Mont. Code Ann. § 40-6-405 — MT Code / Title 40 / Chapter 6 / Part 4 / Section 40-6-405
40-6-405 Surrender of newborn to emergency services provider -- temporary protective custody
Status: in_force

40-6-405 . Surrender of newborn to emergency services provider -- temporary protective custody. (1) If a parent surrenders an infant who may be a newborn to an emergency services provider, the emergency services provider shall comply with the requirements of this section under the assumption that the infant is a newborn. The emergency services provider shall, without a court order, immediately accept the newborn, taking the newborn into temporary protective custody, and shall take action necessary to protect the physical health and safety of the newborn.

(2) If a newborn is surrendered face to face, the emergency services provider shall make a reasonable effort to do all of the following:

(a) if possible, inform the parent that the parent may remain anonymous;

(b) if possible, inform the parent that by surrendering the newborn, the parent is releasing the newborn to the department to be placed for adoption according to law;

(c) if possible, inform the parent that the parent has 60 days to petition the court to regain custody of the newborn;

(d) if possible, ascertain whether the newborn has a tribal affiliation and, if so, ascertain relevant information pertaining to any Indian heritage of the newborn;

(e) provide the parent with written material approved by or produced by the department, which includes but is not limited to all of the following statements:

(i) by surrendering the newborn, the parent is releasing the newborn to the department to be placed for adoption and the department shall initiate court proceedings according to law to place the newborn for adoption, including proceedings to terminate parental rights;

(ii) the parent has 60 days after surrendering the newborn to petition the court to regain custody of the newborn;

(iii) the parent may not receive personal notice of the court proceedings begun by the department;

(iv) information that the parent provides to an emergency services provider will not be made public;

(v) a parent may contact the department for more information and counseling; and

(vi) any Indian heritage of the newborn brings the newborn within the jurisdiction of the federal Indian Child Welfare Act, 25 U.S.C. 1901, et seq., and the Montana Indian Child Welfare Act provided for in Title 41, chapter 3, part 13.

(3) If a newborn is surrendered face to face, after providing a parent with the information described in subsection (2), if possible, an emergency services provider shall make a reasonable effort to:

(a) encourage the parent to provide any relevant family or medical information, including information regarding any tribal affiliation;

(b) provide the parent with information that the parent may receive counseling or medical attention;

(c) inform the parent that information that the parent provides will not be made public;

(d) ask the parent for the parent's name;

(e) inform the parent that in order to place the newborn for adoption, the state is required to make a reasonable attempt to identify the other parent and to obtain relevant medical family history and then ask the parent to identify the other parent;

(f) inform the parent that the department can provide confidential services to the parent; and

(g) inform the parent that the parent may sign a relinquishment for the newborn to be used at a hearing to terminate parental rights.

(4) If a newborn is surrendered in a newborn safety device, the emergency services provider shall make a reasonable effort to provide the parent with the written material described in subsection (2)(e).
Mont. Code Ann. § 40-16-123 — MT Code / Title 40 / Chapter 16 / Part 1 / Section 40-16-123
40-16-123 Enforcement of confirmed award
Status: in_force

40-16-123 . Enforcement of confirmed award. (1) The court shall enforce an award confirmed under 40-16-116 , including a temporary award, in the manner and to the same extent as any other order or judgment of a court.

(2) The court shall enforce an arbitration award in a family law dispute confirmed by a court in another state in the manner and to the same extent as any other order or judgment from another state.
Mont. Code Ann. § 40-6-708 — MT Code / Title 40 / Chapter 6 / Part 7 / Section 40-6-708
40-6-708 Construction
Status: in_force

40-6-708 . Construction. (1) Unless parental rights have been legally waived or legally terminated, parents have inalienable rights that are more comprehensive than those described in 40-6-701 or 40-6-703 . The protections afforded by 40-6-701 and 40-6-703 are in addition to the protections provided under federal law, other state laws, the United States constitution, and the Montana constitution.

(2) Sections 40-6-701 and 40-6-703 must be construed in favor of a broad protection of the fundamental right of parents to direct the upbringing, education, health care, and mental health of their child.

(3) Nothing in 40-6-701 or 40-6-703 may be construed to authorize a governmental entity to burden the fundamental right of parents to direct the upbringing, education, health care, and mental health of their child.

(4) If a child has no affirmative right of access to a particular medical or mental health procedure or service, then nothing in 40-6-701 or 40-6-703 may be construed to grant the child's parent an affirmative right of access to the procedure or service on the child's behalf.
Mont. Code Ann. § 40-5-1026 — MT Code / Title 40 / Chapter 5 / Part 10 / Section 40-5-1026
40-5-1026 Inappropriate tribunal
Status: in_force

40-5-1026 . Inappropriate tribunal. If a petition or comparable pleading is received by an inappropriate tribunal of this state, the tribunal shall forward the pleading and accompanying documents to an appropriate tribunal of this state or another state and notify the petitioner where and when the pleading was sent.
Mont. Code Ann. § 40-2-311 — MT Code / Title 40 / Chapter 2 / Part 3 / Section 40-2-311
40-2-311 Rights of husband and wife -- how governed
Status: in_force

40-2-311 . Rights of husband and wife -- how governed. The property rights of the husband and wife are governed by parts 1 through 3 of this chapter, unless there is a marriage settlement containing stipulations contrary thereto.
Mont. Code Ann. § 40-6-702 — MT Code / Title 40 / Chapter 6 / Part 7 / Section 40-6-702
40-6-702 Medical care for children
Status: in_force

40-6-702 . Medical care for children. (1) (a) Except as otherwise provided by Title 41, chapter 1, part 4, or court order, a person, corporation, association, organization, state-supported institution, or individual employee of a corporation, association, organization, or state-supported institution may not:

(i) procure, solicit to perform, arrange to perform, or perform surgical procedures on a child;

(ii) procure, solicit to perform, arrange to perform, or perform a physical examination on a child;

(iii) prescribe or dispense a prescription drug to a child;

(iv) procure, solicit to perform, arrange to perform, or perform a mental health evaluation in a clinical or nonclinical setting on a child; or

(v) procure, solicit to perform, arrange to perform, or perform a mental health treatment on a child.

(b) The prohibitions in subsection (1)(a) do not apply if the parent of the child has provided consent for the medical care to be provided. If the parental consent is given through telemedicine, the health professional shall verify the identity of the parent at the site where the consent is given.

(2) Unless a parent's decisionmaking rights have been limited by court order, a hospital, as defined in 50-5-101 , is prohibited from allowing a surgical procedure to be performed on a child in its facilities unless the hospital has first received consent from a parent of the child.

(3) The provisions of this section do not apply when a physician determines that an emergency exists and that it is necessary to perform an activity described in subsection (1)(a) to prevent death or imminent, irreparable physical injury to a child or when a parent cannot be located or contacted after a reasonably diligent effort.

(4) The provisions of this section do not apply to an abortion, which is governed by the provisions of Title 50, chapter 20.
Mont. Code Ann. § 40-5-434 — MT Code / Title 40 / Chapter 5 / Part 4 / Section 40-5-434
40-5-434 Initiation of income withholding in other jurisdictions
Status: in_force

40-5-434 . Initiation of income withholding in other jurisdictions. Whenever the department is authorized or required under the laws of this state to enforce and collect on a support order and the obligor is employed or has a source of income outside of the state, the department shall request the Title IV-D agency responsible for income withholding in that jurisdiction to implement income-withholding procedures. The department shall compile and transmit to the withholding agency of the other jurisdiction all documentation required by the law of that jurisdiction necessary for the purpose of obtaining an income-withholding order in that jurisdiction. The department shall also transmit to the withholding agency a certified copy of any subsequent modification of the support order.