Montana Code 41-3-1008. Access to records
41-3-1008. Access to records. (1) Notwithstanding the provisions of 41-3-205, a board has access to:
Terms Used In Montana Code 41-3-1008
- board: means a citizen review board appointed as provided in this section. See Montana Code 41-3-1003
- Department: means the department of public health and human services provided for in 2-15-2201. See Montana Code 41-3-102
(a)any records of the district court that are pertinent to the case; and
(b)pertinent electronic and paper records of the department or other agencies that would be admissible in a dispositional hearing conducted pursuant to 41-3-438, including school records and reports of private service providers contained in the records of the department or other agencies.
(2)All requested records not already before the board must be submitted by the department within 10 working days after receipt of a request.
(3)A board may retain a reference copy of case material used by the board to make its recommendation if:
(a)the material is necessary for the ongoing work of the board with regard to the particular case or to work of the board; and
(b)the confidentiality of the material is continued and protected in the same manner as other material received from the department. Material retained by the boards is not subject to disclosure under the public records law.
(4)If a board is denied access to requested records, it may request a hearing. The court may require the organization in possession of the records to show cause why the records should not be made available as provided by this section.