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Rule Title: PROTECTIVE SERVICES: DEFINITIONS
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Department: PUBLIC HEALTH AND HUMAN SERVICES
Chapter: PROTECTIVE SERVICES
Subchapter: Confidentiality of Case Records
 
Latest version of the adopted rule presented in Administrative Rules of Montana (ARM):

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37.47.602    PROTECTIVE SERVICES: DEFINITIONS

For purposes of this subchapter, the following definitions apply:

(1) "A person responsible for a child's welfare" means those persons specified in 41-3-102, MCA.

(2) "Case records" means any records maintained by the department relating to reports and investigations of child abuse, neglect, or exploitation. Photographs, video and audio recordings may also be included as part of the case record. The term does not include confidential reports or evaluations, such as psychological evaluations, provided to the department by other professionals, or licensing or registration files of providers licensed, registered, or certified by the department.

(3) "Child abuse or neglect" means that defined in 41-3-102, MCA, including the various definitions for the types of abuse, neglect, and exploitation.

(4) "Confidential information" means information in case records that is restricted by law from being disclosed.

(5) "Department" means the Department of Public Health and Human Services.

(6) "Disclosure" means to release for inspection or copying or to make known or reveal in any manner any information contained in case records.

(7) "Founded report" means that, after an investigation, the investigating worker has determined that there is probable cause to believe that an act of child abuse or neglect occurred.

(8) "Report of child abuse, neglect, or exploitation" means a referral alleging that a child may be abused, neglected, or exploited.

(9) "Subject" means the person responsible for a child's welfare who is the alleged perpetrator of the child abuse, neglect, or exploitation.

(10) "Substantiated report" means that, after an investigation, the investigating worker has determined by a preponderance of the evidence that the reported act of child abuse, neglect, or exploitation occurred, and that the perpetrator of the abuse, neglect, or exploitation may pose a danger to children.

History: 2-4-201, 41-3-208, 52-3-205, MCA; IMP, 2-4-201, 41-3-102, 41-3-202, 41-3-205, 52-3-205, MCA; NEW, 1987 MAR p. 1980, Eff. 10/30/87; AMD, 1994 MAR p. 1290, Eff. 5/13/94; AMD, 1994 MAR p. 2433, Eff. 8/26/94; TRANS, from DFS, 1998 MAR p. 657; AMD, 2004 MAR p. 2409, Eff. 10/8/04; AMD, 2015 MAR p. 306, Eff. 7/1/15.


 

 
MAR Notices Effective From Effective To History Notes
37-702 7/1/2015 Current History: 2-4-201, 41-3-208, 52-3-205, MCA; IMP, 2-4-201, 41-3-102, 41-3-202, 41-3-205, 52-3-205, MCA; NEW, 1987 MAR p. 1980, Eff. 10/30/87; AMD, 1994 MAR p. 1290, Eff. 5/13/94; AMD, 1994 MAR p. 2433, Eff. 8/26/94; TRANS, from DFS, 1998 MAR p. 657; AMD, 2004 MAR p. 2409, Eff. 10/8/04; AMD, 2015 MAR p. 306, Eff. 7/1/15.
10/8/2004 7/1/2015 History: Sec. 2-4-201, 41-3-208, and 52-3-205, MCA; IMP, Sec. 2-4-201, 41-3-102, 41-3-202, 41-3-205, and 52-3-205, MCA; NEW, 1987 MAR p. 1980, Eff. 10/30/87; AMD, 1994 MAR p. 1290, Eff. 5/13/94; AMD, 1994 MAR p. 2433, Eff. 8/26/94; TRANS, from DFS, 1998 MAR p. 657; AMD, 2004 MAR p. 2409, Eff. 10/8/04.
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