52-2-805. Requirements for licensure -- restrictions -- rulemaking.

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52-2-805 . Requirements for licensure -- restrictions -- rulemaking.

(1)The department shall require applicants and licensees:

(a)to submit a set of fingerprints for each person associated with the program who has direct access to program participants for the purpose of conducting a criminal and child protection background check by the Montana department of justice and the federal bureau of investigation. This background investigation must include information pertaining to criminal convictions, reports of domestic violence, and substantiated child abuse or neglect of children.

(b)to maintain and to provide verification of policies of insurance in a form and in an adequate amount as determined by rule.

(2)In developing minimum standards for licensed programs, the department shall adopt rules that pertain to ensuring the health and safety of program participants, including:

(a)a procedure for a licensed program to report the use of a medical, chemical, or physical restraint or seclusion to the department within 1 business day after the day on which the use of the medical, chemical, or physical restraint or seclusion occurs;

(b)guidelines for written policies and procedures of the licensed program, including policies and procedures on suicide prevention and for implementation of the requirements and restrictions in subsections

(3)and (4);

(c)a procedure for the department to review and approve the licensed program's policies and procedures; and

(d)a procedure for submitting a complaint about a licensed program to the department and law enforcement and a requirement that each licensed program publicly post information that describes how to submit a complaint about the licensed program to the department and law enforcement.

(3)A licensed program may not:

(a)use physical discipline or the threat of physical discipline as a punishment, deterrent, or incentive;

(b)deprive a youth of basic necessity or inherent right, including education;

(c)admit a youth who is under the age approved in the licensure or has a condition not allowed to be treated under the licensure; or

(d)sexually abuse, exploit, or harass an enrolled youth.

(4)A licensed program must:

(a)allow a parent or guardian to remove a youth from the licensed program; and

(b)unless otherwise prohibited by law or court order, facilitate weekly confidential video communication between a youth and the youth's parents, guardians, or foster parents.

(5)A licensed program shall provide a fixed number telephone to the child abuse hotline operated by the department that is readily available to enrolled participants 24 hours a day.