1. (1) The following individuals must provide satisfactory results of background checks prior to approval of any license or registration, or staff approval:

   1. (a) child care directors, owners, site directors, lead teachers, teachers, substitutes, trainees, support staff, and volunteers who have unsupervised contact with children; and

   2. (b) any adult residing in the child care facility, or other adult who regularly or frequently stays in the facility, unless care is being provided in the home of a child or children who belong to the same sibling group.

      1. (i) In the case of a FFN provider caring for children from more than one sibling group in a child's home, all adults residing in the home must have satisfactory results of a background check.

2. (2) The following background checks are required prior to working in a child care facility and annually thereafter, with the exception of national background checks, which are required every five years:

   1. (a) a fingerprint background check by the Montana Department of Justice (DOJ) and Federal Bureau of Investigation; and

   2. (b) the national Sexual Offender Registry from the National Criminal Information Center (NCIC);

      1. (i) fingerprints must be processed by a trained individual within a certified fingerprinting agency. Results will be transmitted electronically to the department by DOJ;
   3. (c) a check of the Montana Sex Offender Registry;
   4. (d) a child protective services check for Montana and any state where the individual has resided in the preceding five years; and
   5. (e) a name-based criminal records check for Montana and any state where the individual has resided in the preceding five years.

Authorizing statute(s): 52-2-704, MCA

Implementing statute(s): 52-2-703, 52-2-704, 52-2-713, 52-2-721, 52-2-722, 52-2-723, 52-2-731, MCA

History: NEW, 2025 MAR, 37-1044, Eff. 5/1/25.