Admin. R. Mont. 37.27.119
Individual Outpatient Treatment and Prevention Providers, Abuse or Neglect Requirements
Effective Sep 24, 2022Authorizing statute(s): 53-24-204, MCA; Implementing statute(s): 41-3-102, 41-3-201, 52-3-803, 52-3-811, 53-24-208, MCAState of Montana
(1) Programs approved under ARM 37.27.105 and 37.27.107 providing treatment (including early intervention) must have a policy that:
- (a) clearly defines child abuse and neglect as defined in 41-3-102, MCA;
- (b) clearly defines abuse, neglect, and exploitation of an older person or a person with a developmental disability as defined in 52-3-803 MCA;
- (c) outlines the provider's responsibility to report all known or suspected incidents of abuse, neglect, or exploitation of any client within 24 hours; and
- (d) addresses handling of suspected or validated incidents of abuse, neglect, or exploitation.
- (2) Any provider who knows or has reasonable cause to suspect an incident of child abuse or neglect has occurred must make a report within 24 hours of the incident to the state child abuse hotline (866) 820-5437 as required in 41-3-201, MCA.
- (3) Any provider who knows or has reasonable cause to suspect an incident of abuse, neglect, or exploitation of a vulnerable adult has occurred must make a report within 24 hours of the incident to Adult Protective Services or other bodies as required in 52-3-811, MCA.
- (4) In addition to reporting requirements in (2) and (3), the provider must also make a report to the department in writing within 24 hours of any allegations of client abuse, neglect, or exploitation within the program.
- (5) The program must document, in writing, that the proper authorities have been contacted and the abuse, neglect, or exploitation has been reported.
- (6) The provider must fully cooperate with any investigation conducted because of the report.
Authorizing statute(s): 53-24-204, MCA
Implementing statute(s): 41-3-102, 41-3-201, 52-3-803, 52-3-811, 53-24-208, MCA
History: NEW, 2022 MAR p. 1889, Eff. 9/24/22.