Montana Code Annotated 2023



Part 2. Reports and Investigations

Rulemaking Authority

41-3-208. Rulemaking authority. (1) The department of public health and human services shall adopt rules to govern the procedures used by department personnel in preparing and processing reports and in conducting investigations and safety and risk assessments authorized by this chapter.

(2) The department shall adopt rules to govern the retention period and disclosure of safety and risk assessments and associated case records containing information related to reports and investigations of child abuse and neglect.

(3) The department shall adopt rules specifying the procedure to be used for the release and disclosure of records as provided in 41-3-205(5). In adopting the rule, the department shall collaborate with the attorney general, the office of the child and family ombudsman, and appropriate county attorneys, law enforcement agencies, and county or regional interdisciplinary child information and school safety teams established pursuant to 52-2-211.

History: En. Sec. 1, Ch. 567, L. 1979; amd. Sec. 31, Ch. 465, L. 1983; amd. Sec. 2, Ch. 287, L. 1987; amd. Sec. 40, Ch. 609, L. 1987; amd. Sec. 7, Ch. 696, L. 1991; amd. Sec. 165, Ch. 546, L. 1995; amd. Sec. 2, Ch. 332, L. 2013; amd. Sec. 9, Ch. 354, L. 2015; amd. Sec. 2, Ch. 180, L. 2017; amd. Sec. 3, Ch. 248, L. 2019; amd. Sec. 6, Ch. 382, L. 2019.