37.95.703    GROUP AND FAMILY DAY CARE HOMES: PROVIDER RESPONSIBILITIES AND QUALIFICATIONS

(1) The provider and all persons responsible for children in the day care home must:

(a) be at least 18 years of age;

(b) demonstrate they are physically, emotionally, and mentally capable of performing the essential function of their position with or without reasonable accommodations;

(c) be free of communicable disease;

(d) have met the immunization requirements of ARM 37.95.140; and

(e) demonstrate they are of good moral character.

(2) The provider and all staff, including care-givers, aides, volunteers, kitchen and custodial staff, and all persons over the age of 18 residing in the day care facility or staying in the facility on a regular or frequent basis, must obtain a completed criminal background check, a completed child protective services check, and a statement of health. For those persons who are considered caregivers, this information must be completed before providing direct unsupervised care to the children attending the day care facility. The director or provider/owner of the facility is responsible for ensuring these reports and other pertinent information are completed and submitted to the department within 15 actual days of the care-giver providing care.

(3) The provider, or an approved care-giver designated by the provider, shall be responsible for the direct care, protection, supervision, and guidance of the children through active involvement or observation in group and family day care facilities.

(4) The provider shall attend a basic day care orientation or its equivalent provided or approved by the department within the first 60 days of certification. This orientation must include the following areas:

(a) health;

(b) safety;

(c) child development/well being;

(d) discipline/guidance;

(e) nutrition/food safety; or

(f) business aspects of a child care business.

(5) Orientation training does not count toward the required eight hours of approved education or training education as specified in (6) .

(6) The provider and all care-givers must annually verify that they have met the training requirements set out in ARM 37.95.162.

(7) The provider must hold current course completion cards in CPR for infant, child, and adult CPR; infant choking response; and standard first aid. Course completion means direct instruction which includes the practice and demonstrated applications of CPR methods as taught by instructors from accredited entities.

History: 52-2-704, MCA; IMP, 52-2-704, 52-2-723, 52-2-731, MCA; NEW, 2006 MAR p. 1424, Eff. 6/2/06.