52-3-814. Immunity from civil and criminal liability. (1) A person who makes a report required or authorized to be made under 52-3-811 is immune from civil or criminal liability that might otherwise be incurred or imposed as a result of the report unless the report is false in any material respect and the person acted in bad faith or with malicious purpose.

Terms Used In Montana Code 52-3-814

  • Person: includes a corporation or other entity as well as a natural person. 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

(2)A person who provides information or who uses information obtained pursuant to 52-3-813(2) to refuse to hire or to discharge an employee, volunteer, or other person who through their employment or volunteer activities may have unsupervised contact with a vulnerable adult is immune from civil liability unless the person providing or using the information acts in bad faith or with malicious purpose.