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37.80.206    ABSENT DAYS

(1) The following requirements must be met for a provider to be paid for absent days:

(a) Absent days are available only for children receiving full-time child care. It is not available if the child is receiving care on a part-time basis.

(b) There must be a definite plan for the child to return to the facility as soon as the reason for an absence, such as a vacation or illness of the child or parent, is resolved.

(c) Absent days may not be used for more than 24 days in a state fiscal year per child.

(2) Child care providers may not charge for children for absent days if the parent has not indicated an intent to return the child to the facility for additional child care services. The intent to return a child may be manifested either:

(a) verbally;

(b) in writing; or

(c) by actions of the parent which would lead a reasonable person to believe that the child would be returning to the facility in the foreseeable future.

(3) Child care facilities must notify the child care resource and referral agency when a child is absent without explanation for five consecutive working days unless the child has been attached to a different provider. If the provider fails to notify the child care resource and referral agency when a child is absent without explanation for five consecutive working days, the department is not required to pay for any care from the date the child last attended the facility.  

History: 52-2-704, MCA; IMP, 52-2-704, MCA; NEW, Eff. 4/5/76; AMD, 1985 MAR p. 945, Eff. 7/12/85; TRANS, from Dept. of SRS, 1987 MAR p. 1492, Eff. 7/1/87; AMD, 1991 MAR p. 2261, Eff. 11/28/91; TRANS & AMD, from DFS, 1998 MAR p. 3117, Eff. 11/20/98; AMD, 1999 MAR p. 2454, Eff. 10/22/99; AMD, 2002 MAR p. 1553, Eff. 5/31/02; AMD, 2008 MAR p. 174, Eff. 2/1/08; AMD, 2012 MAR p. 195, Eff. 1/27/12; AMD, 2014 MAR p. 599, Eff. 3/28/14; AMD, 2016 MAR p. 1711, Eff. 9/30/16.

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