37.47.608    PROTECTIVE SERVICES: PROCEDURES

(1) Requests for disclosure must be in writing to the department.

(a) The department shall respond to a request for disclosure within 30 calendar days of the request.

(b) If the request for disclosure is denied, the department shall notify the person requesting the information in writing of the reasons for denial.

(2) Upon receiving a request for disclosure, the department shall determine if the person or entity who is requesting disclosure is authorized by statute or these rules to receive such information.

(a) Any person who is not authorized to receive the information shall be notified in writing that the information cannot legally be disclosed without a court order.

(b) If the person or entity requesting disclosure is authorized by statute or these rules to receive the requested information, the department may disclose the information to the requesting person or entity except as provided in ARM 37.47.607.

(i) The person or entity requesting the information may inspect the case records at the department offices and may request copies of any portion of the case record.

(ii) No fee will be charged for inspection. The department may charge a reasonable fee for the costs of copying the case records. No fee will be charged for copies of the case record that are provided to a parent, a guardian or a parent's or guardian's attorney.

(iii) If the information cannot be disclosed within 30 calendar days of receiving the request, the department shall notify the requesting person or entity in writing of the reason for the delay.

History: Sec. 41-3-208, MCA; IMP, Sec. 41-3-205, MCA; NEW, 1987 MAR p. 1980, Eff. 10/30/87; AMD, 1992 MAR p. 2378, Eff. 10/30/92; TRANS, from DFS, 1998 MAR p. 657; AMD, 2004 MAR p. 2409, Eff. 10/8/04.