37.51.901    YOUTH FOSTER HOMES: ENVIRONMENTAL AND SAFETY REQUIREMENTS

(1) The foster home and its premises must be comparable to other residences of the community and neighborhood in which it is located.

(2) The home must be built or manufactured for the purpose of full-time residency.

(3) Every interior door must be designed to permit the opening of the locked door from the outside in an emergency.

(4) Protective plugs must be installed on electrical outlets in all homes occupied by foster children under five years of age.

(5) The foster parents shall keep the home clean and in good repair and the premises free from objects, materials, and conditions that constitute a danger to the occupants.

(6) Foster parents shall protect any foster child from any environmental danger or other hazard on the foster care property that the foster parent is aware of and that could affect the health, welfare, or safety of children in care. The foster parent must notify the licensing worker of any existing concern.

(7) All foster homes must be equipped with, or provide access to, a landline or cellular telephone. Telephone numbers of the placing agency, hospital, police department, fire department, ambulance, and poison control center must be posted in a place visible to a child in placement.

(8) The foster home must have an adequate and safe sewage disposal system.

(9) If the home's water supply is not from a municipal system, a foster parent must arrange to, at a minimum, have a basic screen water test conducted at least annually through the Department of Public Health and Human Services, Public Health and Safety Division, Laboratory Services Bureau, Environmental Laboratory Section, Cogswell Building, 1400 Broadway, Room B-204, Helena, MT 59620 to ensure that the water supply remains safe for human consumption. Documentation of the test results must be provided to the licensing worker. If a home's water supply is obtained from an approved source, but the water is stored in a cistern, it is recommended that a basic screen water test be conducted each time the water is replaced and the results provided to the licensing worker.

(10) Children may not be knowingly exposed to unsafe levels of lead as determined by the Environmental Protection Agency.

(11) Cleaning materials, flammable liquids, detergents, aerosol products, and other poisonous and toxic materials must be kept in their original containers or be clearly labeled with both symbols and words indicating that the contents are hazardous. Such substances must be kept in a place inaccessible to children and shall be childproofed, if possible, and be used in such a way that will not contaminate play surfaces, food, food preparation areas, or constitute a hazard to the children.

(12) Any pet or animal present at the home with the foster parents' permission must not pose a threat to the safety or well being of any child placed in the home.

(a) Any pet or animal present at the home with a foster parent's permission must be vaccinated in accordance with local laws.

(b) Documentation provided by a veterinarian verifying that any pet or animal belonging to a foster parent and present at the home is in good health must be provided to the department upon request.

(c) Foster parents are responsible for their negligent actions and for any resulting injuries that may be caused by any animal allowed in or around the foster home.

(13) Foster parents shall keep guns and ammunition in locked storage with guns stored separately from ammunition. Guns kept in vehicles must be locked in the glove compartment or gun rack, must be unloaded, and ammunition must be kept locked in a separate location in the vehicle.

(14) Any outdoor play area must be maintained hazard free. If any part of the play area is adjacent to a well, machinery, road, drainage ditch, holes, or other hazardous areas, the play area must be enclosed with fencing or natural barriers when preschool children are in placement to restrict the children from these areas.

(15) Outdoor equipment, such as climbing apparatus, slides, swings, and trampolines, must be anchored firmly and placed in a safe location. A responsible adult must be present and directly observing any activity of a foster child on a trampoline at all times.

(16) Foster parents shall make swimming and wading pools, swimming areas, and hot tubs inaccessible to children except when directly supervised by a responsible adult.

History: 52-1-103, 52-2-111, 52-2-601, 52-2-621, 52-2-622, MCA; IMP, 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, 2021 MAR p. 1233, Eff. 9/25/21; AMD, 2024 MAR p. 1390, Eff. 6/8/24.