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Rule Title: LEGALLY CERTIFIED PROVIDERS: CERTIFICATION REQUIREMENTS AND PROCEDURES
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Department: PUBLIC HEALTH AND HUMAN SERVICES
Chapter: LICENSURE OF DAY CARE FACILITIES
Subchapter: General Requirements
 
Latest version of the adopted rule presented in Administrative Rules of Montana (ARM):

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37.95.103    LEGALLY CERTIFIED PROVIDERS: CERTIFICATION REQUIREMENTS AND PROCEDURES

(1) The applicant and all adults who reside in the applicant's home must provide authorization for criminal, FBI, state and national sexual/violent offender registry, and child protective services background checks for the period of time from the present date back to the date of the individual's 18th birthday.

(2) If the background checks reveal any of the following, the application will be denied:

(a) Child Protective Services (CPS) substantiation against the applicant or other adult in the household, or an open CPS case against the applicant or adult in the household;

(b) conviction of a crime involving sex;

(c) conviction of a crime involving violence;

(d) conviction of a crime involving drugs;

(e) conviction of driving under the influence (DUI) within three years of the application date (applies only to the applicant, not the other adults in the household);

(f) conviction of child endangerment;

(g) conviction of a crime involving a weapon, including firearms or knives;

(h) conviction of any crime that bears upon the applicant's fitness to have responsibility for the safety and well-being of children; and

(i) pending charges by a law enforcement agency for a crime that would otherwise be a disqualifying record, if convicted.

(3) An application will also be denied for the following reasons:

(a) applicant fails to provide all necessary documentation needed to determine eligibility within the 30-day time limit;

(b) parent and provider reside at the same residence and the proposed caregiver is not an approved relative caregiver;

(c) applicant's statement of health form reveals the applicant or other adult in the household has an ongoing illness that bears upon the applicant's ability to have responsibility for the safety and well-being of children;

(d) applicant discriminates in the provision of child care services on the basis of the race, sex, religion, creed, color, or national origin of the parent or the child; or

(e) the background check process has exceeded 90 days.

(4) Legally certified providers must also meet the following requirements to be certified under this chapter:

(a) be 18 years of age or older;

(b) within 60 calendar days of approval, attend a training or orientation session provided or approved by the department that includes health and safety issues;

(c) limit the care they provide to a period less than 24 hours in any day;

(d) care for no more than two children at a time, unless the children are from the same household. If the children are from separate households, then a legally certified provider may care for no more than two children;

(e) must provide appropriate verification of the attestations and other requirements in this rule upon request from the department. The department may deny eligibility based upon inaccuracy or falsification of such attestations, and/or failure to fulfill the other requirements of this rule. Prior to and during certification, the department may also require disclosure to parents of information known to the department involving any acts of the provider bearing on the provider's ability to safely care for children; and

(f) only legally certified providers may transport children while in their care.

(5) Legally certified providers are not eligible to be reimbursed for child care services provided while home schooling.

History: 52-2-704, MCA; IMP, 52-2-704, 52-2-713, 52-2-721, 52-2-722, 52-2-731, MCA; NEW, 2016 MAR p. 1711, Eff. 9/30/16.


 

 
MAR Notices Effective From Effective To History Notes
37-762 9/30/2016 Current History: 52-2-704, MCA; IMP, 52-2-704, 52-2-713, 52-2-721, 52-2-722, 52-2-731, MCA; NEW, 2016 MAR p. 1711, Eff. 9/30/16.
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