Montana

Delinquency proceedings: The general public generally may not be excluded from delinquency proceedings in Montana, although the court may close a hearing in cases where a petition for adjudication of delinquency alleges that the youth is in need of intervention. Mont. Code Ann. § 41-5-1502 (2011). In addition, the court may temporarily exclude the public from a dispositional hearing during the taking of evidence on the issues of the need for treatment and rehabilitation if the court finds that such closure is in the best interest of the juvenile or the juvenile’s parent or guardian. Id. § 41-5-1511.

Delinquency records: Juvenile delinquency records on file with the clerk of court are open to public inspection. But social, medical and psychological records, assessment materials and supervision records of probationers are open only to certain individuals designated by statute and by court order to those people with a legitimate interest in the case or in the work of the court. Id. § 41-5-215.

Dependency proceedings: The statutory provisions addressing hearings in dependency proceedings do not specify whether they are open to the public. Id. §§ 41-3-432, 41-3-437, 41-3-438.

Dependency records: All reports of child abuse and neglect must be kept confidential, although the law allows that records, including case notes, correspondence, evaluations, videotapes and interviews, may be released to the news media if disclosure is limited to confirmation of factual information about how the case was handled if such disclosure does not violate the privacy rights of the child or the child’s parents. Disclosure of the records may be prohibited, however, where release is determined to be detrimental to the child or harmful to another person who is a subject of information contained in the records. The law states that a news organization or its employee, including a freelance writer or reporter, is not liable for reporting facts or statements made by an immediate family member if the news organization, employee, writer or reporter maintains the confidentiality of the child who is the subject of the proceeding. Id. § 41-3-205.

Restrictions on coverage: Montana law allows child victims of sexual offenses to testify outside the presence of the defendant via video-recorded testimony. Id. § 46-15-402. The statute does not specify whether the public and media may remain in the courtroom during this testimony, although it does state that videotapes that are part of the court record are subject to a protective order by the court to protect the privacy of the victim. Id. § 46-15-403.