25 CFR § 36.81 - May a homeliving program use support staff or teachers to meet behavioral health staffing requirements?

---
identifier: "/us/cfr/t25/s36.81"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "25 CFR § 36.81 - May a homeliving program use support staff or teachers to meet behavioral health staffing requirements?"
title_number: 25
title_name: "Indians"
section_number: "36.81"
section_name: "May a homeliving program use support staff or teachers to meet behavioral health staffing requirements?"
chapter_name: "BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR"
subchapter_number: "E"
subchapter_name: "EDUCATION"
part_number: "36"
part_name: "MINIMUM ACADEMIC STANDARDS FOR THE BASIC EDUCATION OF INDIAN CHILDREN AND NATIONAL CRITERIA FOR DORMITORY SITUATIONS"
positive_law: false
currency: "2026-04-05"
last_updated: "2026-04-05"
format_version: "1.1.0"
generator: "[email protected]"
authority: "Section 502, 25 U.S.C. 2001; section 5101, 25 U.S.C. 2001; Section 1101, 25 U.S.C. 2002; 5 U.S.C. 301; 25 U.S.C. 2 and 9; 25 U.S.C. 2901, Title I of P.L. 101-477."
regulatory_source: "50 FR 36816, Sept. 9, 1985, unless otherwise noted."
cfr_part: "36"
---


# 36.81 May a homeliving program use support staff or teachers to meet behavioral health staffing requirements?

No, a homeliving program must not use support staff or teachers to meet behavioral health staffing requirements. The only exception is if the individual support staff employee or teacher has the appropriate behavioral health license or certification.