(1) One-year licenses. The department shall issue a one year youth care facility license to any license applicant that meets all licensing requirements established by these rules, as determined by the department after a licensing study, or, that is licensed or otherwise approved by another state agency.

(a) The department shall renew the license annually on the expiration date of the previous year's license if:

(i) the YCF makes written application for renewal at least 30 days prior to the expiration date of its current license; and

(ii) the YCF continues to meet all licensing requirements established by these rules, as determined by the department after a relicensing study.

(b) If a YCF makes timely application for renewal of a license, but the department fails to complete the relicensing study before the expiration date of the previous year's license, the previous year's license will continue in effect for the time necessary for the department to complete the relicensing study and to make a determination of compliance with licensing requirements.

(2) Provisional license. The department may in its discretion issue a provisional license for any period up to 6 months to any license applicant which:

(a) has met all licensing requirements for fire safety; and

(b) has agreed in writing to comply fully with all licensing requirements established by these rules within the time period covered by the provisional license.

(i) The department may in its discretion renew a provisional license if the license applicant shows good cause for failure to comply fully with all licensing requirements within the time period covered by the prior provisional license, but the total time period covered by the initial provisional license and renewals may not exceed 1 year.

(3) Restricted license. A restricted license may be issued for the care of a specific child with the approval of the department.

(4) The YCF shall not accept more children than the number specified on the license.

(5) No applicant(s) shall be newly licensed for a youth foster home if any one of the following has occurred within 12 months of the application, unless an exception is granted by the department:

(a) a death of a spouse or child in the applicant's family;

(b) a marital separation or divorce of the applicant(s) ;

(c) an adoption of a child who has not been living with the adoptive parent(s) ;

(d) the birth of a child to the applicant(s) ; or

(e) loss of employment by the applicant;

(f) If (5) (a) , (b) , (c) , (d) or (e) occur in a licensed foster home, the foster parent(s) shall notify the licensing social worker within 48 hours. The licensing social worker will reevaluate the home within 30 days to determine whether there should be any change in the licensing status.

(6) If a couple, the applicant(s) shall have been together for at least 24 months.

(7) Any applicant who has received services for substantiated abuse or neglect of a child as defined in ARM 37.47.602(1) (m) shall be denied a foster care license unless special approval is given by the regional administrator after careful review of extenuating circumstances which justify the issuance of a restricted license.

(8) Any applicant whose own children have been in foster care should be denied a foster care license, unless an exception

is granted by the department because the circumstances leading to the provision of services or the placement no longer exists.