(1) ARM Title 37, chapter 37, subchapter 1 applies to services that the department, in its discretion, elects to provide to a youth through a contract between the provider and the department outside the Montana Medicaid program provided under ARM Title 46, chapter 12 or the mental health services plan provided under ARM Title 46, chapter 20. This subchapter does not entitle a youth to any of the services described in this subchapter.

(2) Participation of therapeutic family care agencies and treatment families in the department's program for therapeutic family care depends on compliance with applicable licensing and program requirements. Participation is limited to agencies and families with which the department, in it discretion, has entered into a written contract.