(1) A resident shall have access to and use of his or her personal funds. Exceptions shall be subject to provisions of the resident's assessment plan.

(2) A licensee may handle a resident's finances only if no other responsible person is available and willing to do so.

(a) The maximum value of money and valuables a licensee shall accept for safekeeping shall not exceed $100.00 per resident.

(b) Resident's funds shall be kept separate and apart from all funds and monies of the licensee and treated as a trust obligation of the licensee.

(3) The foster parent is responsible for maintaining a written record of each resident's personal property and personal financial transactions, except for those residents who are capable of handling their own financial affairs or those residents whose financial affairs are handled by a relative, guardian or conservator.

(4) The licensee shall keep a current monthly record of the income and source of income and expenses for each resident except those residents who are capable of handling their own financial affairs.

(a) The licensee shall insure that the resident's personal money and personal property is not appropriated or misused by any person. Any unethical use of a resident's money or property by another shall be reported to the department or its local affiliate pursuant to 53-5-511 , MCA.

(5) Transactions prohibited:

(a) A member or employee of a foster family shall not borrow money, property or other valuables from a resident.

(b) Sales or other financial transactions between a resident and a member or employee of the foster family are prohibited.