37.47.612 WHEN THE RESULTS OF AN INVESTIGATION OF REPORTED CHILD ABUSE AND NEGLECT MAY BE DISCLOSED AS TO AN INDIVIDUAL THAT MAY POSE A RISK TO CHILDREN
(1) After any investigation of a reported child abuse or neglect has been completed and the safety assessment set forth in 41-3-202, MCA is completed, the investigating worker and the local supervisor must determine how to list the report and investigation in the Protective Information System provided by ARM 37.47.613.
(2) The results of the investigation must be listed in the Protective Information System as either unsubstantiated, founded, or substantiated as defined in ARM 37.47.602.
(3) In order for an investigation to be determined and listed as substantiated against the subject of the report, the investigating worker and the local supervisor must determine that the preponderance of the evidence supports a finding that:
(a) the reported abuse or neglect occurred;
(b) the subject was the perpetrator of the abuse or neglect; and
(c) the case file documents sufficient evidence under the totality of the circumstances to find that the subject may pose a risk to children.
(4) The factors considered in determining whether a subject in a child abuse or neglect report may pose a danger to children include but are not limited to:
(a) the nature of the substantiated abuse or neglect;
(b) any prior or subsequent child abuse or neglect reports or investigations involving the perpetrator;
(c) any prior or subsequent Youth in Need of Care adjudications in District Court where the perpetrator was determined as an abuser;
(d) any prior or subsequent criminal convictions for crimes against children; and
(e) the degree to which a child was impacted by any prior or subsequent reported abuse or neglect, or any prior or subsequent criminal convictions.
History: 2-4-201, 41-3-208, MCA; IMP, 2-4-201, 41-3-102, 41-3-202, 41-3-205, MCA; NEW, 2020 MAR p. 2434, Eff. 1/1/21.