Montana § 41-3-212 - Department Procedures For Reports -- Recording -- Notifications

§ 41-3-212. Department Procedures For Reports -- Recording -- Notifications

Department procedures for reports -- recording -- notifications. (1) A department employee receiving a report of abuse or neglect pursuant to this part shall: (a) obtain the information and provide the notifications specified in this section; and (b) make an audio recording when a report is made by phone. The department shall retain the recording in the same manner as provided for safety and risk assessments in 41-3-202 . (2) A department employee receiving a report of abuse or neglect shall request the following information: (a) the specific facts giving rise to the reasonable suspicion of child abuse or neglect, including the name or names of the alleged victim or victims and the name or names of the alleged perpetrator or perpetrators if the report discloses allegations consisting of sexual abuse or sexual exploitation, and the source or sources of the information; and (b) (i) if the person making the report is required under 41-3-201 to report suspected abuse or neglect, the person's name and telephone number and the capacity that makes the person a mandatory reporter under 41-3-201 ; or (ii) if the person making the report is not a mandatory reporter under 41-3-201 , the person's name and telephone number. If the person is unwilling to provide the information, the person receiving the report shall notify the caller that if the caller suspects the child is at serious risk of imminent harm, to call 9-1-1 so the call will be prioritized as an emergency. (3) Reports made under this part are confidential as provided in 41-3-205 . The privacy of the person making the report must be protected as provided in 41-3-205 (3)(d) and (3)(h). (4) A department employee receiving a report pursuant to 41-3-201 shall: (a) to the greatest extent possible, attempt to obtain the name and phone number of the person making the report and document any other identifying information available, including but not limited to the caller's phone number when identified by the phone system; and (b) if the report is being made by phone, notify the caller that the report is being recorded and the person's identity will be kept confidential.