37.51.216 YOUTH FOSTER HOMES: NEGATIVE LICENSING ACTION
(1) The department, through written notice to the applicant, licensee, or potential emergency placement will deny or revoke a license or emergency placement upon finding that the applicant, licensee, or member of the applicant's or licensee's household has a conviction for any of the following types of crimes:
(a) felony crimes involving violence such as homicide, spousal abuse, felony partner-family member assault, and felony aggravated assault, but not including other assault and battery;
(b) acts and other crimes against children such as child abuse or neglect, endangering the welfare of a child, incest, child sexual abuse, ritual abuse of a minor, child pornography, child prostitution, internet crimes involving children, and felony unlawful transactions with children;
(c) felony conviction for a drug related offense, including but not limited to use, distribution, or possession of controlled substances, criminal possession of precursors to dangerous drugs, criminal manufacture of dangerous drugs, criminal possession, manufacture or delivery of drug paraphernalia, or driving under the influence of alcohol or other drugs if within the previous five years;
(d) other crimes such as misdemeanor assault and battery, including misdemeanor partner-family member assault, robbery or burglary if convicted within the previous five years; or
(e) crimes against older persons or developmentally disabled persons such as abuse, sexual abuse, neglect, or exploitation.
(2) The department, through written notice to the applicant or licensee, may deny, suspend, restrict, or revoke a license upon a finding that:
(a) the foster home is not in compliance with fire safety standards;
(b) the foster home or foster parents are not in compliance with any other licensing requirements;
(c) the foster parent has made any material misrepresentations to the department, either negligent or intentional, including an omission of information the foster parent is obligated to disclose to the department, regarding any aspect of the foster home;
(d) the foster parent has failed to use the foster care payments for the support of the foster child;
(e) the foster parent has been named as the perpetrator of child abuse or neglect in a substantiated report;
(f) the foster parent failed to report an incident of suspected child abuse or neglect of any child to the department as required by 41-3-201, MCA, within 24 hours of receiving information pertaining to the incident;
(g) the results of a psychological or medical examination provide reasonable grounds for the department to believe that the foster parent is not an appropriate caretaker for a child; or
(h) the foster parents or anyone living in the foster home may pose any risk or threat to the safety or welfare of a child placed in the foster home.
(3) The foster home has failed to protect the health, welfare, or safety of a child or the foster home presents a threat to the health, welfare, or safety of a child.
(4) A foster care license may be suspended, restricted, or revoked at the discretion of a department regional administrator if the licensee's child is placed in foster care.
History: 52-1-103, 52-2-111, 52-2-601, 52-2-621, 52-2-622, MCA; IMP, 2-4-631, 52-1-103, 52-2-111, 52-2-601, 52-2-621, 52-2-622, MCA; NEW, 2006 MAR p. 1395, Eff. 6/2/06; AMD, 2015 MAR p. 306, Eff. 3/27/15; AMD, 2021 MAR p. 1233, Eff. 9/25/21.