Montana Code 52-3-813. Confidentiality
52-3-813. Confidentiality. (1) The case records of the department, its local affiliate, the county attorney, and the court concerning actions taken under this part and all reports made pursuant to 52-3-811 must be kept confidential except as provided by this section. For the purposes of this section, the term “case records” includes records of an investigation of a report of abuse, sexual abuse, neglect, or exploitation.
Terms Used In Montana Code 52-3-813
- Abuse: means :
(a)the infliction of physical or mental injury;
(b)the deprivation of food, shelter, clothing, or services necessary to maintain the physical or mental health of a vulnerable adult without lawful authority. See Montana Code 52-3-803
- Department: means the department of public health and human services provided for in 2-15-2201. See Montana Code 52-3-803
- Exploitation: means :
(a)the unreasonable use of a vulnerable adult or of a power of attorney, conservatorship, or guardianship with regard to a vulnerable adult in order to obtain control of or to divert to the advantage of another the ownership, use, benefit, or possession of or interest in the vulnerable adult's money, assets, or property by means of deception, duress, menace, fraud, undue influence, or intimidation with the intent or result of permanently depriving the vulnerable adult of the ownership, use, benefit, or possession of or interest in the vulnerable adult's money, assets, or property;
(b)an act taken by a person who has the trust and confidence of a vulnerable adult to obtain control of or to divert to the advantage of another the ownership, use, benefit, or possession of or interest in the vulnerable adult's money, assets, or property by means of deception, duress, menace, fraud, undue influence, or intimidation with the intent or result of permanently depriving the vulnerable adult of the ownership, use, benefit, or possession of or interest in the vulnerable adult's money, assets, or property;
(c)the unreasonable use of a vulnerable adult or of a power of attorney, conservatorship, or guardianship with regard to a vulnerable adult done in the course of an offer or sale of insurance or securities in order to obtain control of or to divert to the advantage of another the ownership, use, benefit, or possession of the vulnerable adult's money, assets, or property by means of deception, duress, menace, fraud, undue influence, or intimidation with the intent or result of permanently depriving the vulnerable adult of the ownership, use, benefit, or possession of the vulnerable adult's money, assets, or property. See Montana Code 52-3-803
- Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Incapacitated person: has the meaning provided in 72-5-101. See Montana Code 52-3-803
- Neglect: means the failure of a person who has assumed legal responsibility or a contractual obligation for caring for a vulnerable adult or who has voluntarily assumed responsibility for the a vulnerable adult's care, including an employee of a public or private residential institution, facility, home, or agency, to provide food, shelter, clothing, or services necessary to maintain the physical or mental health of the vulnerable adult. See Montana Code 52-3-803
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- Sexual abuse: means the commission of sexual assault, sexual intercourse without consent, indecent exposure, deviate sexual conduct, incest, or sexual abuse of children as described in Title 45, chapter 5, part 5, and Title 45, chapter 8, part 2. See Montana Code 52-3-803
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
- Vulnerable adult: means a person who:
(a)is 60 years of age or older; or
(b)is 18 years of age or older and:
(i)is a person with a physical or mental impairment that substantially limits or restricts the person's ability to provide for their own care or protection; or
(ii)has a developmental disability as defined in 53-20-102. See Montana Code 52-3-803
- Writing: includes printing. See Montana Code 1-1-203
(2)The records and reports required to be kept confidential by subsection (1) may be disclosed, on written request, to the following persons or entities in this or any other state:
(a)a physician who is caring for a vulnerable adult who the physician reasonably believes was abused, sexually abused, neglected, or exploited;
(b)a legal guardian or conservator of the vulnerable adult if the identity of the person who made the report is protected and the legal guardian or conservator is not the person suspected of the abuse, sexual abuse, neglect, or exploitation;
(c)the vulnerable adult named in the report as allegedly being abused, sexually abused, neglected, or exploited if that person is not an incapacitated person;
(d)any person engaged in bona fide research if the person alleged in the report to have committed the abuse, sexual abuse, neglect, or exploitation is later convicted of an offense constituting abuse, sexual abuse, neglect, or exploitation and if the identity of the vulnerable adult who is the subject of the report is not disclosed to the researcher;
(e)an adult protective service team. Members of the team are required to keep information about the subject individuals confidential.
(f)an authorized representative of a provider of services to a vulnerable adult alleged to be abused, sexually abused, neglected, or exploited if:
(i)the department and the provider are parties to a contested case proceeding under Title 2, chapter 4, part 6, resulting from action by the department adverse to the license of the provider and if information contained in the records or reports of the department is relevant to the case;
(ii)disclosure to the provider is determined by the department to be necessary to protect an interest of a vulnerable adult alleged to be abused, sexually abused, neglected, or exploited; or
(iii)the person is carrying out background screening or employment-related or volunteer-related screening of current or prospective employees or volunteers who have or may have unsupervised contact with a vulnerable adult through employment or volunteer activities if the disclosure is limited to information that indicates a risk to a vulnerable adult posed by the employee or volunteer, as determined by the department. A request for information under this subsection must be made in writing.
(g)an employee of the department if disclosure of the record or report is necessary for administration of a program designed to benefit a vulnerable adult alleged to be abused, sexually abused, neglected, or exploited;
(h)an authorized representative of a guardianship program approved by the department if the department determines that disclosure to the program or to a person designated by the program is necessary for the proper provision of guardianship services to a vulnerable adult alleged to be abused, sexually abused, neglected, or exploited;
(i)protection and advocacy systems authorized under the provisions of 29 U.S.C. § 794e, 42 U.S.C. § 10805, or 42 U.S.C. § 15043;
(j)the news media if disclosure is limited to confirmation of factual information regarding how the case was handled and does not violate the privacy rights of the vulnerable adult or alleged perpetrator of abuse, sexual abuse, neglect, or exploitation, as determined by the department;
(k)a coroner or medical examiner who is determining the cause of death of a vulnerable adult;
(l)a person about whom a report has been made and that person’s attorney with respect to relevant records pertaining to that person only without disclosing the identity of the person who made the report or any other person whose safety might be endangered through disclosure;
(m)an agency, including a probation or parole agency, that is legally responsible for the supervision of an alleged perpetrator of abuse, sexual abuse, neglect, or exploitation of a vulnerable adult; and
(n)a department, agency, or organization, including a federal agency, military reservation, or tribal organization, that is legally authorized to receive, inspect, or investigate reports of abuse, sexual abuse, neglect, or exploitation of a vulnerable adult and that meets the disclosure criteria contained in this section.
(3)The records and reports required to be kept confidential by subsection (1) must be disclosed, upon request, to the following persons or entities in this or any other state:
(a)a county attorney or other law enforcement official who requires the information in connection with an investigation of a violation of this part;
(b)a court that has determined, in camera, that public disclosure of the report, data, information, or record is necessary for the determination of an issue before it;
(c)a grand jury upon its determination that the report, data, information, or record is necessary in the conduct of its official business.
(4)If the person who is reported to have abused, sexually abused, neglected, or exploited a vulnerable adult is the holder of a license, permit, or certificate issued by the department of labor and industry under the provisions of Title 37 or issued by any other entity of state government, the report may be submitted to the entity that issued the license, permit, or certificate.