Clergy as Mandatory Reporters of Child Abuse and Neglect

Citation: Mont. Code Ann. § 15-6-201(2)(b)
The term 'clergy' means:

• 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

Citation: Mont. Code Ann. § 41-3-201(2)(h), (5)(b)
Professionals and officials required to report include members of the clergy.

A member of the clergy or priest is not required to report under this section if:

• The knowledge or suspicion of the abuse or neglect came from a statement or confession made to the member of the clergy or priest in that person's capacity as a member of the clergy or priest.

• The statement was intended to be a part of a confidential communication between the member of the clergy or the priest and a member of the church or congregation.

• The person who made the statement or confession does not consent to the disclosure by the member of the clergy or priest.

A member of the clergy or 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.

Mandatory Reporters of Child Abuse and Neglect

Professionals Required to Report
Citation: Ann. Code §§ 41-3-201; 15-6-201(2)(b)
Professionals required to report include:

• 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' means:

• 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

Reporting by Other Persons
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
Not addressed in statutes reviewed.

Standards for Making a Report
Citation: Ann. Code § 41-3-201
A report is required when:

• 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.

Privileged Communications
Citation: Ann. Code § 41-3-201
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.

Inclusion of Reporter's Name in Report
Not addressed in statutes reviewed.

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.

Updated 06/01/2016

Return to State List