Administrative Rules of Montana
Department 37 - PUBLIC HEALTH AND HUMAN SERVICES
Chapter 37.51 - YOUTH FOSTER HOMES
Subchapter 37.51.2 - Licensure
Rule 37.51.216 - YOUTH FOSTER HOMES: NEGATIVE LICENSING ACTION
Universal Citation: MT Admin Rules 37.51.216
Current through Register Vol. 18, September 20, 2024
(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, emergency placement, or any household member has a conviction for any of the following types of crimes:
(a) felony crimes
involving violence, including homicide, felony partner-family member assault,
rape, sexual assault, human trafficking, robbery, burglary, kidnapping, animal
cruelty, arson and aggravated assault, or convictions requiring registration on
a sexual or violent offender registry;
(b) felony and misdemeanor 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 unlawful transactions
with children;
(c) if within the
previous five years, a felony conviction for a drug-related offense, including
the 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;
(d) if within the previous five years, a
conviction for other crimes such as misdemeanor assault and battery, including
misdemeanor partner-family member assault; or
(e) felony and misdemeanor crimes against
older persons or developmentally disabled persons, including 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, a foster parent, or any
household member, is not in compliance with any other licensing
requirements;
(c) a 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) a foster parent has
failed to use the foster care payments for the support of the foster
child;
(e) a foster parent or other
household member has been named as the perpetrator of child abuse or neglect in
a substantiated report or their child has been placed in out of home care by
the department;
(f) a 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) 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;
(h) a foster parent 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; or
(i) a
foster parent 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.
AUTH: 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
Disclaimer: These regulations may not be the most recent version. Montana may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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