1. (1) Findings, determinations, and associated case records on child abuse or neglect reports that are determined as unfounded, unsubstantiated, or founded cannot be disclosed to the following persons without either a valid court order or a signed release by the subject of the report:

   1. (i) a parent, grandparent, aunt, uncle, brother, sister, or guardian;
   2. (ii) foster and adoptive parents who are or may be providing care for a child.
2. (2) Child abuse or neglect reports that are determined to be unsubstantiated or founded cannot be solely relied upon by the department 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. (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, and ARM 37.47.612.
4. (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. (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 an administrative process of the department.
6. (6) All disclosures of information on findings, determinations, and associated case records on child abuse or neglect reports are subject to the specific restrictions provided in 41-3-205, MCA.

Authorizing statute(s): 41-3-205, 41-3-304, MCA

Implementing statute(s): 41-3-205, 41-3-304, MCA

History: NEW, 2015 MAR p. 306, Eff. 7/1/15; AMD, 2020 MAR p. 2434, Eff. 1/1/21.