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37.95.161 CRIMINAL BACKGROUND CHECKS (Registration/License Process)

“1. A fingerprint background check by the Montana Department of Justice and Federal Bureau of Investigation is required prior to working in a child care facility and every five years thereafter. a. Fingerprints must be processed by a trained individual within a certified fingerprinting agency. Results will be transmitted electronically to the department by the Montana Department of Justice. b. Satisfactory results of background checks must be received prior to approval of any new application or staff approval. Unsatisfactory results are those crimes and offenses listed in ARM 27.95.173 and 37.95.176, or the adverse licensure actions described in ARM 37.95.175.”

37.95.169 IDENTIFYING AND PREVENTING SHAKEN BABY SYNDROME AND ABUSIVE HEAD TRAUMA (Facility Records)

“2. A child care facility must have a written policy on identifying and preventing shaken baby syndrome and abusive head trauma. a. The policy must include the following: how the child care facility will ensure all early childhood teachers and caregivers are knowledgeable about and able to recognize the signs and symptoms of shaken baby syndrome and abusive head trauma; b. procedures for coping with crying, fussing, or distraught infant or child; and c. mandatory reporting of suspected child abuse and neglect as defined in ARM 37.95.171;”

37.95.106 DAY CARE FACILITIES, REGISTRATION OR LICENSING (Registration/License Process)

“5. Applications for renewal shall be made by the provider at least 30 days prior to expiration of the license or registration certificate.”

37.95.623 CHILD CARE CENTERS: CHILD-TO-STAFF RATIOS (License)

“1. The child-to-staff ratio and maximum group size for a child care center are: a. 4:1 for children newborn through 23 months with a maximum group size of 12; b. 8:1 for children two years through three years with a maximum group size of 16; c. 10:1 for children four years with a maximum group size of 24; and d. 14:1 for five years and over with a maximum group size of 32.”

37.95.181 DAY CARE FACILITIES: MEDICATION ADMINISTRATION (Health Prevention)

“1. No day care employee, owner, or operator may administer any medication to a child without the written authorization of the parents including the child's name, date or dates for which the authorization is applicable, dosage instructions, and the signature of the child's parent or guardian.”

37.95.172 SUPERVISION AT ALL TIMES (Supervision)

“1. Caregivers must supervise children at all times.”

37.95.622 STAFFING QUALIFICATIONS (Facility Records)

“1. All staff members must: a. meet immunization requirements pursuant to ARM 37.95.184; b. have appropriate background checks pursuant to ARM 37.95.161; and c. sign a health attestation.”

37.95.623 CHILD CARE CENTERS: CHILD-TO-STAFF RATIOS (License)

“1. The child-to-staff ratio and maximum group size for a child care center are: a. 4:1 for children newborn through 23 months with a maximum group size of 12; b. 8:1 for children two years through three years with a maximum group size of 16; c. 10:1 for children four years with a maximum group size of 24; and d. 14:1 for five years and over with a maximum group size of 32.”

Facility Records

37.95.623 CHILD CARE CENTERS: CHILD-TO-STAFF RATIOS (License)

“1. The child-to-staff ratio and maximum group size for a child care center are: a. 4:1 for children newborn through 23 months with a maximum group size of 12; b. 8:1 for children two years through three years with a maximum group size of 16; c. 10:1 for children four years with a maximum group size of 24; and d. 14:1 for five years and over with a maximum group size of 32.”

37.95.1005 INFANT’S AND TODDLERS, SLEEPING (Sleeping)

“3. Each infant must be provided with a crib or play pen for sleeping. At the discretion of the parent and provider, a cot or mat may be used once a child turns one year of age as long as a safe sleep environment is provided. Children one year of age through 18 months who are placed on a mat must have a signed permission statement in the file indicating that the parent has given permission for their child to be placed on a mat. When cots and mats are used, an early childhood teacher must remain with the child while they are sleeping. a. Infants and toddlers must not be allowed to sleep in a car seat, infant swing, or other infant apparatus. b. Cot or mat surfaces may be of plastic or canvas or other material which can be cleaned with detergent solution and allowed to air dry”

37.95.182 DAY CARE FACILITIES: STORAGE AND ADMINISTRATION OF MEDICATION (Storage)

37.95.181 DAY CARE FACILITIES: MEDICATION ADMINISTRATION (Parent Information)

37.95.181 DAY CARE FACILITIES: MEDICATION ADMINISTRATION (Health Prevention)

“1. No day care employee, owner, or operator may administer any medication to a child without the written authorization of the parents including the child's name, date or dates for which the authorization is applicable, dosage instructions, and the signature of the child's parent or guardian.”

37.95.184 HEALTH HABITS (Facility Records)

“2. Every employee, volunteer, or resident at a day care facility must: c. Provide documentation of at least one dose of Tdap vaccine, and for all adults born in 1957 or after, one dose of MMR vaccine unless they have a medical contraindication to the vaccines or laboratory evidence of immunity to each of the three diseases.”

37.95.160 STAFF RECORDS (Facility Records)

“1. The director must maintain records regarding each staff member, according to their role type, which include: a. verification of CPR and first aid training; b. a copy of the release of information for background checks; c. health statement and contact information; and d. immunization records that establish compliance with ARM 37.95.184”

37.95.141 CHILDREN’S RECORDS (Child File Review)

37.95.140 IMMUNIZATION (Child File Review)

“1. Before a child may attend a Montana day care facility, that facility must be provided with the documentation required by (5) that the child has been immunized as required for the child's age group against measles, rubella, mumps, poliomyelitis, diphtheria, pertussis (whooping cough), tetanus, varicella, hepatitis B, pneumococcal, and Haemophilus influenza type B, unless the child qualifies for conditional attendance in accordance with (7):”

37.95.124 Fire Safety Requirements (Facility Records)

“4. All emergency drills must be documented and include the following minimum information: a. who conducted the drill; b. date and time of drill; c. the number of adults and children present during the drill; d. the length of time to evacuate; and e. problems identified during the drill and corrective actions.”

37.95.128 DOCUMENTATION OF THE ABSENCE OF UNUSUAL HEALTH RISKS FOR CHILDREN UNDER AGE TWO (Child File Review)

“1. A day care facility must have on file a health record form, provided by the department, concerning any special health risks that would affect other children. This must be obtained and kept on file by the provider prior to residence or enrollment of any child under age two at the day care facility. The health record form must be signed by: a. a physician licensed to practice medicine in Montana pursuant to Title 37, chapter 3, MCA; or b. a physician assistant-certified licensed to practice in Montana and practicing under a utilization plan approved by the board of medical examiners; or c. a person licensed in Montana as a professional nurse and recognized by the board of nursing as a nurse practitioner or clinical nurse specialist; or d. a naturopathic physician licensed under Title 37, chapter 26, MCA.”

37.95.139 DAY CARE FACILITIES, HEALTH CARE REQUIREMENTS (Child File Review)

“1. The parent(s) of each child admitted to the day care facility shall provide the name of the physician or health care facility the parent wishes to have called in case of an emergency.”