37.100.161    ADULT FOSTER CARE HOMES (AFCH): RESIDENT'S FUNDS

(1) Residents must have access to and use of their personal funds. Exceptions are subject to provisions of the resident's case plan.

(2) A provider may handle a resident's finances only if no other responsible person is available and willing to do so.

(a) The maximum value of money accepted by the provider for safekeeping must not exceed $100.00 per resident.

(b) A resident's funds must be kept separate and apart from all funds and monies of the provider and treated as a trust obligation of the provider.

(3) The provider is responsible for maintaining a written record of each resident's personal property and personal financial transactions, except for those residents who are capable of handling their own financial affairs or those residents whose financial affairs are handled by a relative, guardian, or conservator.

(4) A current monthly record of the income, source of income, and expenses for each resident, except those residents who are capable of handling their own financial affairs, must be maintained by the AFCH provider.

(a) The provider must ensure that the resident's personal money and personal property is not appropriated or misused by any person. Any unethical use of a resident's money or property by another must be reported to adult protective services pursuant to 52-3-811, MCA.

(5) Transactions prohibited:

(a) A provider, staff, or any person living in the home must not borrow money, property, or other valuables from a resident.

(b) Sales or other financial transactions between a provider, staff, or any person living in the home are prohibited.

History: 50-5-103, 50-5-215, MCA; IMP, 50-5-103, 50-5-215, MCA; NEW, 1985 MAR p. 289, Eff. 3/29/85; TRANS, from Dept. of SRS, 1987 MAR p. 1492, Eff. 7/1/87; TRANS, from DFS, 1998 MAR p. 667; AMD, 2014 MAR p. 1098, Eff. 5/23/14.