67th Legislature HB 364.1
1 HOUSE BILL NO. 364
2 INTRODUCED BY J. TREBAS
3
4 A BILL FOR AN ACT ENTITLED: “AN ACT REQUIRING THE DEPARTMENT OF PUBLIC HEALTH AND
5 HUMAN SERVICES TO PROVIDE INFORMATION ABOUT INVESTIGATIONS TO CERTAIN MANDATORY
6 REPORTERS ON REQUEST; AND AMENDING SECTION 41-3-201, MCA.”
7
8 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
9
10 Section 1. Section 41-3-201, MCA, is amended to read:
11 "41-3-201. Reports. (1) When the professionals and officials listed in subsection (2) know or have
12 reasonable cause to suspect, as a result of information they receive in their professional or official capacity, that
13 a child is abused or neglected by anyone regardless of whether the person suspected of causing the abuse or
14 neglect is a parent or other person responsible for the child's welfare, they shall report the matter promptly to
15 the department of public health and human services.
16 (2) Professionals and officials required to report are:
17 (a) a physician, resident, intern, or member of a hospital's staff engaged in the admission,
18 examination, care, or treatment of persons;
19 (b) a nurse, osteopath, chiropractor, podiatrist, medical examiner, coroner, dentist, optometrist, or any
20 other health or mental health professional;
21 (c) religious healers;
22 (d) school teachers, other school officials, and employees who work during regular school hours;
23 (e) a social worker, operator or employee of any registered or licensed day-care or substitute care
24 facility, staff of a resource and referral grant program organized under 52-2-711 or of a child and adult food care
25 program, or an operator or employee of a child-care facility;
26 (f) a foster care, residential, or institutional worker;
27 (g) a peace officer or other law enforcement official;
28 (h) a member of the clergy, as defined in 15-6-201(2)(b);
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67th Legislature HB 364.1
1 (i) a guardian ad litem or a court-appointed advocate who is authorized to investigate a report of
2 alleged abuse or neglect;
3 (j) an employee of an entity that contracts with the department to provide direct services to children;
4 and
5 (k) an employee of the department while in conduct of the employee's duties.
6 (3) A professional listed in subsection (2)(a) or (2)(b) involved in the delivery or care of an infant shall
7 report to the department any infant known to the professional to be affected by a dangerous drug, as defined in
8 50-32-101.
9 (4) Any person may make a report under this section if the person knows or has reasonable cause to
10 suspect that a child is abused or neglected.
11 (5) (a) When a professional or official required to report under subsection (2) makes a report, the
12 department:
13 (i) may share information with:
14 (i)(A) that professional or official;
15 (ii)(B) other individuals with whom the professional or official works in an official capacity if the
16 individuals are part of a team that responds to matters involving the child or the person about whom the report
17 was made and the professional or official has asked that the information be shared with the individuals; or
18 (iii)(C) the child abuse and neglect review commission established in 2-15-2019; and
19 (ii) shall share information with the individuals listed in subsections (5)(a)(i)(A) and (5)(a)(i)(B) on
20 specific request. Information shared pursuant to this subsection (5)(a)(ii) may be limited to the outcome of the
21 investigation and any subsequent action that will be taken on behalf of the child who is the subject of the report.
22 (b) The department may provide information in accordance with 41-3-202(8) and also share
23 information about the investigation, limited to its outcome and any subsequent action that will be taken on
24 behalf of the child who is the subject of the report.
25 (c) Individuals who receive information pursuant to this subsection (5) shall maintain the
26 confidentiality of the information as required by 41-3-205.
27 (6) (a) Except as provided in subsection (6)(b) or (6)(c), a person listed in subsection (2) may not
28 refuse to make a report as required in this section on the grounds of a physician-patient or similar privilege.
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1 (b) A member of the clergy or a priest is not required to make a report under this section if:
2 (i) the knowledge or suspicion of the abuse or neglect came from a statement or confession made to
3 the member of the clergy or the priest in that person's capacity as a member of the clergy or as a priest;
4 (ii) the statement was intended to be a part of a confidential communication between the member of
5 the clergy or the priest and a member of the church or congregation; and
6 (iii) the person who made the statement or confession does not consent to the disclosure by the
7 member of the clergy or the priest.
8 (c) A member of the clergy or a priest is not required to make a report under this section if the
9 communication is required to be confidential by canon law, church doctrine, or established church practice.
10 (7) The reports referred to under this section must contain:
11 (a) the names and addresses of the child and the child's parents or other persons responsible for the
12 child's care;
13 (b) to the extent known, the child's age and the nature and extent of the child's injuries, including any
14 evidence of previous injuries;
15 (c) any other information that the maker of the report believes might be helpful in establishing the
16 cause of the injuries or showing the willful neglect and the identity of the person or persons responsible for the
17 injury or neglect; and
18 (d) the facts that led the person reporting to believe that the child has suffered injury or injuries or
19 willful neglect, within the meaning of this chapter. (Subsection (5)(a)(iii) (5)(a)(i)(C) terminates September 30,
20 2021--sec. 12, Ch. 235, L. 2017.)"
21 - END -
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Statutes affected:
HB0364_1.pdf: 41-3-201
HB0364_X.pdf: 41-3-201
Enrolled: 41-3-201
Introduced: 41-3-201