(1) When the department substantiates a report of child abuse, neglect or exploitation, the department will initially list 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 of its substantiation determination.

(2) If, after receiving the initial notice of the department's substantiation, 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 being 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 unfounded or unsubstantiated will be listed in the department's protective services information system described in ARM 37.47.315, subject to the confidentiality provisions of ARM 37.47.614 until purged in accordance with 41-3-202, MCA.

(5) Reports of child abuse or neglect that are determined to be founded 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, subject to the confidentiality provisions of ARM 37.47.614 and the retention requirements contained in (8).

(6) 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.

(7) Child abuse or neglect reports that are received by the department but are not investigated will be listed in the department's protective services information system described in ARM 37.47.315 for informational purposes for a period of one year from the date of the report.

(8) Informational and founded reports that are associated with a prior or subsequent child abuse or neglect report that is investigated and determined as unsubstantiated or substantiated will be retained in the department's protective services information system described in ARM 37.47.315 for the applicable time period for the associated report.