact with the person;

(viii) how long the person has been on the waiting list;

(ix) what support services the person needs;

(x) whether the person has been inappropriately placed in an institution;

(xi) whether the person lives in the natural home and needs services;

(xii) whether the person is in a service that is inappropriate;

(xiii) whether the person is at risk of abuse or neglect;

(xiv) whether the person has no alternatives and faces possible institutionalization if not placed; and

(xv) other considerations relevant to a person's condition and needs.

(2) The selection of a person to whom a placement is to be offered is based on the available services being appropriate for the person chosen.

(a) Factors to be considered in the determination of the appropriateness of the service for a person being considered for placement include but are not limited to the following:

(i) whether the person requires more supervision than the service can provide;

(ii) whether the available staffing ratio provides enough supervision to manage any maladaptive behaviors the person currently exhibits;

(iii) whether the person's medical needs can be met;

(iv) whether any necessary ancillary services such as mental health services, occupational therapy and physical therapy are available;

(v) whether the physical site meets the person's needs;

(vi) whether modifications can be made to accommodate the person's needs; and

(vii) other considerations relevant to the available placement.

History: Sec. 53-2-201, 53-20-203 and 53-20-204, MCA; IMP, Sec. 53-20-203 and 53-20-209, MCA; NEW, 1991 MAR p. 2266, Eff. 11/28/91; TRANS, from SRS, 1998 MAR p. 3124.

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