Montana Code 41-3-1214. Legislator access to ombudsman records
41-3-1214. Legislator access to ombudsman records. (1) Records of ombudsman investigations, including case notes, correspondence, and interviews, must be disclosed to a member of the legislature if:
Terms Used In Montana Code 41-3-1214
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
(a)the legislator receives a written request from a person who has requested assistance from the ombudsman about whether laws protecting children from abuse or neglect are being complied with or whether the laws need to be changed to enhance protections for children;
(b)the legislator submits a written request to the ombudsman asking to review the records relating to the written inquiry. The legislator’s request must include a copy of the written inquiry, the name of the child whose records are to be reviewed, and any other information that will assist the ombudsman in locating the records.
(c)before reviewing the records, the legislator:
(i)signs a form that outlines the state and federal laws regarding confidentiality and the penalties for unauthorized release of the information; and
(ii)receives from the ombudsman an orientation of the content and structure of the records.
(2)(a) Except as provided in subsection (2)(b), records disclosed pursuant to this section are confidential. Records must be made available for the member to view but may not be copied, photographed, or otherwise replicated by the member, and must remain solely in the ombudsman’s possession. The records may be viewed at any office maintained by the office of the child and family ombudsman.
(b)A member may take notes in order to discuss the records with the party who submitted the written inquiry to the member.