| Mont. Code § 41-3-205
Montana
Code
Title
41. Minors
Chapter
3. Child Abuse and Neglect
Part
2. Reports and Investigations
§ 41-3-205.
(Temporary) Confidentiality -- disclosure exceptions
(1)
The case records of the department and its local affiliate,
the local office of public assistance, the county attorney, and
the court concerning actions taken under this chapter and all
records concerning reports of child abuse and neglect must be
kept confidential except as provided by this section. Except as
provided in subsections (6) and (7), a person who purposely
or knowingly permits or encourages the unauthorized dissemination of the
contents of case records is guilty of a misdemeanor.
(2)
Records may be disclosed to a court for in camera
inspection if relevant to an issue before it. The court
may permit public disclosure if it finds disclosure to be
necessary for the fair resolution of an issue before it.
(3)
Records, including case notes, correspondence, evaluations, videotapes, and interviews, unless
otherwise protected by this section or unless disclosure of the
records is determined to be detrimental to the child or
harmful to another person who is a subject of information
contained in the records, may be disclosed to the following
persons or entities in this state and any other state
or country:
(a)
a department, agency, or organization, including a federal agency, military
enclave, or Indian tribal organization, that is legally authorized to
receive, inspect, or investigate reports of child abuse or neglect
and that otherwise meets the disclosure criteria contained in this
section;
(b)
a licensed youth care facility or a licensed child-placing agency
that is providing services to the family or child who
is the subject of a report in the records or
to a person authorized by the department to receive relevant
information for the purpose of determining the best interests of
a child with respect to an adoptive placement;
(c)
a health or mental health professional who is treating the
family or child who is the subject of a report
in the records;
(d)
a parent, guardian, or person designated by a parent or
guardian of the child who is the subject of a
report in the records or other person responsible for the
child's welfare, without disclosure of the identity of any person
who reported or provided information on the alleged child abuse
or neglect incident contained in the records;
(e)
a child named in the records who was allegedly abused
or neglected or the child's legal guardian or legal representative,
including the child's guardian ad litem or attorney or a
special advocate appointed by the court to represent a child
in a pending case;
(f)
the state protection and advocacy program as authorized by 42
U.S.C. 6042(a)(2)(B);
(g)
approved foster and adoptive parents who are or may be
providing care for a child;
(h)
a person about whom a report has been made and
that person's attorney, with respect to the relevant records pertaining
to that person only and without disclosing
the identity of the reporter or any other person whose
safety may be endangered;
(i)
an agency, including a probation or parole agency, that is
legally responsible for the supervision of an alleged perpetrator of
child abuse or neglect;
(j)
a person, agency, or organization that is engaged in a
bona fide research or evaluation project and that is authorized
by the department to conduct the research or evaluation;
(k)
the members of an interdisciplinary child protective team authorized under
41-3-108 or of a family group decisionmaking meeting for the
purposes of assessing the needs of the child and family,
formulating a treatment plan, and monitoring the plan;
(l)
the coroner or medical examiner when determining the cause of
death of a child;
(m)
a child fatality review team recognized by the department;
(n)
a department or agency investigating an applicant for a license
or registration that is required to operate a youth care
facility, day-care facility, or child-placing agency;
(o)
a person or entity who is carrying out background, employment-related,
or volunteer-related screening of current or prospective employees or volunteers
who have or may have unsupervised contact with children through
employment or volunteer activities. A request for information under this
subsection (3)(o) must be made in writing. Disclosure under this
subsection (3)(o) is limited to information that indicates a risk
to children, persons with developmental disabilities, or older persons posed
by the person about whom the information is sought, as
determined by the department.
(p)
the news media, a member of the United States congress,
or a state legislator, if disclosure is limited to confirmation
of factual information regarding how the case was handled and
if disclosure does not violate the privacy rights of the
child or the child's parent or guardian, as determined by
the department;
(q)
an employee of the department or other state agency if
disclosure of the records is necessary for administration of programs
designed to benefit the child;
(r)
an agency of an Indian tribe, a qualified expert witness,
or the relatives of an Indian child if disclosure of
the records is necessary to meet requirements of the federal
Indian Child Welfare Act;
(s)
a youth probation officer who is working in an official
capacity with the child who is the subject of a
report in the records;
(t)
a county attorney, peace officer, or attorney who is hired
by or represents the department if disclosure is necessary for
the investigation, defense, or prosecution of a case involving child
abuse or neglect;
(u)
a foster care review committee established under 41-3-115 or, when
applicable, a citizen review board established under Title 41, chapter
3, part 10;
(v)
a school employee participating in an interview of a child
by a social worker,
county attorney, or peace officer, as provided in 41-3-202;
(w)
a member of a county interdisciplinary child information team formed
under the provisions of 52-2-211;
(x)
members of a local interagency staffing group provided for in
52-2-203;
(y)
a member of a youth placement committee formed under the
provisions of 41- 5-121; or
(z)
a principal of a school or other employee of the
school district authorized by the trustees of the district to
receive the information with respect to a student of the
district who is a client of the department.
(4)
A school or school district may disclose, without consent, personally
identifiable information from the education records of a pupil to
the department, the court, a review board, and the child's
court-appointed attorney, guardian ad litem, or special advocate.
(5)
Information that identifies a person as a participant in or
recipient of substance
abuse treatment services may be disclosed only as allowed by
federal substance abuse confidentiality laws, including the consent provisions of
the law.
(6)
A person who is authorized to receive records under this
section shall maintain the confidentiality of the records and may
not disclose information in the records to anyone other than
the persons described in subsection (3)(a). However, this subsection may
not be construed to compel a family member to keep
the proceedings confidential.
(7)
A news organization or its employee, including a freelance writer
or reporter, is not liable for reporting facts or statements
made by an immediate family member under subsection (6) if
the news organization, employee, writer, or reporter maintains the confidentiality
of the child who is the subject of the proceeding.
(8)
This section is not intended to affect the confidentiality of
criminal court records, records of law enforcement agencies, or medical
records covered by state or federal disclosure limitations.
(9)
Copies of records, evaluations, reports, or other evidence obtained or
generated pursuant to this section that are provided to the parent, the
guardian, or the parent or guardian's attorney must be provided without
cost.
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