This regulation sets program requirements for therapeutic treatment, social services, care and guidance, nutrition, personal needs, education, recreation, and youth rights for residential programs serving youth in Montana. Operators must provide weekly individual and group therapy sessions led by licensed mental health professionals, maintain placement agreements with placing agencies, and ensure youth receive orientation, appropriate education, and personal care. The chapter context (including sections on residential outdoor services, high adventure, and expedition requirements) indicates this governs therapeutic wilderness or outdoor residential programs for youth licensed under MCA 50-5-220.
View official source37.98.1201 THERAPEUTIC TREATMENT PROGRAM (1) A program shall provide therapeutic treatment to youth. (2) A program shall appoint one or more lead clinical staff (LCS) members from the licensed mental health professionals of the program as professional staff. (3) Each LCS shall be responsible for no more than 16 youth. (4) The LCS must oversee all therapeutic treatment needs for the youth which at a minimum shall consist of: (a) one individual treatment session per week per youth; (b) two group treatment sessions per week per youth; (c) one treatment team meeting per week per youth; and (d) family therapy when appropriate. 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. 37.98.1202 SOCIAL SERVICES (1) A program shall employ an adequate number of trained professionals to provide the following services for each youth in care: (a) plan for a youth's admission, coordinate the case plan, negotiate for the necessary resources for the youth, and prepare the youth for discharge and return to the family or other placement; (b) serve as advocate for the youth and liaison with the family, the referring party and the community; (c) prepare and maintain all required records and reports regarding the youth; (d) provide post-placement plans and services and make the necessary referrals; (e) assist the youth and staff to adjust to the youth's placement; and (f) record the youth's reactions to the program, school, other youth, staff and family, and participate in staff discussion regarding progress and plans for the youth. (2) Those persons providing social services shall meet the following qualifications in addition to the general qualifications for direct care staff: (a) have a bachelors degree in a behavioral science and experience in areas related to youth care or services; (b) have two years of equivalent social services experience for each year of college education; or (c) have an equivalent educational background with development of the necessary skills in social services. 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. 37.98.1203 CARE AND GUIDANCE (1) A program shall provide to each youth in the program the following: (a) appropriate personal care, supervision and attention; (b) opportunities for educational, social and cultural growth through suitable reading materials, toys, activities and equipment; and (c) opportunities to associate with peer groups in school and community settings. (2) A program shall ensure the following practices: (a) cooperation with the placing agency and participation in case conferences; and (b) cooperation with the placing agency in arranging for contact with each youth's own family when appropriate. 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. 37.98.1204 NUTRITION (1) A program shall serve three regular, well balanced meals per day and snacks. The meals and snacks must be appropriate to the nutritional needs of the youth and must include the four basic food group requirements. (2) Special diets must be provided for youths as ordered in writing by a licensed health care professional. Such orders must be kept on file by the program. (3) Copies of menus of the food actually served must be kept on file for one month and must be available for inspection. (4) All food must be transported, stored, covered, prepared and served in a sanitary manner. (5) Use of home canned products is prohibited unless the product has been commercially approved. (6) Hands must be washed with warm water and soap before the handling of food. Hand sanitizer gels may be used in lieu of washing hands with soap and water. 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. 37.98.1208 RELIGION AND CULTURE (1) The program shall provide youth with a reasonable opportunity to practice their respective religions. Youth must be permitted to have religious materials of their choice. (2) The program shall document giving encouragement and opportunity to each youth to identify with his or her cultural heritage. 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. 37.98.1209 PERSONAL NEEDS (1) The program shall assure that each youth has his or her own clothing suitable to the youth's age and size and comparable to the clothing of other youth in the community. (2) Youth must have some choice in the selection of their clothing. (3) A program shall provide necessary supplies and train youth in personal care, hygiene and grooming. 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. 37.98.1210 PRIVACY AND INDIVIDUALISM (1) A program shall allow youth to have privacy. (2) A program shall provide a separate bed, separate storage space for clothing and personal articles, and a place for each youth to display his or her socially appropriate creative works and symbols of identity. (3) Each youth must be provided with access to a quiet area where he or she can be alone when appropriate. 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. 37.98.1215 MONEY (1) Money earned by a youth or received as a gift or allowance must be part of the youth's personal property and accounted for separately from the program funds. (2) If the program is partly supported by institutional production on a commercial basis, compliance with state and federal child labor laws and minimum wage laws must be assured. 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. 37.98.1216 TRAINING AND EMPLOYMENT (1) For youth age 16 and older a program may assist in: (a) preparing youth for economic independence; and (b) obtaining the skills necessary for employment as determined to be appropriate to meet the individual's needs. Such skills include: (i) completing applications; (ii) personal appearances for employment situations; (iii) attitudes toward employment; and (iv) interviewing for jobs. (2) A program shall distinguish between tasks which youth are expected to perform as part of living together, jobs to earn spending money and jobs performed for vocational training. Youth in care may not be used as employees of the program without prior approval of the department. (3) Youth may be given an age appropriate, non-vocational work assignment within the youth's capabilities as a constructive experience. The work assignment must be in compliance with all state and federal labor laws. 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. 37.98.1220 YOUTH ORIENTATION (1) A program shall have a written orientation policy for admission to the program including: (a) a procedure for ensuring that each youth receives a personal orientation to the program as soon as appropriate but not later than 12 hours after admission; (b) inventory of each youth's belongings; (c) behavioral expectations; (d) information on privilege systems; (e) health and safety procedures; (f) program rules; (g) information on intrusive measures; and (h) emergency evacuation procedures, including escape routes. (2) Documentation that is signed by both the youth and the staff person(s) conducting the orientation must be placed in the youth's file. 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. 37.98.1221 PLACEMENT AGREEMENTS (1) When a youth is admitted to a program, the program shall enter into a written placement agreement with the placing agency. (2) The placement agreement must set forth the terms of the youth's placement, the responsibilities of the program, the placing agency's responsibilities and, when appropriate, the parent's responsibilities. (3) No youth from out-of-state shall be accepted into the program without the approval of the interstate compact administrator pursuant to 41-4-101 through 41-4-109 , MCA. 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. 37.98.1225 EDUCATION (1) A program shall provide an educational program appropriate to the needs of each youth and in compliance with compulsory school attendance laws. However, no youth shall receive special education services until a child study team (CST) has performed an appropriate comprehensive assessment which yields evidence that the youth has learning and/or behavioral problems requiring a specialized service not offered by the regular school program. Any youth who is receiving special educational services must have an individualized education program (IEP) in accordance with ARM 10.16.3340 . 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. 37.98.1226 RECREATION (1) The program may have an on grounds recreation program that is operated by the program's staff. However, when available, the program shall provide the youth access to community recreation and cultural events when they are appropriate to the youth's needs, interests and abilities. 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.