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37.97.115    YOUTH CARE FACILITY: LICENSE REVOCATION AND DENIAL

(1) The department, after written notice to the applicant or licensee, may deny, suspend, restrict, revoke or reduce to a provisional status a license upon finding that:

(a) the YCF is not in compliance with fire safety standards; or

(b) the YCF is not in substantial compliance with any other licensing requirements established by this rule; or

(c) the YCF has made any misrepresentations to the department, either negligent or intentional, regarding any aspect of its operations or facility; or

(d) the YCF has failed to use the foster care payments for the support of the foster child; or

(e) the YCF or its staff have been named as the perpetrator in a substantiated report of abuse or neglect; or

(f) the YCF failed to report an incident of abuse or neglect to the department or its local affiliate as required by 41-3-201 , MCA.

(g) the YCF, its staff or anyone living in a YCF household may pose any risk or threat to the safety or welfare of any youth placed in the YCF.

(2) At the discretion of the department and for protection of the child(ren) in placement the child(ren) may be moved immediately upon receipt of a report of sexual or physical abuse by the YCF.

History: Sec. 41-3-503, 41-3-1103, 41-3-1142 and 53-4-111, MCA; IMP, Sec. 41-3-503, 41-3-1103, 41-3-1142, 53-2-201 and 53-4-113, MCA; NEW, 1978 MAR p. 88, Eff. 1/26/78; AMD, 1983 MAR p. 742, Eff. 7/1/83; AMD, 1983 MAR p. 1746, Eff. 11/26/83; AMD, 1984 MAR p. 1635, Eff. 11/16/84; AMD, 1986 MAR p. 2080, Eff. 12/27/86; TRANS, from Dept. of SRS, 1987 MAR p. 1492, Eff. 7/1/87; AMD, 1990 MAR p. 590, Eff. 3/30/90; AMD, 1991 MAR p. 2605, Eff. 12/27/91; TRANS, from DFS, 1998 MAR p. 663.

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