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37.100.162    ADULT FOSTER HOMES, PLACEMENT

(1) The licensee shall enter into a written placement agreement with the agency or person placing the elderly or disabled adult in the home.

(a) The agreement shall specify the responsibilities of the licensee and the placing agency or person requesting care.

(b) The agreement shall set forth the charges that will be made to the resident for care and an itemized statement of what expenses in addition to the cost for care will be charged to the resident.

(c) A copy of the agreement shall be filed in the resident's file.

(d) For those residents placed in the home by the department, a copy of the agreement shall be sent to the department within 3 days from the day the adult begins to reside in the home.

(e) As part of the written agreement for residents not placed by the department, the licensee will state the policy for refunding the resident's payments.

(2) The prospective resident or his guardian shall be allowed to participate in the selection of a foster home.

(3) If there is a question as to whether the aged or disabled adult can be adequately cared for in foster care, the licensee or placing agency shall contact the adult's personal physician for a recommendation.

(4) The licensee shall not discharge or transfer a resident from the home without prior planning, including but not limited to:

(a) determining that the move is in the resident's best interest;

(b) maintaining a record that includes date of discharge, the reason for discharge, the disposition of money and valuables held for safekeeping and a forwarding address of the resident or a relative, guardian or other adult;

(c) providing 10 days prior notice to the placing agency or person responsible for placing the resident.

History: Sec. 53-5-304, MCA; IMP, Sec. 53-5-303, MCA; NEW, 1985 MAR p. 289, Eff. 3/29/85; TRANS, from Dept. of SRS, 1987 MAR p. 1492, Eff. 7/1/87; AMD, 1989 MAR p. 2207, Eff. 12/22/89; TRANS, from DFS, 1998 MAR p. 667.

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