37.47.613 CHILD PROTECTIVE SERVICES: LISTING OF DETERMINATION IN THE PROTECTIVE INFORMATION SYSTEM
(1) When the department determines that a report of child abuse or neglect is substantiated pursuant to ARM 37.47.612, the department will initially list its determination in its protective services information system provided in ARM 37.47.315 that the report's final determination is pending. The report will be pending for a period of 30 days from the date of the department's initial notice to the subject.
(2) If, after receiving the initial notice of the department's determination that the results of any child abuse and neglect investigation are substantiated, the subject does not request a fair hearing within the 30-day time period required by ARM 37.47.610(2), the department will list the report in its protective services information system as substantiated.
(3) If the subject requests a fair hearing pursuant to ARM 37.47.610(2), the department's determination will be listed as pending in its protective services information system until all administrative and judicial appeals have been decided.
(4) Reports of child abuse or neglect that are determined to be unsubstantiated will be listed in the department's protective services information system described in ARM 37.47.315, for a period of three years from the date of the report, unless the report is associated with a prior or subsequent report that is substantiated.
(5) Reports of child abuse or neglect that are determined to be substantiated will be listed in the department's protective services information system described in ARM 37.47.315 in perpetuity, subject to the confidentiality provisions of ARM 37.47.614.
History: 2-4-201, 41-3-208, MCA; IMP, 2-4-201, 41-3-202, 41-3-204, MCA; NEW, 2004 MAR p. 2409, Eff. 10/8/04; AMD, 2010 MAR p. 539, Eff. 2/26/10; AMD, 2015 MAR p. 306, Eff. 7/1/15; AMD, 2020 MAR p. 2434, Eff. 1/1/21.