This guide contains summaries of statutes detailing the officials who may have access to confidential records and the circumstances under which information may be disclosed.
Montana Disclosure of Confidential Child Abuse and Neglect Records
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US-ADOP9
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The consent of another person, including but not limited to a spouse, parent, custodian, or guardian, is not necessary in order to authorize the psychiatric or psychological counseling of the minor. However, a parent may not be obligated for the cost of the counseling without the parent's consent.
You should respond to a disclosure by being calm and listening carefully and non judgmentally. Let the child tell their story freely and in their own way. Acknowledge how difficult it may have been to disclose and reassure the child or young person that it was the right thing to do.
A request for a Child Protective Service Background Check is made by submitting a completed, signed and notarized Montana Release of Information form to CFSD by mail or fax using the most appropriate form below which best describes the reason for requesting a Child Protective Service Background Check.
Mandated reporters must report a child who has been abused or neglected as defined by Montana statute 41-3-102 and legal guidance interpreting the statute. "Child abuse or neglect" means actual physical or psychological harm to a child; Substantial risk of physical or psychological harm to a child; or Abandonment.
Except as provided in subsections (9) and (10), 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.
Montana law defines certain categories of individuals who must report abuse or injury to the department of public health and human services, county attorney, or law enforcement. The chart below summarizes certain providers' mandatory reporting obligations for specific populations.