(1) Section 41-3-205, MCA provides that the case records of investigations into child abuse and neglect are confidential.
(2) Section 41-3-205, MCA also provides that persons and entities carrying out background, employment-related, or volunteer-related activities on prospective employees or volunteers who may have unsupervised contact with children may request information from the department. The information that may be provided by the department to such a request is limited to confirmation that the department's Protective Services Information System has information that indicates the person may pose a risk to children.
(3) The purpose of ARM 37.47.611, 37.47.612, 37.47.616 and 37.47.617 is to provide a process for which information in a child abuse or neglect investigation may be relied upon by the department in determining that a person may pose a risk to children and can be disclosed pursuant to 41-3-205, MCA.
(4) It is the policy of the department that any report of child abuse or neglect that is determined as "substantiated" may be disclosed to persons or entities requesting background checks on potential employees or volunteers who may have unsupervised access to children.
(5) Substantiated reports may be relied upon by the department to deny a person a foster care license, day care license, or employment in any field where a person has or may have unsupervised contact with children.
(6) Nothing in this rule prohibits the department or its personnel from using the facts discovered during an investigation and the associated case record of a child abuse or neglect report investigation, as necessary, to support district court actions under Title 41 of the Montana Code Annotated or an administrative process of the department.