Rule 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.Mont. Admin. r. 37.47.614
NEW, 2015 MAR p. 306, Eff. 3/27/2015AUTH: 41-3-205, 41-3-304, MCA; IMP: 41-3-205, 41-3-304, MCA