(1) Each child care agency must have a written personnel policy covering the following items: job qualifications, job descriptions, supervisory structure, salary schedules, fringe benefits, insurance, hours of work, and performance evaluations.

(2) Personnel records. Each child care agency must maintain a personnel file for each employee. The personnel file must contain: application for employment, reports from references, record of in-service training or other training acquired after the date of hiring, reports of health examinations, and periodic performance evaluation.

(3) General personnel qualifications.

(a) All child care staff of a child care agency must meet the following general qualifications:

(i) understand the purpose of the child care agency and be willing to carry out its policies and programs; and

(ii) meet the general requirements for child care staff set out in ARM 37.97.132 and any additional qualifications for the position established by these rules.

(4) In-Service training. Each child care staff member must complete 15 hours of in-service training each year, in an area directly related to the staff member's duties. This training must be documented in each staff member's personnel file. The training may include formal course work, workshop attendance, or the reading of appropriate literature.

(5) The facility shall have a policy governing emergency medical procedures. That policy shall be fully explained to child care staff persons prior to their beginning to care for children.

(6) The child care agency 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, aide, volunteer or other person having direct contact with the children in the facility shall conduct themselves in a manner which poses any potential threat to the health, safety and well being of the children in care.

(8) The personal references of all staff shall be verified by the child care agency.

(9) Any staff member whose behavior or health status endangers the residents shall not be allowed at the child care agency.

(10) Administration.

(a) A child care agency must designate an administrator to direct and manage the child care agency's work in all areas. The administrator's duties specifically include but are not limited to directing the care and services provided to children in care, personnel matters, and any other specific matters determined by the board of directors of the child care agency.

(b) An administrator must meet the following qualifications in addition to the general qualifications for child care staff:

(i) have a bachelor's degree supplemented with experience in an area relating to professional child care or appropriate graduate education;

(ii) have a thorough understanding of the purposes and programs of child care agencies in general; and

(iii) have general leadership, administrative, and management ability, including the ability to supervise child care personnel.

(11) Social services.

(a) Each child care agency must employ an adequate number of trained professionals to provide the following services for each child in care:

(i) to plan for a child's admission, coordinate the case plan and overall treatment plan, negotiate for the necessary resources for the child, and prepare the child for discharge and return to the family or other placement;

(ii) to serve as advocate for the child and liaison with the family, the referring party, and the community;

(iii) to prepare and maintain all required records and reports regarding the child;

(iv) to provide post-placement plans and services and to make the necessary referrals;

(v) to assist the child and staff to adjust to the child's placement; and

(vi) to record the child's reactions to the child care agency, school, other children, staff, and family, and to participate in staff discussion regarding progress and plans for the child.

(b) Those persons providing social services must meet the following qualifications in addition to the general qualifications for child care staff:

(i) have a bachelor's degree in a behavioral science and experience in areas related to child care or services; or

(ii) have a reasonable equivalent to the above.

(c) Maternity home staff, in addition to the above requirements, must employ an adequate number of trained professionals to provide the following services to residents:

(i) decision-making counseling to explore adoption and parenting options;

(ii) family systems counseling to explore parenting roles

and potential abuse issues; and

(iii) prenatal and parent training education.

(12) Education. If a child care agency conducts a formal education program for children in care, teachers must have the same minimum qualifications as comparable teachers in the public and private schools of Montana.