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37.95.106    DAY CARE FACILITIES, REGISTRATION, OR LICENSING

(1) Any individual, agency, or group may apply for a license to operate a day care center, or may apply for a registration certificate to operate a family day care home or a group day care home. Applications may be obtained from the Department of Public Health and Human Services, Quality Assurance Division, Licensure Bureau, P.O. Box 202953, 2401 Colonial Drive, Helena, MT 59620-2953.

(2) Applications for a license or registration certificate by Indians residing on Indian reservations must follow the requirements of 52-2-722 , MCA.

(3) Before a regular one year license without provisions or restrictions may be granted, the following shall be submitted by the applicant at the time of application and annually thereafter:

(a) an annual approved inspection report from the state fire marshal or the fire marshal's official designee indicating the fire safety rules have been met;

(b) an annual approved inspection report from public health authorities certifying the satisfactory completion of training or a certificate of approval following inspection by local health authorities in accordance with ARM 37.95.128, 37.95.139, 37.95.140, and 37.95.205 through 37.95.227;

(c) proof of current fire and liability insurance coverage for the day care center;

(d) a schedule of daily activities;

(e) a sample weekly menu;

(f) a DPHHS personal statement of health for licensure form for each caregiver, aide, or volunteer who has direct contact with the children in care;

(g) a criminal background and child and adult protective services check on the provider or staff, including care-givers, aides, volunteers, kitchen and custodial staff, and persons over age 18 residing in the day care facility prior to any services being provided by an individual covered by this requirement;

(h) list of each staff person's legal name, position, age, residential and mailing addresses, and telephone numbers;

(i) a written fire and emergency evacuation plan for all buildings used for child care services. For license renewal there must also be documentation of eight annual emergency evacuation practices, including when each drill took place and how long it took to evacuate everyone from the facility; and

(j) such other information which may be requested by the department to determine compliance with the licensing requirements.

(4) Before a regular one year registration certificate may be granted, the following shall be submitted by the applicant at the time of application and annually thereafter:

(a) a DPHHS personal statement of health form for each care-giver, aide, or volunteer who has direct contact with the children in care;

(b) proof of current fire and liability insurance coverage for the provision of day care in the home;

(c) a criminal background and child and adult protective services check on the provider or staff, including care-givers aides, volunteers, kitchen and custodial staff, and persons over age 18 residing in the day care facility prior to any services being provided by an individual covered by this requirement;

(d) a written fire and emergency evacuation plan. For registration certificate renewal there must also be documentation of eight annual emergency evacuation practices, including when each drill took place and how long it took to evacuate everyone from the facility; and

(e) any such other information which may be requested by the department.

(5) Applications for renewal shall be made by the provider at least 30 days prior to expiration of the license or registration certificate.

(6) A day care facility may not provide care for more than the number of children permitted at any one time by its day care license or registration certificate.

(7) Any individual, group, or other agency may request that the department determine whether a facility should be licensed or registered according to law. Referral may be either in writing or by telephone.

History: 52-2-704, 53-4-503, MCA; IMP, 52-2-704, 52-2-722, 52-2-723, 52-2-731, 53-4-504, 53-4-507, MCA; NEW, Eff. 12/31/72; AMD, 1981 MAR p. 1792, Eff. 12/18/81; AMD, 1985 MAR p. 2041, Eff. 12/27/85; TRANS, from Dept. of SRS, 1987 MAR p. 1492, Eff. 7/1/87; AMD, 1993 MAR p. 1210, Eff. 6/11/93; AMD, 1995 MAR p. 23, Eff. 10/14/94; TRANS, from DFS, 1998 MAR p. 2881; AMD, 2000 MAR p. 2415, Eff. 9/8/00; AMD, 2002 MAR p. 2231, Eff. 8/16/02; AMD, 2006 MAR p. 1424, Eff. 6/2/06.

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