MONTANA
MANDATORY REPORTING LAWS
MANDATORY REPORTING LAWS
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Professionals required to report
Citation: Ann. Code §§ 41-3-201; 15-6-201(2)(b)
Professionals required to report include the following:
• Physicians, residents, interns, members of hospital staffs, nurses, osteopaths, chiropractors, podiatrists, medical examiners,
coroners, dentists, optometrists, or any other health professionals
• Teachers, school officials, or school employees who work during regular school hours
• Operators or employees of any registered or licensed daycare or substitute care facility, or operators or employees of child
care facilities
• Mental health professionals or social workers
• Religious healers
• Foster care, residential, or institutional workers
• Members of the clergy, as defined in § 15-6-201(2)(b)
• Guardians ad litem or court-appointed advocates authorized to investigate a report
• Peace officers or other law enforcement officials
The term ‘clergy’ includes any of the following:
• An ordained minister, priest, or rabbi
• A commissioned or licensed minister of a church or church denomination that ordains ministers if the person has the authority to perform substantially all the religious duties of the church or denomination
• A member of a religious order who has taken a vow of poverty
• A Christian Science practitioner
Other persons required to report
Citation: Ann. Code § 41-3-201
Any other person who knows or has reasonable cause to suspect that a child is abused or neglected may report.
Institutional responsibility to report
This issue is not addressed in the statutes reviewed.
WHAT ARE THEY REQUIRED TO REPORT
A report is required when either of the following apply:
• A reporter knows or has reasonable cause to suspect, as a result of information received in his or her professional or official capacity, that a child is abused or neglected.
• A health-care professional involved in the delivery or care of an infant knows that the infant is affected by a dangerous drug.
PENALTIES FOR FAILING TO REPORT
Any mandatory reporter who fails to report known or suspected child abuse or neglect or who prevents another person from reasonably doing so is civilly liable for the damages proximately caused by such failure or prevention. Any mandatory reporter who purposely or knowingly fails to report when required or purposely or knowingly prevents another person from doing so is guilty of a misdemeanor.
PENALTIES FOR FALSE REPORTING
Anyone reporting any incident of child abuse or neglect as required by law is immune from any liability, civil or criminal, that might otherwise be incurred or imposed unless the person was grossly negligent, acted in bad faith or with malicious purpose, or provided information knowing the information to be false.
PRIVILEGED COMMUNICATIONS
A person listed as a mandated reporter may not refuse to make a report as required in this section on the grounds of a physician, patient, or similar privilege.
A member of the clergy or a priest is not required to make a report under this section if the communication is required to be
confidential by canon law, church doctrine, or established church practice.
REPORTER’S IDENTITY
The reporter is not specifically required by statute to provide his or her name in the report.
Disclosure of Reporter Identity
Citation: Ann. Code § 41-3-205
The identity of the reporter shall not be disclosed in any release of information to the subject of the report.