41-3-1102. Definitions. For the purposes of this part, the following definitions apply:
     (1) "Child-care agency" means a youth care facility in which substitute care is provided to 13 or more children or youth.
     (2) "Department" means the department of public health and human services provided for in 2-15-2201.
     (3) "Foster child" means a person under 18 years of age who has been placed by the department in a youth care facility.
     (4) "Person" means any individual, partnership, voluntary association, or corporation.
     (5) "Respite care" means the provision of temporary, short-term supervision or care of a foster child, in an emergency or on an intermittent basis, to provide foster parents relief from the daily care requirements of a foster child whose mental or physical condition requires special or intensive supervision or care. Respite care includes but is not limited to homemaker services, child care, and emergency care either in the home or out of the home.
     (6) "Respite care provider" means a person who meets the qualifications and requirements established by the department to provide respite care under 41-3-1151.
     (7) "Substitute care" means full-time care of a youth in a residential setting who is placed by the department, another state agency, or a licensed child-placing agency. Individuals who provide care to youth who are recipients of services provided through the department's developmental disabilities, mental health, or medicaid home- and community-based services waiver program are also considered to be providing substitute care. This part does not apply when a person accepts the care and custody of a child on a temporary basis as an accommodation for the parent or parents, guardian, or relative of the child.
     (8) "Youth assessment center" has the meaning provided in 41-5-103.
     (9) "Youth care facility" means a facility that is licensed by the department or by the appropriate licensing authority in another state and in which facility substitute care is provided to youth. The term includes youth foster homes, youth group homes, child-care agencies, and youth assessment centers.
     (10) "Youth foster home" means a youth care facility in which substitute care is provided to one to six children or youth other than the foster parents' own children, stepchildren, or wards.
     (11) "Youth group home" means a youth care facility in which substitute care is provided to 7 to 12 children or youth.

     History: (1), (2), (5) thru (9)En. Sec. 7, Ch. 465, L. 1983; (3), (4)En. Sec. 1, Ch. 178, L. 1947; Sec. 10-520, R.C.M. 1947; redes. 10-1316 by Sec. 14, Ch. 328, L. 1974; R.C.M. 1947, 10-1316; amd. Sec. 3, Ch. 297, L. 1981; amd. Sec. 16, Ch. 465, L. 1983; MCA 1981, ; redes. by Sec. 31(4), Ch. 465, L. 1983; amd. Sec. 1, Ch. 531, L. 1985; amd. Sec. 46, Ch. 609, L. 1987; amd. Sec. 1, Ch. 559, L. 1991; amd. Sec. 183, Ch. 546, L. 1995; amd. Sec. 9, Ch. 514, L. 1997; amd. Sec. 7, Ch. 550, L. 1997.