41-3-215. Right of aggrieved party. (1) A person who is alleged to be a perpetrator of abuse or neglect in a report made under this part may file a complaint with the county attorney if the person believes the report was false or made with malicious intent. The county attorney shall investigate the complaint, including obtaining any recordings made of the reports.

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Terms Used In Montana Code 41-3-215

  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201

(2)If the ombudsman suspects that a report was made with false or malicious intent and may be considered an offense under 45-7-203, the ombudsman shall report the matter to the county attorney having jurisdiction of the matter.