37.51.216    YOUTH FOSTER HOMES: NEGATIVE LICENSING ACTION

(1) The department, through written notice to the applicant, licensee, or potential emergency placement, will deny or revoke a license or emergency placement upon finding that the applicant, licensee, emergency placement, or any household member has a conviction for any of the following types of crimes:

(a) felony crimes involving violence, including homicide, felony partner-family member assault, rape, sexual assault, human trafficking, robbery, burglary, kidnapping, animal cruelty, arson and aggravated assault, or convictions requiring registration on a sexual or violent offender registry;

(b) felony and misdemeanor crimes against children such as child abuse or neglect, endangering the welfare of a child, incest, child sexual abuse, ritual abuse of a minor, child pornography, child prostitution, internet crimes involving children, and unlawful transactions with children;

(c) if within the previous five years, a felony conviction for a drug related offense, including the use, distribution, or possession of controlled substances, criminal possession of precursors to dangerous drugs, criminal manufacture of dangerous drugs, criminal possession, manufacture, or delivery of drug paraphernalia, or driving under the influence of alcohol or other drugs;

(d) if within the previous five years, a conviction for other crimes such as misdemeanor assault and battery, including misdemeanor partner-family member assault; or

(e) felony and misdemeanor crimes against older persons or developmentally disabled persons, including abuse, sexual abuse, neglect, or exploitation.

(2) The department, through written notice to the applicant or licensee, may deny, suspend, restrict, or revoke a license upon a finding that:

(a) the foster home is not in compliance with fire safety standards;

(b) the foster home, a foster parent, or any household member, is not in compliance with any other licensing requirements;

(c) a foster parent has made any material misrepresentations to the department, either negligent or intentional, including an omission of information the foster parent is obligated to disclose to the department, regarding any aspect of the foster home;

(d) a foster parent has failed to use the foster care payments for the support of the foster child;

(e) a foster parent or other household member has been named as the perpetrator of child abuse or neglect in a substantiated report or their child has been placed in out of home care by the department;

(f) a foster parent failed to report an incident of suspected child abuse or neglect of any child to the department as required by 41-3-201, MCA, within 24 hours of receiving information pertaining to the incident;

(g) results of a psychological or medical examination provide reasonable grounds for the department to believe that the foster parent is not an appropriate caretaker for a child;

(h) a foster parent or anyone living in the foster home may pose any risk or threat to the safety or welfare of a child placed in the foster home; or

(i) a foster parent has failed to protect the health, welfare, or safety of a child or the foster home presents a threat to the health, welfare, or safety of a child.

 

History: 52-1-103, 52-2-111, 52-2-601, 52-2-621, 52-2-622, MCA; IMP, 2-4-631, 52-1-103, 52-2-111, 52-2-601, 52-2-621, 52-2-622, MCA; NEW, 2006 MAR p. 1395, Eff. 6/2/06; AMD, 2015 MAR p. 306, Eff. 3/27/15; AMD, 2021 MAR p. 1233, Eff. 9/25/21; AMD, 2024 MAR p. 1390, Eff. 6/8/24.