37.98.403    STAFF

(1) A program shall have written personnel policies covering the following items:

(a) job qualifications;

(b) job descriptions;

(c) supervisory structure;

(d) fringe benefits;

(e) insurance;

(f) hours of work; and

(g) performance evaluations.

(2) A program shall maintain records for each employee regarding the following:

(a) application for employment;

(b) reports from references;

(c) record of orientation and ongoing training;

(d) reports of health examinations;

(e) periodic performance evaluations;

(f) copy of current licenses and certifications; and

(g) any other employee records required by this subchapter.

(3) All program staff shall meet the following general qualifications:

(a) understand the purpose of the program and be willing to carry out its policies and programs;

(b) be physically, mentally, and emotionally competent to care for youth; and

(c) be in good general health.

(4) New employees must receive orientation and training in areas relevant to the employee's duties and responsibilities, including:

(a) an overview of the facility's policies and procedures manual in areas relevant to the employee's job responsibilities;

(b) a review of the employee's job description;

(c) services provided by the facility; and

(d) youth rights as discussed in ARM 37.98.702.

(5) A "personal statement of health for licensure form" provided by the department must be completed for each person subject to the requirements of this rule. The form must be submitted to the department with the initial application for licensure and annually thereafter. The "personal statement of health for licensure form" is available at Department of Public Health and Human Services, Quality Assurance Division, Licensure Bureau, 2401 Colonial Drive, P.O. Box 202953, Helena, MT 59620-2953.

(6) The program shall employ, train and supervise an adequate number of staff necessary to ensure proper care, treatment and safety of the residents.

(7) No staff member, intern, volunteer or other person having direct contact with the youth in the program shall conduct themselves in a manner which poses any potential threat to the health, safety or well being of the youth in care.

(8) Any staff member, intern, volunteer or other person having direct contact with the youth whose behavior or health status endangers the residents may not be allowed at the program.

(9) The personal references of all staff must be verified and documented in writing.

(10) Program volunteers and interns shall:

(a) be provided orientation and initial training procedures. The training must include orientation on all program policies and procedures;

(b) follow written policies and procedures developed by the program defining the responsibilities, limitations and supervision of volunteers and interns;

(c) not be included in the staff to youth ratios; and

(d) be under the direct and constant supervision of program staff.

History: Sec. 50-5-220, MCA; IMP, Sec. 50-5-220, MCA; NEW, 2004 MAR p. 1960, Eff. 8/6/04.