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37.80.206    ABSENT DAYS

(1) Payment for absent days will only be made to licensed child care centers and registered family and group providers. Family, Friend, and Neighbor and relative care providers are not eligible for payment for absent days. The following requirements must be met for a qualified provider to be paid for a child's absent days:

(a) The child must be in full-time child care.

(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 absent days if the parent has not indicated an intent to return the child to the facility. The intent to return a child may be documented either:

(a) verbally;

(b) in writing; or

(c) by actions of the parent that would lead a reasonable person to believe the child would be returning to the facility in the near 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; AMD, 2018 MAR p. 1283, Eff. 7/7/18.

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