ARM 37.98.4

ARM 37.98.4 Staff Provisions

This section establishes staff requirements for Montana-licensed outdoor youth residential programs, including administrator qualifications, personnel policies, professional staff credentials, field director qualifications, background check requirements, staff training minimums (40 hours initial, 20 hours annual), and youth-to-staff ratios. Operators must ensure all direct care staff complete documented training before counting in ratios, maintain personnel records, and conduct criminal and child protective services background checks on all staff, volunteers, and interns. The chapter governs residential outdoor therapeutic programs serving youth with behavioral or chemical dependency issues.

37.98.401
 ADMINISTRATOR QUALIFICATIONS 

(1)
 
Each program shall employ an administrator. The administrator is responsible for operation of the program at all times and shall ensure 24-hour supervision of the residents. The program administrator is the person ultimately responsible for ensuring that the program is in compliance with applicable licensing rules and ensuring that staff are familiar with and comply with all program policies and procedures. 

(2)
 
The administrator shall meet, at a minimum, the following qualifications: 

(a)
 
a bachelors degree in a relevant discipline; 

(b)
 
two years experience working with youth and two years experience in staff supervision and administration; 

(c)
 
completion of initial staff training; and 

(d)
 
have evidence of at least 16 contact hours of annual continuing education relevant to the individual's duties and responsibilities as administrator of the program. 

(3)
 
A staff member must be designated to oversee the operation of the facility during the administrator's absence. The administrator or designee shall be in charge, on call and physically available on a daily basis as needed, and shall ensure there are sufficient, qualified staff so that the care, well being, health and safety needs of the residents are met at all times. 

(a)
 
A designee shall: 

(i)
 
be age 18 or older; and 

(ii)
 
have demonstrated competencies required to assure protection of the safety and physical, mental and emotional health of the residents. 

Authorizing statute(s):
 Sec. 
50-5-220
, MCA

Implementing statute(s):
 Sec. 
50-5-220
, MCA

History: 
NEW, 2004 MAR p. 1960, Eff. 8/6/04.

37.98.403
 STAFF 

(1)
 
A program shall have written personnel policies covering the following items: 

(a)
 
job qualifications; 

(b)
 
job descriptions; 

(c)
 
supervisory structure; 

(d)
 
fringe benefits; 

(e)
 
insurance; 

(f)
 
hours of work; and 

(g)
 
performance evaluations. 

(2)
 
A program shall maintain records for each employee regarding the following: 

(a)
 
application for employment; 

(b)
 
reports from references; 

(c)
 
record of orientation and ongoing training; 

(d)
 
reports of health examinations; 

(e)
 
periodic performance evaluations; 

(f)
 
copy of current licenses and certifications; and 

(g)
 
any other employee records required by this subchapter. 

(3)
 
All program staff shall meet the following general qualifications: 

(a)
 
understand the purpose of the program and be willing to carry out its policies and programs; 

(b)
 
be physically, mentally, and emotionally competent to care for youth; and 

(c)
 
be in good general health. 

(4)
 
New employees must receive orientation and training in areas relevant to the employee's duties and responsibilities, including: 

(a)
 
an overview of the facility's policies and procedures manual in areas relevant to the employee's job responsibilities; 

(b)
 
a review of the employee's job description; 

(c)
 
services provided by the facility; and 

(d)
 
youth rights as discussed in ARM 
37.98.702
. 

(5)
 
A "personal statement of health for licensure form" provided by the department must be completed for each person subject to the requirements of this rule. The form must be submitted to the department with the initial application for licensure and annually thereafter. The "personal statement of health for licensure form" is available at Department of Public Health and Human Services, Quality Assurance Division, Licensure Bureau, 2401 Colonial Drive, P.O. Box 202953, Helena, MT 59620-2953. 

(6)
 
The program shall employ, train and supervise an adequate number of staff necessary to ensure proper care, treatment and safety of the residents. 

(7)
 
No staff member, intern, volunteer or other person having direct contact with the youth in the program shall conduct themselves in a manner which poses any potential threat to the health, safety or well being of the youth in care. 

(8)
 
Any staff member, intern, volunteer or other person having direct contact with the youth whose behavior or health status endangers the residents may not be allowed at the program. 

(9)
 
The personal references of all staff must be verified and documented in writing. 

(10)
 
Program volunteers and interns shall: 

(a)
 
be provided orientation and initial training procedures. The training must include orientation on all program policies and procedures; 

(b)
 
follow written policies and procedures developed by the program defining the responsibilities, limitations and supervision of volunteers and interns; 

(c)
 
not be included in the staff to youth ratios; and 

(d)
 
be under the direct and constant supervision of program staff. 

Authorizing statute(s):
 Sec. 
50-5-220
, MCA

Implementing statute(s):
 Sec. 
50-5-220
, MCA

History: 
NEW, 2004 MAR p. 1960, Eff. 8/6/04.

37.98.404
 PROGRAM PROFESSIONAL STAFF AND QUALIFICATIONS 

(1)
 
Each program shall employ or contract with professionals to serve as program professional staff members. Program professional staff members must have knowledge of the physical and emotional demands of the program and provide professional services including, but not limited to: 

(a)
 
admission evaluations; 

(b)
 
case plan development; 

(c)
 
assessments; 

(d)
 
treatment; and 

(e)
 
rehabilitation. 

(2)
 
At a minimum, each program professional staff must consist of: 

(a)
 
a licensed health care professional; 

(b)
 
a licensed mental health professional who may be either a licensed clinical psychologist, a licensed clinical social worker or a licensed clinical professional counselor; and 

(c)
 
a licensed addiction counselor if the program is treating youth for chemical dependency. 

Authorizing statute(s):
 Sec. 
50-5-220
, MCA

Implementing statute(s):
 Sec. 
50-5-220
, MCA

History: 
NEW, 2004 MAR p. 1960, Eff. 8/6/04.

37.98.405
 PROGRAM EXPEDITION FIELD DIRECTOR QUALIFICATIONS 

(1)
 
The staff of each program expedition must include a field director. 

(2)
 
The field director shall be primarily responsible for: 

(a)
 
the quality of the field activities; 

(b)
 
coordinating field operations; 

(c)
 
supervising direct care staff; 

(d)
 
managing the field office; 

(e)
 
ensuring compliance with applicable licensing rules; and 

(f)
 
ensuring that staff members are familiar with all program policies and procedures. 

(3)
 
The field director shall meet, at a minimum, the following qualifications: 

(a)
 
a bachelors degree in a relevant discipline and a minimum of 30 semester or 45 quarter hours of education in recreational therapy or in a related field, or one year outdoor youth program field experience; 

(b)
 
a minimum of 40 24-hour field days of program experience or equivalent experience in outdoor programs documented in the individual's personnel file; 

(c)
 
be capable of preparing reports required by this subchapter, documenting interactions of youth and staff, and ensuring compliance with applicable licensing rules; 

(d)
 
hold a first response license or equivalent and have additional wilderness first responder training; and 

(e)
 
completion of an initial staff training. 

(4)
 
If qualified, the administrator may serve as field director. 

(5)
 
Each program shall have a senior field staff member working directly with each group of program youths. Each senior field staff member shall meet the following minimum qualifications: 

(a)
 
be at least 22 years of age; 

(b)
 
have an associate degree or high school diploma with 30 semesters or 45 quarter hours education and training or comparable experience and training in a field related to recreation and adventure activities; 

(c)
 
have six months, or 130 24-hour field days of outdoor youth program field experience or comparable experience serving youth with behavior problems that endanger the youth's health, interpersonal relationships, or educational functioning. Such experience must be documented in the individual's personnel file; 

(d)
 
hold a wilderness first responder license or equivalent and have additional wilderness first responder training; and 

(e)
 
have completed initial staff training. 

(6)
 
Field staff working directly with the youth shall meet, at a minimum, the following qualifications: 

(a)
 
be at least 22 years of age; 

(b)
 
have a high school diploma or equivalent; 

(c)
 
have completed initial staff training; and 

(d)
 
be certified in CPR annually and currently certified in first aid. 

Authorizing statute(s):
 Sec. 
50-5-220
, MCA

Implementing statute(s):
 Sec. 
50-5-220
, MCA

History: 
NEW, 2004 MAR p. 1960, Eff. 8/6/04.

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; 

(ii)
 
spousal abuse; 

(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: 

(i)
 
physical assault; 

(ii)
 
battery; or 

(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. 

Authorizing statute(s):
 Sec. 
50-5-220
, MCA

Implementing statute(s):
 Sec. 
50-5-220
, MCA

History: 
NEW, 2004 MAR p. 1960, Eff. 8/6/04.

37.98.411
 STAFF TRAINING 

(1)
 
A program shall have written policies, procedures and training curriculum regarding minimum requirements for initial and ongoing training. 

(2)
 
All direct care staff shall complete a minimum of 40 hours of initial staff training. 

(3)
 
Initial staff training must consist of the following minimum requirements: 

(a)
 
the program's policy, procedures, organization and services; 

(b)
 
mandatory child abuse reporting laws; 

(c)
 
crisis intervention methodologies; 

(d)
 
fire safety, including emergency evacuation routes; 

(e)
 
confidentiality; 

(f)
 
first aid and CPR; 

(g)
 
suicide prevention; 

(h)
 
report writing including the development and maintenance of logs and journals; and 

(i)
 
therapeutic de-escalation of crisis situations and passive physical restraint techniques to ensure the protection and safety of the youth and staff. Training must include the use of physical and non-physical methods of managing youth and must be updated, at least every 12 months, to ensure that necessary skills are maintained. 

(4)
 
Initial staff training shall be completed and documented before the staff person may count in the youth/staff ratio as specified in ARM 
37.98.415
 and 
37.98.1805
. 

(5)
 
The program shall provide ongoing training for staff to maintain certifications and improve proficiency in knowledge and skills. Training must be a minimum of 20 hours annually. 

(6)
 
All staff training must be documented and kept on file for each administrator, staff, intern and volunteer. 

Authorizing statute(s):
 Sec. 
50-5-220
, MCA

Implementing statute(s):
 Sec. 
50-5-220
, MCA

History: 
NEW, 2004 MAR p. 1960, Eff. 8/6/04.

37.98.415
 YOUTH/STAFF RATIOS 

(1)
 
A program shall maintain the following minimum staff ratios: 

(a)
 
Youth/staff ratio must be no more than 4:1 each day for a 15-hour period beginning at, or between, 7 a.m. and 7:30 a.m., (or beginning at, or between, some other reasonable morning half hour which is approximately 15 hours prior to the bedtime of the youth) , when youth are in care. 

(b)
 
Youth/staff ratio for residential outdoor services may not be more than 8:1 each night for a nine-hour period beginning no earlier than 15 hours from the time daytime staffing of 4:1 starts. Staff must be awake during the nine-hour period. 

(2)
 
A program must use the actual number of youth in care each day to compute the youth/staff ratio. 

(3)
 
The youth/staff ratio requirement for the expedition components of the program is contained in ARM 
37.98.1805
. 

Authorizing statute(s):
 Sec. 
50-5-220
, MCA

Implementing statute(s):
 Sec. 
50-5-220
, MCA

History: 
NEW, 2004 MAR p. 1960, Eff. 8/6/04.