(1) The following definitions apply to all youth care facility licensing rules:

(a) Except in regard to age requirements under Montana medicaid programs which allow for participation of youth up to the age of 21 years, "child" or "youth" means any person under the age of 18 years, without regard to sex or emancipation.

(b) "Substitute care" means full-time care of youth in a residential setting for the purpose of providing food, shelter, security and safety, guidance, direction, and, if necessary, treatment to youth who are removed from or who are without the care and supervision of their parents or guardian.

(c) "Youth care facility" (YCF) means a licensed facility in which substitute care is provided to youth and includes youth foster homes, youth group homes, youth shelter care facilities, therapeutic youth group homes, and child care agencies.

(d) "Youth foster home" or "foster care home" or "boarding home" means a YCF in which substitute care is provided to one to six children or youth to whom the foster parents are not related by blood, marriage, adoption or wardship.

(e) "Youth group home" means a YCF in which substitute care is provided to seven to 12 children or youth.

(f) "Child care agency" means any YCF in which substitute care is provided to 13 or more children.

(g) "Youth shelter care facility" means a YCF which regularly receives children under temporary conditions until the court, probation office, the department, or other appropriate social agency has made other provisions for their care.

(h) "Maternity home" means a YCF which provides for the care and maintenance of minor girls and adult women during pregnancy, childbirth, and postnatal periods. A maternity home must meet the licensing requirements of a child care agency regardless of the number of residents served.

(i) "Child care staff" means YCF personnel who directly participate in the care, supervision and guidance of children in a YCF.

(j) "Houseparent" means a staff member whose primary responsibility is the day-to-day care of children in a youth group home.

(k) "Foster parent" means a person responsible for the day-to-day care, supervision and guidance of children in a youth foster home.

(l) "Department" means department of public health and human services.

(m) "Time-out" means the placement of a child for a period of less than 30 minutes in an unlocked room.

(n) "Restraint" means the extraordinary restriction of a child's freedom or freedom of movement.

(o) "Passive physical restraint" means the least amount of direct physical contact required by a staff member using approved methods of making such physical contact to restrain a child from harming self or others.

(p) "Child/staff ratio" means number of children in care per each on-duty child care staff member.

(2) The following definitions apply only to child care agencies which operate an approved residential treatment center:

(a) "Residential treatment center" means a unit or facility of a child care agency that treats children who are seriously disturbed either mentally, emotionally or behaviorally. In addition to the child care agency rules, such unit or facility must meet the licensing requirements contained in ARM 37.97.250, 37.97.253, 37.97.254, 37.97.257, 37.97.258 and 37.97.259.

(b) "Seclusion" means isolation of a child in a locked room. Seclusion may be used to protect the child, other children, and staff and to give the child the opportunity to regain control of his or her behavior and emotions by providing definite external boundaries and decreased stimulation.

(c) "Chemical restraint" means the use of psychotropic medication to subdue, inhibit, confine or control a child's behavior.

(d) "Mechanical restraint" means the restriction by mechanical means of a child's mobility and/or ability to use his/her hands, arms or legs.

(3) Additional definitions for youth care facilities licensed as therapeutic youth group homes are found in ARM 11.13.101.

(4) The following definitions apply only to youth shelter care facilities:

(a) "Pat down search" means a body search done outside of a youth's clothing with the intention of locating suspected contraband.

(b) "Personal property search" means a search which involves going through a youth's personal property and/or room including closet, bed, desk, dresser drawers, etc., with the intention of looking for contraband.

(c) "Correspondence search" means opening, inspecting and/or reading a youth's mail or inspecting the contents of a package.