Rule 37.98.406 - PROGRAM STAFF BACKGROUND CHECKS(1) The administrator, staff, volunteers and interns must have a state criminal, a child protective services/adult protective services and if applicable, a tribal criminal and child protective services background check conducted. (a) The department may not grant approval or licensure nor allow a license if the administrator, staff member, volunteer or intern has been convicted by a court of competent jurisdiction of a felony or misdemeanor involving: (i) child abuse or neglect;(iii) a crime against a child or children (including child pornography); or(iv) a crime involving violence, including rape, sexual assault or homicide, but not including other physical assault or battery.(b) The department shall not grant approval or licensure nor allow a license if any administrator, staff member, volunteer or intern has, within the last five years, been convicted by a court of competent jurisdiction of a felony or misdemeanor involving: (iii) a felony drug related offense.(2) The administrator, staff member, volunteer or intern who is charged with a crime involving children or physical or sexual violence against any person or any felony drug related offense and awaiting trial may not provide care or be present in the facility pending the outcome of the criminal proceeding.(3) No administrator, staff member, volunteer or intern shall have been named as a perpetrator: (a) in a substantiated report of child abuse or neglect;(b) in a report substantiating abuse or neglect of a person protected under the Montana Elder and Developmentally Disabled Abuse Prevention Act; or(c) of a person protected by a similar law in another jurisdiction.(4) No administrator, staff member, volunteer or intern shall be identified through a department licensing investigation to have negligently or intentionally violated a licensing regulation which results in child abuse or neglect.(5) The program is responsible for assuring that the persons covered by this subchapter have met these requirements before providing care.(6) No staff member, aide, volunteer or other person having direct contact with the youth in the facility shall pose any potential threat to the health, safety and well being of the youth in care.Mont. Admin. r. 37.98.406
NEW, 2004 MAR p. 1960, Eff. 8/6/04.Sec. 50-5-220, MCA; IMP, Sec. 50-5-220, MCA;