(1) Adult protective services are services intended to reduce or remove the risk of physical or mental harm that has occurred or is occurring to a vulnerable adult, as a result of abuse, neglect, or exploitation.

As used in this subchapter, the following definitions apply:

(1) "Aged person" means a person 60 years of age or older.

(2) "Department" means the Department of Public Health and Human Services.

(3) "Disabled adult" means a person 18 through 59 years of age who is defined as disabled pursuant to 53-19-102, MCA, or who is a person with developmental or intellectual disabilities, as defined in 53-20-102, MCA, or who is determined to be:

(a) disabled by the Social Security Administration;

(b) fully disabled by the Veterans' Administration;

(c) disabled by the department's Vocational Rehabilitation Division;

(d) adjudicated disabled by a court of competent jurisdiction;

(e) eligible for the medically needy program, as set forth in ARM 37.82.1107, because of disability; or

(f) intellectually disabled as determined by the department as defined by 53-20-102, MCA.

(4) "Non-voluntary services" means protective services provided under court order to a vulnerable adult.

(5) "Protective services" means services to reduce or remove the risk of physical or mental harm that has occurred or is occurring to a vulnerable adult, as a result of abuse, neglect, or exploitation.

(6) "Voluntary services" means protective services requested or accepted by a vulnerable adult.

(7) "Vulnerable adult" means an "aged person" or "disabled adult."

(8) "Ward" means an incapacitated person for whom a guardian has been appointed by a court of competent jurisdiction.

(1) Voluntary services include, but are not limited to:

(a) identifying persons needing protective services through referrals;

(b) investigating referrals and identifying problems to determine extent and type of services needed;

(c) assisting in locating behavioral health services for the individual and family;

(d) assisting in locating appropriate alternative living arrangements or protective placements;

(e) enlisting support and services from interested persons or agencies;

(f) assisting in arrangement of medical health related services;

(g) assisting in locating legal services;

(h) providing advocacy; or

(i) assisting in arranging services to preserve or enhance the current living arrangement, when desirable, in the best interest of the vulnerable adult.

(2) Non-voluntary services may include any voluntary service under (1) and any other services ordered by the court through guardianship proceedings.

(1) Adult protective services will be provided when necessary without regard to income to any vulnerable adult as defined in ARM 37.47.102.

(1) The Adult Protective Services office of the county in which the vulnerable adult resides or is found will investigate requests for protective services.

(2) Request for service is accepted from the vulnerable adult on their own behalf or from any relative or persons interested in the individual's safety and wellbeing.

(3) A request for service may be written, electronic, or oral.

This rule has been repealed.

(2) The department operates a child abuse hotline within the CI bureau to receive and screen incoming communications.

(3) All reports of child abuse or neglect must be made through the child abuse hotline. If a person calls, visits or writes a department office other than the child abuse hotline to report child abuse or neglect, that department office shall refer the person or written communication to the hotline.

(a) ask the caller's identity:

(i) if the caller does not wish to self-identify, the CI specialist shall also accept an anonymous call;

(b) use standardized questions to screen the communication and determine:

(i) the type of child abuse or neglect alleged;

(ii) the level of response required; and

(iii) how the report will be classified;

(c) check the program information system for prior reports on the same persons; and

(d) enter the report information into the protective service information system described at ARM 37.47.315.

(2) When the incoming communication received by the hotline contains an allegation of child abuse or neglect requiring investigation, the CI specialist shall transmit the report to a local office for a response pursuant to 41-3-202 , MCA.

(3) When an incoming communication received by the hotline results in a report alleging child abuse or neglect which indicates a child may be in immediate danger of serious harm, thus requiring an immediate response, the CI specialist will promptly contact the appropriate social worker in the field designated to receive those reports and verbally inform the field social worker of:

(a) the nature of the concerns;

(b) where the child or children of concern can be located; and

(c) any other information necessary to facilitate protection of the child or children.

(4) Following verbal communication with the field social worker, the CI specialist shall promptly enter the report information into the protective service information system and transmit the report electronically to the department's local office.

(5) When an incoming communication received by the hotline does not contain an allegation of child abuse or neglect, but instead is classified as a request for services, as child protection information only, or a report regarding a licensee issue, the CI specialist shall also record that information.

This rule has been repealed.

(1) "Disqualifying criminal offenses" for adults residing in emergency placements are the same criminal offenses set forth for youth foster homes in ARM 37.51.216(1) and 45 CFR 1356.30.

(1) All Child and Family Services Division employees who are employed in child-facing employment positions, including child protection specialist supervisors and child protection specialists, must maintain certification. 

(2) All division employees in child-facing positions hired after October 1, 2021 must successfully complete the training requirements for initial certification in their first year of employment. 

(3) Following the completion of the mandatory training requirements, the division employee in a child-facing position must obtain a passing score on a competency examination approved by the division administration. An overall score of 80% is required for passage of the competency examination.

(a) Any division employee in a child-facing position who does not obtain a passing score as outlined above, must meet with their direct supervisor and regional training staff to review all relevant materials prior to attempting the competency examination again.

(b) Any division employee in a child-facing position who does not obtain a passing score on the competency examination following a second attempt must meet with the regional administrator and the division training development supervisor to review all relevant materials prior to attempting the competency examination again.

(c) Following the third unsuccessful attempt to obtain a passing score on the competency examination, the progressive discipline process through the department's human resources office will be utilized.

(d) If an employee hired after October 1, 2021 resigns and returns to the division within one year, and prior to resignation had completed the required training, the employee may choose to take the competency examination without repeating the training program.

(e) Current employees who were hired prior to October 1, 2021 who have completed training within the first year of hire are not required to repeat the training.

(i) Current employees must complete and pass the competency examination by October 1, 2023.

(ii) If the employee does not pass the competency examination within two attempts, the employee must repeat the training program prior to the third attempt.

(4) To be a child protection specialist supervisor, an employee must obtain the child protection specialist certification.

(5) Each division employee in a child-facing position who successfully completes the initial certification process must complete twenty hours of training on an annual basis.

(a) Annual training topics must include the topics required by statute.

(b) Other annual training topics approved by the division include, but are not limited to:

(i) parent coaching and supportive visitation;

(ii) childhood trauma;

(iii) multidisciplinary/child protection team;

(iv) substance use disorders;

(v) engagement and communication with children;

(vi) engagement and communication with adults;

(vii) forensic interview training;

(viii) identification and support of commercial sexual exploitation; and

(ix) any other trainings approved by division administration.

(c) Proof of successful completion of the required training hours must be provided to the division's training unit.

(6) For purposes of this rule, "division" means the Child and Family Services Division.

(1) Child protection specialist supervisors are required to attend supervisory training. It is the responsibility of the division's training unit to develop, coordinate, implement, and track the completion of the initial supervisory training. 

(2) All child protection specialist supervisors hired after July 1, 2021 must complete the initial supervisory training within the first year of employment as a child protection specialist supervisor. 

(a) Training topics for child protection specialist supervisors include, but are not limited to:

(i) personnel management and supervision framework;

(ii) the division safety assessment model;

(iii) the division practice model; and

(iv) leadership in child welfare.

(3) Proof of successful completion of the required training hours must be provided to the division's training unit.

(4) For purposes of this rule, "division" means the Child and Family Services Division.

(1) Child protection specialist supervisors must complete annual child welfare supervisory training.  It is the responsibility of the division's training unit to develop, coordinate, implement, and track the completion of these supervisory trainings on an annual basis. 

(2) Child protection specialist supervisors must complete twenty hours of child welfare supervisory training annually and have the completion recorded and tracked by the division's training unit. 

(3) Annual training topics for child protection specialist supervisors are based on topics relevant to the position.

(4) All supervisory trainings completed by child protection specialist supervisors must be approved by the division's administration. Proof of successful completion of supervisory trainings must be provided to the division's training unit.

(5) Twenty hours of child protection specialist supervisory training will count toward the twenty-hour child protection specialist recertification.

(6) For purposes of this rule, "division" means the Child and Family Services Division.

(2) All reports of the protective services information system are confidential.

(3) Misuse of the information by any employee of the department is grounds for immediate dismissal.

(4) Misuse of information by persons other than department employees shall be grounds for termination of the person's rights to such information.

(5) Periodic statistical reports will be compiled.

(6) Persons who are subjects of the reports have the right to examine the protective services information system material on their case in accordance with ARM Title 37, chapter 47, subchapter 6.

(1) The rules of this subchapter govern the disclosure and amendment of case records containing reports of child abuse, neglect or exploitation, and identify a procedure to administratively challenge a substantiated report of child abuse, neglect, or exploitation.

For purposes of this subchapter, the following definitions apply:

(1) "A person responsible for a child's welfare" means those persons specified in 41-3-102, MCA.

(2) "Case records" means any records maintained by the department relating to reports and investigations of child abuse, neglect, or exploitation. Photographs, video and audio recordings may also be included as part of the case record. The term does not include confidential reports or evaluations, such as psychological evaluations, provided to the department by other professionals, or licensing or registration files of providers licensed, registered, or certified by the department.

(3) "Child abuse or neglect" means that defined in 41-3-102, MCA, including the various definitions for the types of abuse, neglect, and exploitation.

(4) "Confidential information" means information in case records that is restricted by law from being disclosed.

(5) "Department" means the Department of Public Health and Human Services.

(6) "Disclosure" means to release for inspection or copying or to make known or reveal in any manner any information contained in case records.

(7) "Founded report" means that, after an investigation, the department has determined by a preponderance of the evidence that the reported act of child abuse or neglect occurred.

(8) "Report of child abuse, neglect, or exploitation" means a referral alleging that a child may be abused, neglected, or exploited.

(9) "Subject" means the person responsible for a child's welfare who is the alleged perpetrator of the child abuse, neglect, or exploitation.

(10) "Substantiated report" means that, after an investigation, the department has determined by a preponderance of the evidence that the reported act of child abuse or neglect occurred, and that the subject of the report may be disclosed to the appropriate entities as a person that may pose a danger to children.

(11) "Unsubstantiated" means that, after an investigation, the department could not determine by the preponderance of the evidence that the reported abuse or neglect occurred.  

(1) Case records may be disclosed to those individuals or entities referred to in the applicable provisions of 41-3-205, MCA.

(2) The department may prevent the disclosure of any portions of the case record if:

(a) the disclosure of the information is determined to be detrimental to the child or harmful to any person named in the records, in accordance with 41-3-205, MCA; or

(b) the disclosure is prohibited by:

(i) the federal Health Insurance Portability and Accountability Act (HIPAA) , found at 42 USC 1320d et seq., and associated federal regulations;

(ii) the Government Health Care Information Act found in Title 50, chapter 16, part 6, MCA; or

(iii) the Montana Criminal Justice Information Act found in Title 44, chapter 5, MCA.

(3) At no time shall the identity of the referral source making the initial referral or providing information in the course of the investigation be shared with the person or persons about whom the referral is made.

(4) Case records will be disclosed to employees if disclosure is necessary for the administration of programs designed to benefit the child deemed to be abused, neglected or exploited.

(1) Requests for disclosure must be in writing to the department.

(a) The department shall respond to a request for disclosure within 30 calendar days of the request.

(b) If the request for disclosure is denied, the department shall notify the person requesting the information in writing of the reasons for denial.

(2) Upon receiving a request for disclosure, the department shall determine if the person or entity who is requesting disclosure is authorized by statute or these rules to receive such information.

(a) Any person who is not authorized to receive the information shall be notified in writing that the information cannot legally be disclosed without a court order.

(b) If the person or entity requesting disclosure is authorized by statute or these rules to receive the requested information, the department may disclose the information to the requesting person or entity except as provided in ARM 37.47.607.

(i) The person or entity requesting the information may inspect the case records at the department offices and may request copies of any portion of the case record.

(ii) No fee will be charged for inspection. The department may charge a reasonable fee for the costs of copying the case records. No fee will be charged for copies of the case record that are provided to a parent, a guardian or a parent's or guardian's attorney.

(iii) If the information cannot be disclosed within 30 calendar days of receiving the request, the department shall notify the requesting person or entity in writing of the reason for the delay.

This rule has been repealed.

(1) The subject of a child abuse or neglect report that is determined by the department as substantiated pursuant to ARM 37.47.612 may request a fair hearing.

(2) The request for a fair hearing must be in writing and be sent within 30 days after the date of mailing of the department's initial notice of its substantiation determination. The request must be sent to the Department of Public Health and Human Services, Office of Legal Affairs, P.O. Box 4210, Helena, MT 59604.

(3) Upon receipt of the request for a fair hearing, the department will conduct an informal review of the investigation including the entire case record.

(a) The informal review is limited to the records and documentation in the case record and any written material provided by the subject.

(b) If, after the informal review, the department determines that the results of the investigation are not substantiated, pursuant to ARM 37.47.612, the department will amend the finding to reflect that the report is unsubstantiated or founded. The subject will be notified of the decision.

(c) If, after the informal review, the department determines that the investigation should be upheld as substantiated, pursuant to ARM 37.47.612, the department will notify the department's Office of Fair Hearings so that a fair hearing may be scheduled.

(4) The fair hearing will be conducted pursuant to the procedures specified in ARM 37.5.304, 37.5.307, 37.5.313, 37.5.322, 37.5.325, 37.5.328, 37.5.331, 37.5.334, and 37.5.337, subject to the limitations specified in ARM 37.47.615.

(5) Hearsay statements of the child victim are admissible as evidence in the fair hearing on an investigation of child abuse or neglect report. The administrative law judge will determine the weight to give each child victim's hearsay statement. The factors to be considered in determining the weight of the child hearsay statement include:

(a) the attributes of the child making the hearsay statement;

(b) the witness relating the child's hearsay statement;

(c) the child's statement itself; and

(d) any other factors that provide for the reliability of the child's statement.

(6) Hearsay statements of persons other than the child victim are admissible in accordance with Montana Rules of Evidence and relevant case law.

(7) The hearing officer's proposal for decision is subject to review under ARM 37.5.331.

(8) A fair hearing is not available for reports that are determined to be unsubstantiated or founded.  

(1) Section 41-3-205, MCA provides that the case records of investigations into child abuse and neglect are confidential.

(2) Section 41-3-205, MCA also provides that persons and entities carrying out background, employment-related, or volunteer-related activities on prospective employees or volunteers who may have unsupervised contact with children may request information from the department. The information that may be provided by the department to such a request is limited to confirmation that the department's Protective Services Information System has information that indicates the person may pose a risk to children.

(3) The purpose of ARM 37.47.611, 37.47.612, 37.47.616 and 37.47.617 is to provide a process for which information in a child abuse or neglect investigation may be relied upon by the department in determining that a person may pose a risk to children and can be disclosed pursuant to 41-3-205, MCA.

(4) It is the policy of the department that any report of child abuse or neglect that is determined as "substantiated" may be disclosed to persons or entities requesting background checks on potential employees or volunteers who may have unsupervised access to children.

(5) Substantiated reports may be relied upon by the department to deny a person a foster care license, day care license, or employment in any field where a person has or may have unsupervised contact with children.

(6) Nothing in this rule prohibits the department or its personnel from using the facts discovered during an investigation and the associated case record of a child abuse or neglect report investigation, as necessary, to support district court actions under Title 41 of the Montana Code Annotated or an administrative process of the department.

(1) After any investigation of a reported child abuse or neglect has been completed and the safety assessment set forth in 41-3-202, MCA is completed, the investigating worker and the local supervisor must determine how to list the report and investigation in the Protective Information System provided by ARM 37.47.613.

(2) The results of the investigation must be listed in the Protective Information System as either unsubstantiated, founded, or substantiated as defined in ARM 37.47.602.

(3) In order for an investigation to be determined and listed as substantiated against the subject of the report, the investigating worker and the local supervisor must determine that the preponderance of the evidence supports a finding that:

(a) the reported abuse or neglect occurred;

(b) the subject was the perpetrator of the abuse or neglect; and

(c) the case file documents sufficient evidence under the totality of the circumstances to find that the subject may pose a risk to children.

(4) The factors considered in determining whether a subject in a child abuse or neglect report may pose a danger to children include but are not limited to:

(a) the nature of the substantiated abuse or neglect;

(b) any prior or subsequent child abuse or neglect reports or investigations involving the perpetrator;

(c) any prior or subsequent Youth in Need of Care adjudications in District Court where the perpetrator was determined as an abuser;

(d) any prior or subsequent criminal convictions for crimes against children; and

(e) the degree to which a child was impacted by any prior or subsequent reported abuse or neglect, or any prior or subsequent criminal convictions.

(1) When the department determines that a report of child abuse or neglect is substantiated pursuant to ARM 37.47.612, the department will initially list its determination in its protective services information system provided in ARM 37.47.315 that the report's final determination is pending. The report will be pending for a period of 30 days from the date of the department's initial notice to the subject.

(2) If, after receiving the initial notice of the department's determination that the results of any child abuse and neglect investigation are substantiated, the subject does not request a fair hearing within the 30-day time period required by ARM 37.47.610(2), the department will list the report in its protective services information system as substantiated.

(3) If the subject requests a fair hearing pursuant to ARM 37.47.610(2), the department's determination will be listed as pending in its protective services information system until all administrative and judicial appeals have been decided.

(4) Reports of child abuse or neglect that are determined to be unsubstantiated will be listed in the department's protective services information system described in ARM 37.47.315, for a period of three years from the date of the report, unless the report is associated with a prior or subsequent report that is substantiated.

(5) Reports of child abuse or neglect that are determined to be substantiated will be listed in the department's protective services information system described in ARM 37.47.315 in perpetuity, subject to the confidentiality provisions of ARM 37.47.614.

(1) Findings, determinations, and associated case records on child abuse or neglect reports that are determined as unfounded, unsubstantiated, or founded cannot be disclosed to the following persons without either a valid court order or a signed release by the subject of the report:

(i) a parent, grandparent, aunt, uncle, brother, sister, or guardian;

(ii) foster and adoptive parents who are or may be providing care for a child.

(2) Child abuse or neglect reports that are determined to be unsubstantiated or founded cannot be solely relied upon by the department to deny a person a license to provide foster care, kinship care, or to be employed in a capacity where they have unsupervised access to children.

(3) Findings, determinations, and associated case records on child abuse or neglect reports that are determined to be substantiated are confidential, but may be disclosed pursuant to 41-3-205, MCA, and ARM 37.47.612.

(4) Child abuse or neglect reports that are determined to be substantiated may be used as a basis to deny a person a license to provide foster care, kinship care, or to be employed in a capacity where they have unsupervised contact with children.

(5) Nothing in this rule prohibits the department or its personnel from using the facts discovered during an investigation and the associated case record of a child abuse or neglect report investigation, as necessary, to support district court actions under Title 41 of the Montana Code Annotated or an administrative process of the department.

(6) All disclosures of information on findings, determinations, and associated case records on child abuse or neglect reports are subject to the specific restrictions provided in 41-3-205, MCA.

(1) The subject of a substantiated report of child abuse, neglect, or exploitation is not entitled to a fair hearing if:

(a) the subject has been criminally convicted, as defined in 45-2-101(15), MCA, of an offense related to child abuse, neglect, or exploitation which contains the same facts as the substantiated report and involves the same child victim; or

(b) pursuant to 41-3-437(2) or 41-3-434, MCA, there has been a district court adjudication, or a stipulation by the parents, that the child in the substantiated report is a youth in need of care, as defined in 41-3-102, MCA; and

(i) the facts of the district court adjudication, or the allegations in the affidavit in the case of a stipulation, are the same as that of the substantiated report; and

(ii) the subject of the substantiated report is the perpetrator of the child abuse, neglect, or exploitation; or

(c) a court or administrative hearing officer has made any adjudication in a prior proceeding as to the factual findings of the child abuse, neglect, or exploitation contained in the substantiated report.

(1) If after an investigation, fair hearing, or any appeal thereof, the department has determined that the results of an investigation are "substantiated," then the department may:

(a) disclose to any person or entity requesting a background check pursuant to 41-3-205, MCA, that the department has information that indicates that a person may pose a risk to children; and

(b) rely on the information to deny a foster care license pursuant to ARM 37.51.216 or a day care license pursuant to ARM 37.95.176.  

(1) Any child abuse or neglect report or investigation that was determined by the department as substantiated prior to January 1, 2021, may be disclosed to the appropriate persons or entities pursuant to 41-3-205, MCA.

(2) No hearing is available for child abuse or neglect reports that are not determined as substantiated.  

(a) aid to families and dependent children (AFDC) ;

(b) supplemental security income (SSI) ;

(c) medicaid;

(d) child protective services; or

(e) adult protective services.

(2) Home attendant services will be provided as follows:

(a) at the discretion of the department to persons in the categories listed in (1) (a) through (1) (c) who are determined through a professional evaluation to be in need of those services and for whom there are direct care staff available to provide those services;

(b) to persons in (1) (d) and (1) (e) for whom the services are a documented part of a child or adult protective services case plan developed by a program and planning division social worker.

(3) Home attendant services are available only to a person in their home.

(4) Receipt of home attendant services by any person must be consented to by the person or their guardian.

(1) Home attendant services may include but are not limited to:

(a) household management services;

(b) health supportive services;

(c) social restorative services;

(d) teaching services; and

(e) personal care attendant services.

(2) Household management services consist of assistance with those activities necessary for maintaining and operating a home and may include assisting the recipient in finding and relocating in other housing.

(3) Health supportive services consist of assistance with those activities necessary to meet a person's health care needs.

(4) Social restorative services consist of assistance which will further a person's involvement with activities and other persons.

(5) Teaching services consist of activities which will improve a person's or family's skills in household management, self care, social functioning, and child care activities.

(6) Personal care attendant services consist of health oriented tasks which include basic personal hygiene and grooming (bathing, dressing, shaving) , assistance with toileting, assistance with self-administered medications, assistance with food, nutrition, diet (including the preparation of meals if incidental to medical need) , and accompanying the patient to obtain medical diagnosis or treatment.

(1) The recipient may request that home attendant services be discontinued or may request a change of home attendant. The social worker must act on this request.

(2) The department may, in its discretion and in accordance with these rules, terminate home attendant services to a recipient.

(a) The social worker must inform the recipient both in person and in writing of the decision to discontinue services and the reasons.

"Department" means the Department of Public Health and Human Services.

(1) "Grant application" means a written application to the department under the terms of Title 40, chapter 2, part 4, MCA and these rules.

(2) "Domestic violence" means any act or threatened act of violence, including any forceful detention of an individual which results or threatens to result in physical injury and is committed by a person against another person to whom such person is or was married or with whom the assaulted person cohabits or formerly cohabited. "Spouse abuse" is included within the definition of "domestic violence".

(3) "Local battered spouse and domestic violence program" means a community-based program directed at the problems of domestic violence which may include but is not limited to providing direct services to victims of domestic violence.

(4) "Shelter" means a permanent facility that offers emergency, short term shelter to victims of domestic violence and may provide other support services such as crisis counseling and referral to appropriate community services.

(5) "Safe homes" means private homes available to provide emergency short term shelter to victims of domestic violence when needed.

(6) "Local contribution" means the 20% of the operational costs of the program in the form of cash or in-kind contributions generated from the community to be served.

(7) "In-kind contributions" means program support other than direct funding and may include such things as volunteer time, donated space and donated supplies.

(8) "Local control unit" means a community-based body which may be a governmental entity or non-profit board, agency or committee which is responsible and accountable for the administration and execution of the program.

(9) "Counseling" means crisis or longer term individual or group counseling by professionals or trained volunteers for victims and others involved in domestic violence situations.

(10) "Advocacy programs" means programs that assist or act on behalf of victims in obtaining such things as services and information.

(11) "Educational programs" means programs related to battered spouses and domestic violence which may be designed for the community at large or specialized groups such as hospital personnel and law enforcement officials.

(a) expansion or maintenance of existing programs;

(b) new programs; and

(c) innovative programs with the potential for replication.

(2) The department reserves the right to fund all or part of a program or to reject a grant application.

(3) The department will make the final decisions on grant awards.

(4) Grants will be awarded annually for a maximum of twelve months. Applications for renewal will be evaluated in the same manner as new applications.

(5) Applications for grant awards are to be received by the department by June 1. Decisions for grant awards will be made on or before June 15 with awards to be made on July 1.

(6) The department shall award grants to locally controlled units such as a non-profit board or administrative body that shall be responsible and accountable to the department under an agreement based on the grant application.

(7) The department shall require quarterly progress and final reports.

(8) The department shall require expense records and reports. Funds granted shall be used only for the purposes outlined and described in the application and approved by the department. Programs awarded grants are subject to audit by the office of the legislative auditor and the department.

(9) The department will monitor programs awarded grants.

(10) Applications submitted to the department become government documents subject to public scrutiny. Names of individuals or information about facilities that require confidentiality protection will not be disclosed.

(a) demonstrated need as documented by such sources as data from the community involving incidence of the domestic violence needs assessments, inadequacy of resources to meet needs, and community letters of support;

(b) project merit which will include factors such as cost benefit and clear meeting of identified needs;

(c) administrative design which includes method of evaluation, program organizational structure such as staff and board of directors if applicable, and relationships with other community organizations and agencies; and

(d) efficiency of administration including the maximum use of other resources and the capability to sustain programs without grant money.

(2) There shall be no residency requirement for persons served by programs to which grants are awarded.

(3) Shelters must be licensed by the state department of public health and human services as a "rooming house" in order to be eligible for a grant award.

(4) Programs which include any payments to safe homes must document that the homes carry home owners liability and fire insurance.

(5) Programs which include funding for counseling services must demonstrate that the counseling is directed towards assisting the victim and others involved to be free from violent situations.

(6) Programs that include funding for advocacy services must keep records that document results in assisting victims.

(7) Programs that include funding for educational programs must define clear objectives and include an evaluation design.

(1) Three copies of the grant application should be sent to the Montana Department of Public Health and Human Services, Child and Family Services Division, Domestic Violence Grant Program, P.O. Box 202951, Helena, Montana 59620.

(2) Although not required, it is suggested that:

(a) the application should be typed, printed or otherwise legibly reproduced on 8 1/2 x 11" paper; and

(b) all pages be consecutively numbered.

(3) The application should state the name, title, telephone number and post office address of the person to whom communication in regard to the application should be made.

(4) The department will review the application to determine compliance with these rules. If the department determines that the application does not comply, the department will reject the application, notifying the applicant in writing and listing the application deficiencies within 2 weeks of receiving the application. The application may be corrected and resubmitted but must be received by the final submittal deadline.

(5) After an application is filed, the applicant should submit supplemental material upon request or as soon as possible after it becomes available.

(6) There is no form adopted by the department for use in making an application.

(1) Each grant application must include:

(a) project title;

(b) applicant's name, title, address, and phone number;

(c) statement demonstrating compliance with ARM 37.47.1015 eligibility requirements;

(d) amount requested;

(e) amount of match -- cash, in-kind and total;

(f) signature(s) of responsible person(s) ;

(g) statements regarding protection of rights for confidentiality and nondiscrimination; and

(h) budget balance sheet and budget justification.

(2) The application must also include a brief program narrative which shall consist of, but is not limited to, the following specific areas:

(a) a general statement of the scope and purpose of the program, including services to be offered;

(b) documentation of the need for the program including any available needs assessment pertinent to the program;

(c) description of the responsible local body; organization chart or outline showing lines of authority, responsibility and accountability; staff and job descriptions, including volunteers;

(d) clearly stated program objectives relevant to the services to be provided and number of clients served; the objectives should be measurable so the evaluation of a program can be based on actual performance of a program in relation to stated objectives;

(e) community support including documentation of 20% local contribution for operating costs and letters of support;

(f) geographic area to be served including outreach activity and linkages with other agencies and organizations;

(g) if an ongoing program, describe stability and community commitment through a maintenance and expansion of programmatic and fiscal effort, describe other funding sources explored;

(h) evaluation design; and

(i) desired method of payment.