This Montana rule establishes eligibility criteria and administrative procedures for state funding of residential alcohol and drug treatment for indigent juveniles (under age 18). To qualify, a juvenile must have been adjudicated or processed through the juvenile justice system, be determined indigent based on family income, be recommended for residential treatment by a certified chemical dependency counselor, and be placed in a facility approved by the Department of Corrections or licensed by DPHHS. Applications are submitted by the responsible social worker or probation officer, and benefits are available only once per eligible juvenile.
View official source37.25.101 RESIDENTIAL ALCOHOL AND DRUG TREATMENT FOR INDIGENT JUVENILES (1) The purpose of this rule is to establish eligibility criteria and rules for the administration of funds for residential alcohol and drug treatment for indigent juveniles. Authorizing statute(s): Sec. 41-3-1103 , MCA Implementing statute(s): Sec. 41-3-1103 , MCA History: NEW, 1985 MAR p. 1251, Eff. 8/30/85; TRANS, from Dept. of SRS, 1987 MAR p. 1492, Eff. 7/1/87; TRANS, from DFS, 1997 MAR p. 2295. 37.25.102 DEFINITIONS For purposes of this rule, the following definitions apply: (1) "Department" means the department of public health and human services. (2) "Indigent juvenile" means a person under the age of 18 whose family meets the eligibility criteria for indigency set forth in ARM 37.25.107 . (3) "Residential alcohol and drug treatment" means chemical dependency treatment provided in a hospital licensed by the department of public health and human services or an inpatient hospital care component or inpatient free standing component approved by the department pursuant to ARM Title 20, chapter 3, subchapter 2. (4) "Provider" means a residential alcohol and drug treatment facility. Authorizing statute(s): Sec. 41-3-1103 , MCA Implementing statute(s): Sec. 41-3-1103 , MCA History: NEW, 1985 MAR p. 1251, Eff. 8/30/85; TRANS, from Dept. of SRS, 1987 MAR p. 1492, Eff. 7/1/87; TRANS, from DFS, 1997 MAR p. 2295. 37.25.105 ELIGIBILITY FOR SERVICES (1) A juvenile will be eligible for residential alcohol and drug treatment payments if he meets the following eligibility criteria: (a) The juvenile has been adjudicated as a youth in need of care pursuant to Title 41, chapter 3, MCA, a youth in need of supervision or a delinquent youth pursuant to Title 41, chapter 5, MCA, or has admitted acts sufficient to adjudicate him a youth in need of supervison or a delinquent youth through the consent adjustment process pursuant to Title 41, chapter 5, part 4, MCA; and (b) The juvenile and his family are determined to be indigent by the department pursuant to the criteria set forth in ARM 37.25.107 ; and (c) The juvenile is in need of residential alcohol and drug treatment and has been evaluated by a chemical dependency counselor certified by the department of corrections who has recommended residential treatment for the juvenile; and (d) The juvenile will be treated in a residential alcohol and drug treatment facility approved by the department of corrections or licensed by the department of public health and human services. (2) Residential alcohol and drug treatment benefits provided under this rule are available only to those eligible juveniles who have not received such benefits previously. Authorizing statute(s): Sec. 41-3-1103 , MCA Implementing statute(s): Sec. 41-3-1103 , MCA History: NEW, 1985 MAR p. 1251, Eff. 8/30/85; TRANS, from Dept. of SRS, 1987 MAR p. 1492, Eff. 7/1/87; AMD, 1988 MAR p. 1891, Eff. 8/26/88; TRANS, from DFS, 1997 MAR p. 2295. 37.25.106 APPLICATION FOR SERVICES (1) An application for residential alcohol and drug treatment shall be submitted to the Department of Public Health and Human Services, Child and Family Services Division, Program Management Bureau, P.O. Box 202951, Helena, Montana 59620-2951 by the social worker or probation officer responsible for arranging the placement of the juvenile. Application must be made on the forms provided by the department. (2) The person making application must provide sufficient documentation to establish that the juvenile meets the eligibility criteria set forth in ARM 37.25.105 . Authorizing statute(s): Sec. 41-3-1103 , MCA Implementing statute(s): Sec. 41-3-1103 , MCA History: NEW, 1985 MAR p. 1251, Eff. 8/30/85; TRANS, from Dept. of SRS, 1987 MAR p. 1492, Eff. 7/1/87; TRANS, from DFS, 1997 MAR p. 2295. 37.25.107 DETERMINATION OF INDIGENCY (1) Any juvenile will be determined indigent if his parents' or guardians' income does not exceed the financial eligibility requirements for the aid to families with dependent children program which are set forth in ARM 46.10.401 through 46.10.403 , 46.10.406 , and 46.10.505 through 46.10.513 by more than 200%. (2) If the parents or guardians of the youth refuse to cooperate in establishing indigency, the social worker or probation officer may submit other verification or documentation which would be sufficient to document that the parents or guardians are indigent as defined in the previous paragraph. Authorizing statute(s): Sec. 41-3-1103 , MCA Implementing statute(s): Sec. 41-3-1103 , MCA History: NEW, 1985 MAR p. 1251, Eff. 8/30/85; TRANS, from Dept. of SRS, 1987 MAR p. 1492, Eff. 7/1/87; AMD, 1988 MAR p. 1891, Eff. 8/26/88; TRANS, from DFS, 1997 MAR p. 2295.