Establishment and Maintenance of Central Registries for Child Abuse or Neglect Reports - Montana

Establishment

Citation: Ann. Code § 41-3-202(6)

The Department of Public Health and Human Services shall maintain a record system.

Purpose

This issue is not addressed in the statutes reviewed.

Contents

Citation: Ann. Code § 41-3-202(6)

The system shall contain records documenting investigations and determinations of child abuse and neglect cases.

Maintenance

Citation: Ann. Code § 41-3-202

The department shall destroy all safety and risk assessment determinations and associated records, except for medical records, within 30 days after the end of the 3-year period starting from the date of completion of the safety and risk assessment.

Safety and risk assessment determinations and associated records may be maintained for a reasonable time as defined by department rule under the following circumstances:

• The safety and risk assessment determines that abuse or neglect occurred.
• There has been a previous or there is a subsequent report and investigation resulting in a safety and risk assessment concerning the same person.
• An order has been issued by a court of competent jurisdiction adjudicating the child as a youth in need of care based on the circumstances surrounding the initial allegations.

Unless records are required to be destroyed, the department shall retain records relating to the safety and risk assessment, including case notes, correspondence, evaluations, videotapes, and interviews, for 25 years.