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Rule: 37.47.614 Prev     Up     Next    
Rule Title: USE OF DETERMINATIONS IN CHILD ABUSE OR NEGLECT REPORT INVESTIGATIONS
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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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37.47.614    USE OF DETERMINATIONS IN CHILD ABUSE OR NEGLECT REPORT INVESTIGATIONS

(1) Findings, determinations, and associated case records on child abuse or neglect reports that are determined as unfounded, unsubstantiated, or founded are considered detrimental to the subject of the report and cannot be disclosed to any person other than the subject of the report without a valid court order.

(2) Child abuse or neglect reports that are determined to be unfounded, unsubstantiated, or founded cannot be the sole basis to deny a person a license to provide foster care, kinship care, or to be employed in a capacity where they have unsupervised access to children.

(3) Findings, determinations, and associated case records on child abuse or neglect reports that are determined to be substantiated are confidential, but may be disclosed pursuant to 41-3-205, MCA.

(4) Child abuse or neglect reports that are determined to be substantiated may be used as a basis to deny a person a license to provide foster care, kinship care, or to be employed in a capacity where they have unsupervised contact with children.

(5) Nothing in this rule prohibits the department or its personnel from using the facts discovered during an investigation and the associated case record of a child abuse or neglect report investigation, as necessary, to support district court actions under Title 41 of the Montana Code Annotated or the department's administrative process.

History: 41-3-205, 41-3-304, MCA; IMP, 41-3-205, 41-3-304, MCA; NEW, 2015 MAR p. 306, Eff. 7/1/15.


 

 
MAR Notices Effective From Effective To History Notes
37-702 7/1/2015 Current History: 41-3-205, 41-3-304, MCA; IMP, 41-3-205, 41-3-304, MCA; NEW, 2015 MAR p. 306, Eff. 7/1/15.
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