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37.100.175    ADULT FOSTER HOMES, PROHIBITED PRACTICES

(1) A foster home shall not subject any resident to physical restraint, isolation, corporal punishment, personal humiliation or the withholding of meals, water, clothing, mail or visits.

(2) A licensee is prohibited from providing skilled nursing care.

(3) A foster home shall not provide day care services to adults or children, except that a foster home under this rule may provide day care services to children while foster care residents are present in the home for a maximum period of 3 hours per any 24-hour period, if special approval is given by the regional administrator. The regional administrator's decision on granting or denying special approval must be based on the following:

(a) facts demonstrating the ability (or, in cases where special approval is denied, the inability) of the operator to provide for the needs of both the child day care enrollees and the foster care residents during the 3-hour period of time that this rule allows for the presence of both foster care residents and child day care enrollees;

(b) facts bearing on whether there is beneficial social interaction between the foster care residents and the day care enrollees; and

(c) any other relevant facts and/or circumstances bearing on the best interests of the foster care residents and the day care enrollees.

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, 1990 MAR p. 2278, Eff. 12/28/90; AMD, 1992 MAR p. 800, Eff. 4/17/92; TRANS, from DFS, 1998 MAR p. 667.

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