reglab/housing_qa huggingface dataset:
MT Code § 42-2-607 (2021)
2021 Montana Code Annotated|Title 42. Adoption|Chapter 2. Adoption of Child|Part 6. Petition to Terminate Parental Rights|42-2-607. Grounds for termination of parental rights

  42-2-607. Grounds for termination of parental rights. The court may terminate a parent's rights to a child who is the subject of an adoption proceeding based upon:   (1) the voluntary acts of the parent in:   (a) executing a voluntary relinquishment and consent to adopt;   (b) submitting a notarized denial of paternity executed pursuant to 42-2-421; or   (c) submitting a notarized acknowledgment of paternity and denial of interest in custody of the child executed pursuant to 42-2-422;   (2) a determination under 42-2-608 that the parent is unfit;   (3) a determination under 42-2-609 that the relationship of parent and child does not exist;   (4) a determination under 42-2-610 that a putative father has failed to establish and maintain a substantial relationship with the child; or   (5) a determination that the parent has irrevocably waived parental rights by failing to timely act to protect the rights.   History: En. Sec. 70, Ch. 480, L. 1997; amd. Sec. 5, Ch. 257, L. 1999.
MT Code § 42-2-609 (2021)
2021 Montana Code Annotated|Title 42. Adoption|Chapter 2. Adoption of Child|Part 6. Petition to Terminate Parental Rights|42-2-609. Determination that no parent and child relationship exists

  42-2-609. Determination that no parent and child relationship exists. For purposes of making a child available for adoption, the court may terminate the parental rights of a putative father on the grounds that the parent and child relationship does not exist if:   (1) a judicial determination is made under 40-6-107 that the parent and child relationship does not exist. This includes the termination of the parental rights of the husband of the mother who is placing the child for adoption or the parental rights of an individual who is a presumed father of the child.   (2) a determination is made that:   (a) an individual has not timely registered with the putative father registry;   (b) an individual has not been adjudicated, in Montana, to be the father of the child for the purpose of child support;   (c) an individual has not been recorded on the child's birth certificate as the child's father;   (d) an individual has not openly lived with the child and the child's mother at the time that the proceeding is initiated or at the time that the child was placed in the care of an authorized agency and an individual is not representing to the public that the individual is the child's father; and   (e) the child's mother was not married to the person who is the subject of the termination proceedings at the probable time of the child's conception or at the time that the child was born; or   (3) a putative father appears at the hearing but is unable to establish by a preponderance of the evidence the minimum requirements provided in 42-2-610 for demonstrating the establishment of a substantial relationship with the child.   History: En. Sec. 72, Ch. 480, L. 1997; amd. Sec. 6, Ch. 257, L. 1999.
MT Code § 42-2-611 (2021)
2021 Montana Code Annotated|Title 42. Adoption|Chapter 2. Adoption of Child|Part 6. Petition to Terminate Parental Rights|42-2-611. Irrevocable waiver of parental rights

  42-2-611. Irrevocable waiver of parental rights. (1) The court may find an irrevocable waiver of parental rights of:   (a) a putative father who was timely served with notice of intent to release if the court is provided with proof of service and proof that the putative father failed to timely comply with the requirements of the putative father registry;   (b) a parent or putative father who is served with notice of proceedings and fails to appear at the hearing; or   (c) a parent or putative father who is served with notice of proceedings and appears and denies any interest in custody of the child.   (2) The court may terminate parental rights under this section upon a finding of irrevocable waiver of all rights to the child.   History: En. Secs. 74, 75, Ch. 480, L. 1997.
MT Code § 42-2-612 (2021)
2021 Montana Code Annotated|Title 42. Adoption|Chapter 2. Adoption of Child|Part 6. Petition to Terminate Parental Rights|42-2-612. through 42-2-615 reserved

  42-2-612 through 42-2-615 reserved.
MT Code § 42-2-616 (2021)
2021 Montana Code Annotated|Title 42. Adoption|Chapter 2. Adoption of Child|Part 6. Petition to Terminate Parental Rights|42-2-616. Appearance of parent at hearing -- determination of custody

  42-2-616. Appearance of parent at hearing -- determination of custody. (1) If a parent appears at the hearing on the petition to terminate parental rights, objects to the termination of rights, and requests custody of the child, the court shall set deadlines that allow the parties to complete discovery and shall set a hearing on the determination of the parent's rights to the child.   (2) At the hearing, the court shall consider whether there is a basis for terminating parental rights and whether the best interests of the child will be served by granting custody to the respondent parent, the department, a licensed child-placing agency, or a prospective adoptive parent in a direct parental placement adoption.   (3) If the petitioner has established that there are grounds for terminating parental rights and it is in the best interests of the child for termination to occur, those rights must be terminated.   History: En. Sec. 76, Ch. 480, L. 1997.
MT Code § 42-2-617 (2021)
2021 Montana Code Annotated|Title 42. Adoption|Chapter 2. Adoption of Child|Part 6. Petition to Terminate Parental Rights|42-2-617. Effect of order terminating parental rights

  42-2-617. Effect of order terminating parental rights. (1) An order granting the petition for termination of parental rights:   (a) terminates the parent and child relationship except for an obligation for arrearages of child support;   (b) terminates the jurisdiction of the court over the child in any dissolution or separate maintenance action;   (c) extinguishes any right the parent had to withhold consent to a proposed adoption of the child or to further notice of a proceeding for adoption; and   (d) awards custody of the child to the department, agency, or prospective adoptive parent to whom the relinquishment was given if the department, agency, or prospective adoptive parent has agreed in writing to accept custody of the child until the adoption is finalized.   (2) A person accepting custody is responsible for the support of the child.   History: En. Sec. 77, Ch. 480, L. 1997.
MT Code § 42-2-618 (2021)
2021 Montana Code Annotated|Title 42. Adoption|Chapter 2. Adoption of Child|Part 6. Petition to Terminate Parental Rights|42-2-618. Appeal

  42-2-618. Appeal. An order terminating parental rights is a final order for purposes of appeal.   History: En. Sec. 78, Ch. 480, L. 1997.
MT Code § 42-2-619 (2021)
2021 Montana Code Annotated|Title 42. Adoption|Chapter 2. Adoption of Child|Part 6. Petition to Terminate Parental Rights|42-2-619. Expediency

  42-2-619. Expediency. A contested termination of parental rights action must take precedence over other cases and matters in the court or on appeal. The court shall examine any issues raised in challenging termination of a parent's rights or regarding the validity of any adoption decree and shall render a decision as soon as possible.   History: En. Sec. 79, Ch. 480, L. 1997; amd. Sec. 8, Ch. 257, L. 1999.
MT Code § 42-2-620 (2021)
2021 Montana Code Annotated|Title 42. Adoption|Chapter 2. Adoption of Child|Part 6. Petition to Terminate Parental Rights|42-2-620. Finality

  42-2-620. Finality. Subject to the disposition of a timely appeal, upon expiration of 6 months after an order terminating parental rights has been issued, the order may not be questioned by any person, in any manner, or upon any ground, including fraud, misrepresentation, failure to give any required notice, or lack of jurisdiction of the parties or the subject matter.   History: En. Sec. 80, Ch. 480, L. 1997.
MT Code § 42-3-101 (2021)
2021 Montana Code Annotated|Title 42. Adoption|Chapter 3. Requirements of Parties in Adoption|Part 1. Duty of Placing Party to Disclose Information|42-3-101. Duty to disclose information -- form -- availability -- filing

  42-3-101. Duty to disclose information -- form -- availability -- filing. (1) Except for an adoption proceeding by a stepparent, in any adoption under this title, a birth parent, the department, or an agency shall provide a prospective adoptive parent with social and medical histories of the birth families, including tribal affiliation, if applicable.   (2) In a direct parental placement adoption, the birth family social and medical histories must be completed on a form provided by the department and filed with the court when the adoption petition is filed.   (3) The department shall make a form available to agencies and court administrators for public distribution.   History: En. Sec. 81, Ch. 480, L. 1997.
MT Code § 42-3-102 (2021)
2021 Montana Code Annotated|Title 42. Adoption|Chapter 3. Requirements of Parties in Adoption|Part 1. Duty of Placing Party to Disclose Information|42-3-102. Retention of disclosures

  42-3-102. Retention of disclosures. (1) In a direct parental placement adoption, the disclosures required by 42-3-101 must be filed with the court in support of the notice of parental placement filed pursuant to 42-4-103 and must be permanently maintained.   (2) In an adoption arranged by the department or an agency, the disclosures required by 42-3-101 must be permanently maintained in the files of the department or the agency.   History: En. Sec. 82, Ch. 480, L. 1997.
MT Code § 42-3-201 (2021)
2021 Montana Code Annotated|Title 42. Adoption|Chapter 3. Requirements of Parties in Adoption|Part 2. Requirements of Prospective Adoptive Parents|42-3-201. Preplacement evaluation -- timing

  42-3-201. Preplacement evaluation -- timing. (1) A child may not be placed for purposes of adoption unless the person with whom a child is proposed to be placed has had a preplacement evaluation completed to determine fitness and readiness as an adoptive parent.   (2) In a direct parental placement adoption, the placing parent must be provided with a copy of the preplacement evaluation prior to execution of a relinquishment and consent to adoption of the child.   (3) The required preplacement evaluation must provide all pertinent information pertaining to the topics identified in 42-3-203.   History: En. Sec. 83, Ch. 480, L. 1997.
MT Code § 42-3-202 (2021)
2021 Montana Code Annotated|Title 42. Adoption|Chapter 3. Requirements of Parties in Adoption|Part 2. Requirements of Prospective Adoptive Parents|42-3-202. Initiation of preplacement evaluation -- who conducts evaluation -- payment of fees

  42-3-202. Initiation of preplacement evaluation -- who conducts evaluation -- payment of fees. (1) A prospective adoptive parent who wishes to adopt a child may initiate the process by:   (a) establishing a client relationship with the department or a licensed child-placing agency; or   (b) requesting a preplacement evaluation from the department, a licensed social worker, or a licensed child-placing agency.   (2) In a direct parental placement adoption, the preplacement evaluation must be conducted by either a licensed social worker or a licensed child-placing agency.   (3) The prospective adoptive parent and the home of the prospective adoptive parent must be studied and evaluated according to the provisions of this part.   (4) A department or agency from which an individual is seeking to adopt a child may require the individual to be evaluated by its own qualified employee or independent contractor even if the individual has received a favorable preplacement evaluation from another evaluator.   (5) Fees for the study and report are set by the entity completing them and must be paid for by the prospective adoptive parent.   History: En. Sec. 84, Ch. 480, L. 1997; amd. Sec. 21, Ch. 311, L. 2001.
MT Code § 42-3-203 (2021)
2021 Montana Code Annotated|Title 42. Adoption|Chapter 3. Requirements of Parties in Adoption|Part 2. Requirements of Prospective Adoptive Parents|42-3-203. Information to be reviewed in conducting preplacement evaluation

  42-3-203. Information to be reviewed in conducting preplacement evaluation. (1) A preplacement evaluation must include a review of the following information about the prospective adoptive parent:   (a) a check of criminal conviction data, data on substantiated abuse or neglect of a child under Title 41, chapter 3, and data pertaining to any involvement in incidents of domestic violence;   (b) medical and social history and current health;   (c) assessment of potential parenting skills;   (d) assessment of ability to provide adequate financial support for a child; and   (e) assessment of the level of knowledge and awareness of adoption issues, including, when appropriate, matters relating to open, interracial, cross-cultural, and special needs adoptions.   (2) (a) The prospective adoptive parent, the department of justice, and other state, county, and local agencies, after written notice to the subject of the study, shall give the evaluator completing the adoption study substantiated data pertaining to criminal convictions and any reports concerning domestic violence and substantiated abuse or neglect of children or vulnerable adults.   (b) The adoption study may also include a check of the youth court records of any person living in the prospective home. Pursuant to 41-5-215 and 41-5-216, the youth court shall release the requested information to the evaluator completing the adoption study. If applicable, the study must include an evaluation of the effect of a conviction, adjudication, or finding of substantiated abuse or neglect on the ability to care for a child.   (3) The preplacement evaluation must include at least one in-home visit with the prospective adoptive parent and at least one interview with each family member.   History: En. Sec. 85, Ch. 480, L. 1997; amd. Sec. 9, Ch. 257, L. 1999.
MT Code § 42-3-204 (2021)
2021 Montana Code Annotated|Title 42. Adoption|Chapter 3. Requirements of Parties in Adoption|Part 2. Requirements of Prospective Adoptive Parents|42-3-204. Contents of preplacement evaluation

  42-3-204. Contents of preplacement evaluation. (1) The preplacement evaluation report must contain the following information if available:   (a) age and date of birth, nationality, racial or ethnic background, and any religious affiliation;   (b) marital status and family history, including the age and location of any child of the individual and the identity of and relationship to anyone else living in the individual's household;   (c) physical and mental health and any history of abuse of alcohol or drugs;   (d) educational and employment history and any special skills;   (e) property and income, including outstanding financial obligations as indicated in a current credit report or financial statement furnished by the individual;   (f) any previous request for an evaluation or involvement in an adoptive placement and the outcome of the evaluation or placement;   (g) whether the individual has been charged with or convicted of domestic violence or has been involved in a substantiated charge of child abuse or neglect or elder abuse or neglect and the disposition of the charges;   (h) whether the individual is subject to a court order restricting the individual's right to custody or visitation with a child;   (i) whether the individual has been convicted of a crime other than a minor traffic violation;   (j) whether the individual has located a parent interested in placing a child with the individual for adoption and, if so, a brief description of the parent and the child; and   (k) any other fact or circumstance that may be relevant in determining whether the individual is suited to be an adoptive parent, including the quality of the environment in the individual's home and the functioning of other children in the individual's household.   (2) The report must contain recommendations regarding the suitability of the subject of the study to be an adoptive parent.   (3) A preplacement evaluation is valid for 1 year following its date of completion and must be updated if there is a significant change in circumstances.   (4) Prior to accepting physical custody of a child for purposes of adoption, a prospective adoptive parent must have the preplacement evaluation completed by the evaluator, and the evaluation must specifically address the appropriateness of placing the specifically identified child or children who will be the subject of the adoption proceedings with the prospective adoptive parent.   History: En. Sec. 86, Ch. 480, L. 1997.
MT Code § 42-3-205 (2021)
2021 Montana Code Annotated|Title 42. Adoption|Chapter 3. Requirements of Parties in Adoption|Part 2. Requirements of Prospective Adoptive Parents|42-3-205. Recommendation

  42-3-205. Recommendation. (1) An evaluator shall assess the information required by 42-3-203 to determine if it raises a specific concern that placement of any child or a particular child in the home of the individual would pose a significant risk of harm to the physical or psychological well-being of the child.   (2) If an evaluator determines that the information assessed does not raise a specific concern, the evaluator shall find that the individual is suited to be an adoptive parent. The evaluator may comment about any factor that in the evaluator's opinion makes the individual suited in general or for a particular child.   (3) If an evaluator determines that the information assessed raises a specific concern, the evaluator, on the basis of the original or any further investigation, shall find that the individual is or is not suited to be an adoptive parent. The evaluator shall support the finding with a written explanation.   History: En. Sec. 87, Ch. 480, L. 1997.
MT Code § 42-3-206 (2021)
2021 Montana Code Annotated|Title 42. Adoption|Chapter 3. Requirements of Parties in Adoption|Part 2. Requirements of Prospective Adoptive Parents|42-3-206. Distribution of evaluation -- retention -- immunity for evaluator

  42-3-206. Distribution of evaluation -- retention -- immunity for evaluator. (1) The evaluator shall furnish a copy of the evaluation to a department, agency, or other person authorized to place a child for adoption and, upon payment by the person evaluated of the cost of the evaluation services, to the person evaluated.   (2) An evaluator shall retain the original of a completed or incomplete preplacement evaluation and a list of each source for each item of information in the evaluation. An evaluator who ceases to do business in Montana shall give the evaluator's records to the department for retention.   (3) An evaluator, except a department evaluator, who conducted an evaluation in good faith is not subject to civil liability for anything contained in the evaluation.   History: En. Sec. 88, Ch. 480, L. 1997.
MT Code § 42-3-207 (2021)
2021 Montana Code Annotated|Title 42. Adoption|Chapter 3. Requirements of Parties in Adoption|Part 2. Requirements of Prospective Adoptive Parents|42-3-207. Action by department

  42-3-207. Action by department. If, before a decree of adoption is issued, the department learns from an evaluator or another person that a child has been placed for adoption with an individual who is the subject of a preplacement evaluation on file with the department containing a finding of unsuitability, the department shall immediately review the evaluation and make a determination of whether the department has authority pursuant to Title 41, chapter 3, to intervene.   History: En. Sec. 89, Ch. 480, L. 1997.
MT Code § 42-3-208 (2021)
2021 Montana Code Annotated|Title 42. Adoption|Chapter 3. Requirements of Parties in Adoption|Part 2. Requirements of Prospective Adoptive Parents|42-3-208. through 42-3-211 reserved

  42-3-208 through 42-3-211 reserved.
MT Code § 42-3-212 (2021)
2021 Montana Code Annotated|Title 42. Adoption|Chapter 3. Requirements of Parties in Adoption|Part 2. Requirements of Prospective Adoptive Parents|42-3-212. Court waiver for relatives

  42-3-212. Court waiver for relatives. In a direct parental placement adoption, if the court is satisfied that adoption is in the best interests of the child, the court may waive the requirement of a preplacement and postplacement evaluation when a parent or guardian places a child for adoption directly with an extended family member of the child.   History: En. Sec. 90, Ch. 480, L. 1997; amd. Sec. 10, Ch. 257, L. 1999; amd. Sec. 21, Ch. 504, L. 2003.
MT Code § 42-3-213 (2021)
2021 Montana Code Annotated|Title 42. Adoption|Chapter 3. Requirements of Parties in Adoption|Part 2. Requirements of Prospective Adoptive Parents|42-3-213. Filing of evaluation in adoption proceedings

  42-3-213. Filing of evaluation in adoption proceedings. (1) In a direct parental placement adoption, the preplacement evaluation report must be filed with the court in support of the petition to terminate parental rights for purposes of adoption.   (2) In an adoption arranged by the department or a licensed child-placing agency, the preplacement evaluation report must be permanently maintained in the files of the department or the licensed child-placing agency.   History: En. Sec. 91, Ch. 480, L. 1997; amd. Sec. 11, Ch. 257, L. 1999.
MT Code § 42-3-301 (2021)
2021 Montana Code Annotated|Title 42. Adoption|Chapter 3. Requirements of Parties in Adoption|Part 3. Requirements of Department or Licensed Child-Placing Agency|42-3-301. Requirement for preplacement evaluation

  42-3-301. Requirement for preplacement evaluation. (1) Before the department or licensed child-placing agency may place a child for purposes of adoption, the prospective adoptive parent and the home of the prospective adoptive parent must be studied and evaluated as provided in part 2 of this chapter.   (2) The department or agency shall prepare a written report containing the results of its evaluation.   History: En. Sec. 92, Ch. 480, L. 1997; amd. Sec. 22, Ch. 311, L. 2001.
MT Code § 42-4-101 (2021)
2021 Montana Code Annotated|Title 42. Adoption|Chapter 4. Placements for Adoption|Part 1. Direct Parental Placements|42-4-101. Parties to direct parental placement adoption

  42-4-101. Parties to direct parental placement adoption. A parent of a child may directly place the child for adoption with a specifically identified prospective adoptive parent who:   (1) resides in Montana or in another state that allows direct parental placement;   (2) is known to and has been personally selected by the parent; and   (3) has previously obtained a favorable preplacement evaluation.   History: En. Sec. 93, Ch. 480, L. 1997.