37.100.165    ADULT FOSTER CARE HOMES (AFCH): GENERAL REQUIREMENTS FOR PROVIDERS AND STAFF

(1) Providers and staff must be at least 18 years of age or older.

(2) Providers and staff must be in good physical and mental health.

(3) An applicant, provider, staff, and each adult living in the AFCH must complete a "personal statement of health for licensure" form provided by the department. Forms must be submitted to the department with the initial application for licensure or application for license renewal.

(4) The department may request an evaluation of the applicant, provider, staff, or any person living in the home if there are grounds to believe they have engaged in behaviors which may place residents at risk of harm.

(5) An applicant, provider, staff, or any adult living in the home must complete a "release of information" form provided by the department to conduct a criminal, protective services, and, if applicable, a tribal criminal and protective services background check.

(6) No individual in the AFCH may pose a risk to the safety and well-being of the residents.

(7) A provider must maintain a current CPR/First-Aid Certification.

(a) Staff must obtain a current CPR/First-Aid Certification within 30 days of hire. Certification must be kept current.

(8) An AFCH must include at least one adult who lives in the home on a permanent basis and who is not engaged in employment outside the home. Exceptions may be granted by the department if there is adequate provision for alternative care.

(9) The provider and staff must:

(a) share information about the residents with the department and the resident's legal representation; and

(b) cooperate with any resident's practitioner in assisting the resident in following the practitioner's recommendations for the resident.

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; AMD, 1989 MAR p. 2207, Eff. 12/22/89; TRANS, from DFS, 1998 MAR p. 667; AMD, 2014 MAR p. 1098, Eff. 5/23/14.