1. (1) The program must have a written program participant rights policy that supports and protects the fundamental human, civil, constitutional, and statutory rights of all program participants. These rights must include:

   1. (a) to be treated with dignity and respect;
   2. (b) freedom from abuse, neglect, exploitation, harassment, and unnecessary physical restraint;
   3. (c) freedom from corporal, cruel, harsh, or unnecessary punishment, name calling, infliction of pain, or excessive physical exercise;
   4. (d) to adequate food, water, clothing, school supplies, and personal hygiene supplies;
   5. (e) to receive care and services according to individual need;
   6. (f) to educational services in accordance with Montana state law, if the program operates during the school year;
   7. (g) freedom from discrimination;
   8. (h) to a safe environment with respect for human dignity;
   9. (i) to the protection of the privacy of information and records regarding each program participant and the participant's family;
   10. (j) to communication and visitation privileges with family in person, by mail, or by phone;
   11. (k) to be allowed to contact the Montana abuse reporting hotline to report allegations of abuse and neglect;
   12. (l) to submit complaints and alleged violations of these rules, including a prohibition on retaliation against a program participant for submitting such a complaint;
   13. (m) to personal privacy, when it is not contrary to the treatment and safety needs of the program participant; and
   14. (n) for consideration of the program participant's opinions and recommendations when developing the case plan.

2. (2) A program is prohibited from:

   1. (a) using physical discipline or the threat of physical discipline as a punishment, deterrent, or incentive;
   2. (b) unlawfully depriving a program participant of a basic necessity or a fundamental right, including education;
   3. (c) admitting a program participant who is under the age approved on the license or has a condition that the program is not authorized to treat pursuant to the program's admission policy;
   4. (d) using medical, chemical, or mechanical restraints;
   5. (e) using physical restraints, except in emergency circumstances to ensure the immediate physical safety of the program participant, a staff member, or others, when less restrictive interventions have been determined to be ineffective;
   6. (f) using a licensure candidate to provide mental health professional services if the parent/legal guardian of a program participant has not provided written consent;
   7. (g) using seclusion; and
   8. (h) sexually abusing, exploiting, or harassing a program participant.

3. (3) The program must review the program participant rights policy with the program participant and parent/legal guardian at the time of admission.

   1. (a) The program staff reviewing the policy, the program participant, and parent/legal guardian of the program participant must sign a statement acknowledging the review.
   2. (b) The signed statement must be maintained in the program participant's file.
4. (4) The program must have a written grievance policy which outlines the procedures to be followed by a program participant or parent/legal guardian in presenting a grievance to the program.

5. (5) The program must review the grievance policy with the program participant and parent/legal guardian at the time of admission.

   1. (a) The program staff reviewing the policy, the program participant, and parent/legal guardian of the program participant must sign a statement acknowledging the review.
   2. (b) The signed statement must be maintained in the program participant's file.
6. (6) Any written grievance report must be maintained in the program participant's file. The report must include the nature of the complaint, the date of the complaint, and a statement indicating how the issue was resolved.

Authorizing statute(s): 52-2-803, 52-2-805, MCA

Implementing statute(s): 52-2-803, 52-2-805, 52-2-809, MCA

History: NEW, 2019 MAR p. 2029, Eff. 11/9/19; AMD, 2024 MAR p. 2155, Eff. 9/7/24.