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37.47.602    PROTECTIVE SERVICES: DEFINITIONS

For purposes of this subchapter, the following definitions shall apply:

(1) "Case records" means any records maintained by the department relating to reports and investigations of child abuse, neglect or exploitation. Photographs, video and audio tapes may also be included as part of the case record. The term does not include confidential reports or evaluations, such as psychological evaluations, provided to the department by other professionals, or licensing or registration files of providers licensed, registered, or certified by the department.

(2) "Child abuse or neglect" means that defined in 41-3-102 , MCA, including the various definitions for the types of abuse, neglect and exploitation.

(3) "Confidential information" means information in case records that is restricted by law from being disclosed.

(4) "Department" means the department of public health and human services.

(5) "Disclosure" means to release for inspection or copying or to make known or reveal in any manner any information contained in case records.

(6) "A person responsible for a child's welfare" means those persons specified in 41-3-102 , MCA.

(7) "Report of child abuse, neglect or exploitation" means a referral alleging that a child may be abused, neglected or exploited.

(8) "Subject" means the person responsible for a child's welfare who is the alleged perpetrator of the child abuse, neglect or exploitation.

(9) "Substantiated report" means that, after an investigation, the investigating worker has determined by a preponderance of the evidence that the reported child abuse, neglect or exploitation occurred, based upon credible information or facts.

(10) "Unfounded report" means that, after an investigation, the investigating worker has determined the reported abuse, neglect or exploitation has not occurred.

(11) "Unsubstantiated report" means that, afer an investigation, the investigator was unable to determine by a preponderance of the evidence that the reported abuse, neglect or exploitation occurred.

History: Sec. 2-4-201, 41-3-208, and 52-3-205, MCA; IMP, Sec. 2-4-201, 41-3-102, 41-3-202, 41-3-205, and 52-3-205, MCA; NEW, 1987 MAR p. 1980, Eff. 10/30/87; AMD, 1994 MAR p. 1290, Eff. 5/13/94; AMD, 1994 MAR p. 2433, Eff. 8/26/94; TRANS, from DFS, 1998 MAR p. 657; AMD, 2004 MAR p. 2409, Eff. 10/8/04.

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