Administrative Rules of Montana
Department 37 - PUBLIC HEALTH AND HUMAN SERVICES
Chapter 37.100 - LICENSURE OF COMMUNITY RESIDENCES
Subchapter 37.100.1 - Adult Foster Care Homes
Rule 37.100.138 - ADULT FOSTER CARE HOMES (AFCH): BACKGROUND CHECKS
Current through Register Vol. 6, March 22, 2024
(1) The provider, staff, and any adult residing in the home must have a state of Montana criminal background check, and, if applicable, a tribal criminal background check and state protective service background check prior to receiving an AFCH license or working at the AFCH.
(2) If an applicant has lived outside the state within the past five years, the AFCH provider must complete background checks in every state that the applicant has resided within the past five years.
(3) The department will deny or revoke a license upon finding that:
(4) The department may deny or revoke a license upon finding that the provider, staff member, or anyone residing in the home has a conviction for a misdemeanor partner and family member assault, misdemeanor endangering the welfare of a child, misdemeanor unlawful transaction with a child, or a crime involving an abuse of the public trust.
(5) The provider or staff member or anyone residing in the home who is charged with physical or sexual violence against any person, or any felony drug- related offense and awaiting trial may not provide care or be present in the facility pending the outcome of the criminal proceeding.
(6) The AFCH is responsible for assuring that the persons covered by this rule have met these requirements before providing care.
(7) The provider, staff member, or anyone residing in the home must not pose any potential threat to the health, safety, and well-being of the residents in care.
50-5-103, 50-5-215, MCA; IMP, 50-5-103, 50-5-215, MCA;