reglab/housing_qa huggingface dataset:
MT Code § 42-4-102 (2021)
2021 Montana Code Annotated|Title 42. Adoption|Chapter 4. Placements for Adoption|Part 1. Direct Parental Placements|42-4-102. Duties of placing parent

  42-4-102. Duties of placing parent. (1) A parent who is directly placing a child for adoption shall execute a voluntary relinquishment and consent to adopt, including:  (a) receiving the adoptive decision support services required by 42-2-409; and   (b) if the parent is a minor, being advised by legal counsel other than the attorney representing the prospective adoptive parent.   (2) A placing parent shall identify and provide information on the location of any other legal parent or guardian of the child and any other person required to receive notice under 42-2-605, including:   (a) any current spouse;   (b) any spouse who is the other birth parent and to whom the parent was married at the probable time of conception or birth of the child; and   (c) any adoptive parent.   (3) A placing parent shall identify and provide information pertaining to any Indian heritage of the child that would bring the child within the jurisdiction of the Indian Child Welfare Act, 25 U.S.C. 1901, et seq.   (4) A parent placing a child for adoption in a direct parental placement adoption shall provide:   (a) the disclosures of medical and social history required pursuant to 42-3-101;   (b) a certified copy of the child's birth certificate or other document certifying the place and date of the child's birth; and   (c) a certified copy of any existing court orders pertaining to custody or visitation of the child.   (5) A parent placing a child for adoption in a direct parental placement adoption shall file a notice of parental placement.   (6) A parent placing a child for adoption in a direct parental placement adoption shall file a disclosure of all disbursements made to or for the benefit of the parent by the prospective adoptive parent or any person acting on behalf of the prospective adoptive parent.   (7) Subject to the limitations set in 42-7-102, expenses for adoptive decision support services, postadoptive counseling, outpatient mental health services, legal fees, and the reasonable costs of preparing reports documenting the required disclosures of medical and social history and the disclosures documenting disbursements are allowable expenses that can be paid for by the prospective adoptive parent.   History: En. Sec. 94, Ch. 480, L. 1997; amd. Sec. 6, Ch. 175, L. 2021.
MT Code § 42-4-103 (2021)
2021 Montana Code Annotated|Title 42. Adoption|Chapter 4. Placements for Adoption|Part 1. Direct Parental Placements|42-4-103. Direct parental placement -- information to be filed

  42-4-103. Direct parental placement -- information to be filed. (1) A parent who proposes to place a child for adoption with a prospective adoptive parent who resides in Montana and who is not the child's stepparent or an extended family member shall file with the court of the county in which the prospective adoptive parent or the parent making the placement resides the following:  (a) a notice of parental placement containing the following information:   (i) the name and address of the placing parent;   (ii) the name and address of each prospective adoptive parent;   (iii) the name and address or expected date and place of birth of the child;   (iv) the identity and information on the location of any other legal parent or guardian of the child and any other person required to receive notice under 42-2-605, including any current spouse, any spouse who is the other birth parent and to whom the parent was married at the probable time of conception or birth of the child, and any adoptive parent;   (v) all relevant information pertaining to any Indian heritage of the child that would bring the child within the jurisdiction of the Indian Child Welfare Act, 25 U.S.C. 1901, et seq.; and   (vi) the name and address of counsel, a guardian ad litem, or other representative, if any, of each of the parties mentioned in subsections (1)(a)(i) through (1)(a)(iii);   (b) a relinquishment and consent to adoption of the child by the adoptive parent;   (c) the adoptive decision support services report required by 42-2-409;   (d) the medical and social history disclosures required by 42-3-101;   (e) a report of disbursements identifying all payments made to or to the benefit of the placing parent by the prospective adoptive parent or anyone acting on the parent's behalf that contains a statement by each person furnishing information in the report attesting to the truthfulness of the information furnished by that person;   (f) a certified copy of the child's birth certificate or other document certifying the place and date of the child's birth;   (g) a certified copy of any existing court orders pertaining to custody or visitation of the child; and   (h) the preplacement evaluation.   (2) The notice of parental placement must be signed by the parent making the placement.   History: En. Sec. 95, Ch. 480, L. 1997; amd. Sec. 7, Ch. 175, L. 2021.
MT Code § 42-4-104 (2021)
2021 Montana Code Annotated|Title 42. Adoption|Chapter 4. Placements for Adoption|Part 1. Direct Parental Placements|42-4-104. and 42-4-105 reserved

  42-4-104 and 42-4-105 reserved.
MT Code § 42-4-106 (2021)
2021 Montana Code Annotated|Title 42. Adoption|Chapter 4. Placements for Adoption|Part 1. Direct Parental Placements|42-4-106. Duty of prospective adoptive parent to provide preplacement evaluation

  42-4-106. Duty of prospective adoptive parent to provide preplacement evaluation. (1) Prior to taking custody of a child whom the prospective adoptive parent intends to adopt, the prospective adoptive parent shall obtain a favorable preplacement evaluation.   (2) A 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.   History: En. Sec. 96, Ch. 480, L. 1997.
MT Code § 42-4-107 (2021)
2021 Montana Code Annotated|Title 42. Adoption|Chapter 4. Placements for Adoption|Part 1. Direct Parental Placements|42-4-107. through 42-4-109 reserved

  42-4-107 through 42-4-109 reserved.
MT Code § 42-4-110 (2021)
2021 Montana Code Annotated|Title 42. Adoption|Chapter 4. Placements for Adoption|Part 1. Direct Parental Placements|42-4-110. Duty to promptly petition

  42-4-110. Duty to promptly petition. (1) Within 30 days after the filing of a notice of parental placement or the execution of a relinquishment and consent to the adoption of the child, whichever is later, a prospective adoptive parent shall promptly act to resolve the child's legal status by filing:   (a) a petition for termination of parental rights for purposes of adoption, including a request for custody, that includes:   (i) the relinquishment and consent to adopt executed by any legal parent other than the placing parent who has filed the notice of parental placement;   (ii) a certified copy of any court order terminating the rights and duties of any parent or guardian of the child; and   (iii) any other evidence supporting termination of the legal rights a person has with regard to the child;   (b) a petition to adopt the child who is the subject of the proceedings;   (c) a copy of the preplacement evaluation pertaining to the adoptive parent;   (d) a copy of an agreement with the department or a licensed child-placing agency agreeing to accept supervision over the postplacement evaluation period and to prepare the postplacement evaluation;   (e) a disclosure of all disbursements made with regard to the adoptive placement to date; and   (f) an affidavit from the department reporting on whether any individual has registered with the putative father registry and claims an interest in the child.   (2) The prospective adoptive parent shall request that the court promptly notice the matters provided for in subsection (1) for hearing in a timely manner.   History: En. Sec. 97, Ch. 480, L. 1997.
MT Code § 42-4-111 (2021)
2021 Montana Code Annotated|Title 42. Adoption|Chapter 4. Placements for Adoption|Part 1. Direct Parental Placements|42-4-111. Custody order

  42-4-111. Custody order. (1) The court shall consider the petition to adopt and shall make a determination as to whether temporary custody should be awarded to the petitioner. In making that determination, the court shall consider:   (a) the preplacement evaluation that pertains specifically to placement of the child who is the subject of the adoption petition with the petitioner; and   (b) if any significant change in the petitioner's or child's circumstances has occurred since preparation of the preplacement evaluation.   (2) Upon a determination that it is in the best interests of the child, the court shall enter an order granting temporary custody to the prospective adoptive parent.   (3) Upon a determination that it is not in the best interests of the child to place custody with the prospective adoptive parent, the court shall deny the petition to terminate parental rights of the placing parent and shall make any other order with regard to the custody of the child that is necessary to protect the well-being of the child.   History: En. Sec. 98, Ch. 480, L. 1997.
MT Code § 42-4-112 (2021)
2021 Montana Code Annotated|Title 42. Adoption|Chapter 4. Placements for Adoption|Part 1. Direct Parental Placements|42-4-112. Period for postplacement supervision

  42-4-112. Period for postplacement supervision. (1) In a direct parental placement adoption, the court shall maintain jurisdiction over the placement during a postplacement evaluation period and issue an order for postplacement supervision and a postplacement evaluation.   (2) The postplacement evaluation period must be supervised and evaluated by a licensed social worker or other qualified person appointed, contracted with, or employed by:   (a) the department, if the department has accepted supervision of the placement; or   (b) a licensed child-placing agency.   (3) The court shall provide the evaluator with copies of the petition for adoption and the items filed with the petition.   (4) A decree of adoption may not be entered for at least 6 months from the date an order is entered granting temporary custody during the pendency of the proceedings.   History: En. Sec. 99, Ch. 480, L. 1997; amd. Sec. 23, Ch. 311, L. 2001.
MT Code § 42-4-113 (2021)
2021 Montana Code Annotated|Title 42. Adoption|Chapter 4. Placements for Adoption|Part 1. Direct Parental Placements|42-4-113. Postplacement evaluation for direct parental placement adoption

  42-4-113. Postplacement evaluation for direct parental placement adoption. (1) An evaluation must be based on a personal interview with the prospective adoptive parent in the prospective parent's home and an observation of the relationship between the child and the prospective adoptive parent.   (2) An evaluation must be in writing.   (3) At a minimum, the evaluation must include the following information:   (a) assessment of adaptation by the prospective adoptive parent to parenting the child;   (b) assessment of the health and well-being of the child in the prospective adoptive home;   (c) analysis of the level of incorporation by the child into the prospective adoptive parent's home, extended family, and community;   (d) assessment of the level of incorporation of the child's previous history into the prospective adoptive home, such as cultural or ethnic practices, or contact with former foster parents or biological relatives; and   (e) an account of any change in the prospective adoptive parent's marital status or family history, physical or mental health, home environment, property, income, or financial obligations since the filing of the preplacement evaluation.   (4) The evaluation must contain a definite recommendation stating the reasons for or against the proposed adoption.   History: En. Sec. 100, Ch. 480, L. 1997.
MT Code § 42-4-114 (2021)
2021 Montana Code Annotated|Title 42. Adoption|Chapter 4. Placements for Adoption|Part 1. Direct Parental Placements|42-4-114. Time and filing of evaluation

  42-4-114. Time and filing of evaluation. (1) Unless the court for good cause allows an earlier or later filing, the evaluator shall file a complete written evaluation with the court within not less than 90 days and not more than 180 days after receipt of the court's order for an evaluation.   (2) If an evaluation raises a specific concern, as described in 42-3-205, the evaluation must be filed immediately and must explain why the concern poses a significant risk of harm to the physical or psychological well-being of the child.   (3) An evaluator shall give the prospective adoptive parent a copy of the evaluation when it is filed with the court and shall permanently retain a copy of the evaluation and a list of every source for each item of information in the evaluation. If the evaluator ceases to conduct business in Montana, all evaluations in the evaluator's possession must be forwarded to the department for permanent retention.   History: En. Sec. 101, Ch. 480, L. 1997.
MT Code § 42-4-115 (2021)
2021 Montana Code Annotated|Title 42. Adoption|Chapter 4. Placements for Adoption|Part 1. Direct Parental Placements|42-4-115. Motion to enter adoption decree

  42-4-115. Motion to enter adoption decree. (1) The prospective adoptive parent may file a motion for entry of an adoption decree no sooner than 6 months after the court has granted temporary custody to the prospective adoptive parent.   (2) The motion must be supported by the following documents:   (a) the postplacement evaluation prepared pursuant to 42-4-113; and   (b) an updated list of all disbursements made in connection with the adoption proceeding.   (3) A notice of hearing is not required for any party whose parental rights have been terminated in prior proceedings.   (4) The court shall consider the petition and shall grant or deny the petition pursuant to the provisions of 42-4-405 and 42-5-101 through 42-5-109.   (5) If the petition to adopt is denied, the court shall provide notice to the placing parent that the petition has been denied and shall take appropriate action for placement of the child pursuant to 42-5-106.   (6) Finality of the decree or the order denying the decree and the time for appeal are determined pursuant to 42-5-203.   History: En. Sec. 102, Ch. 480, L. 1997.
MT Code § 42-4-116 (2021)
2021 Montana Code Annotated|Title 42. Adoption|Chapter 4. Placements for Adoption|Part 1. Direct Parental Placements|42-4-116. Records

  42-4-116. Records. All records filed with the court in a direct parental placement adoption must be permanently maintained by the court.   History: En. Sec. 103, Ch. 480, L. 1997.
MT Code § 42-4-201 (2021)
2021 Montana Code Annotated|Title 42. Adoption|Chapter 4. Placements for Adoption|Part 2. Placements by Department or Licensed Child-Placing Agency|42-4-201. Factors to be considered -- best interests of child

  42-4-201. Factors to be considered -- best interests of child. (1) All relevant factors must be considered in determining the best interests of the child in an adoption proceeding. Factors relevant to the determination of a prospective adoptive parent's parenting ability, the future security for a child, and familial stability must be considered. In determining the best interests of the child, the following factors with regard to a prospective adoptive parent may be considered:   (a) age, as it relates to health, earning capacity, provisions for the support of a child, or other relevant circumstances;   (b) marital status, as it relates to the ability to serve as a parent in particularized circumstances; and   (c) religion, as it relates to the ability to provide the child with an opportunity for religious or spiritual and ethical development and as it relates to the express preference of a birth parent or a child to be placed with an adoptive parent of a particular religious faith or denomination.   (2) For purposes of ensuring that the best interests of the child are met, the department or a licensed child-placing agency is authorized to gather and use, in an appropriate, nonarbitrary manner, information concerning the age, marital status, and religious beliefs of a prospective adoptive parent. The authority granted by this subsection includes the authority to receive and to consider, consistent with the best interests of the child, the preferences of birth parents relating to the age, marital status, or religious beliefs of an adoptive parent.   (3) Consideration of religious factors by a licensed child-placing agency that is affiliated with a particular religious faith is not arbitrary consideration of religion within the meaning of this section.   History: En. Sec. 104, Ch. 480, L. 1997.
MT Code § 42-4-202 (2021)
2021 Montana Code Annotated|Title 42. Adoption|Chapter 4. Placements for Adoption|Part 2. Placements by Department or Licensed Child-Placing Agency|42-4-202. Parties to department or agency placement

  42-4-202. Parties to department or agency placement. A parent of a child may relinquish the child for adoption to the department or a licensed child-placing agency. The department or agency shall agree in writing to accept the relinquishment of a placing parent as provided in 42-2-402 before the relinquishment is valid.   History: En. Sec. 105, Ch. 480, L. 1997.
MT Code § 42-4-203 (2021)
2021 Montana Code Annotated|Title 42. Adoption|Chapter 4. Placements for Adoption|Part 2. Placements by Department or Licensed Child-Placing Agency|42-4-203. Duties of placing parent

  42-4-203. Duties of placing parent. (1) A parent who is placing a child for adoption shall comply with the provisions for executing a voluntary relinquishment and consent to adopt.   (2) A parent placing a child for adoption shall identify and provide information on the location of:   (a) any other legal parent or guardian of the child and any other person required to receive notice under 42-2-605, including any current spouse; and   (b) any spouse who is the other birth parent and to whom the parent was married at the probable time of conception or birth of the child.   (3) A parent placing a child for adoption shall identify and provide information pertaining to any Indian heritage of the child that would bring the child within the jurisdiction of the Indian Child Welfare Act, 25 U.S.C. 1901, et seq.   (4) A parent placing a child for adoption shall provide:   (a) the disclosures of medical and social history;   (b) a certified copy of the child's birth certificate or other document certifying the place and date of the child's birth; and   (c) a certified copy of any existing court orders pertaining to custody or visitation of the child.   History: En. Sec. 106, Ch. 480, L. 1997.
MT Code § 42-4-204 (2021)
2021 Montana Code Annotated|Title 42. Adoption|Chapter 4. Placements for Adoption|Part 2. Placements by Department or Licensed Child-Placing Agency|42-4-204. Counseling requirements

  42-4-204. Counseling requirements. To the extent required by this title and the department's or agency's standards, the department or agency shall provide counseling to the parties involved in the adoption.   History: En. Sec. 107, Ch. 480, L. 1997.
MT Code § 42-4-205 (2021)
2021 Montana Code Annotated|Title 42. Adoption|Chapter 4. Placements for Adoption|Part 2. Placements by Department or Licensed Child-Placing Agency|42-4-205. Waiting period following placement of child

  42-4-205. Waiting period following placement of child. (1) Once the department or agency has received custody of the child and placed the child for adoption, the department or agency shall supervise and evaluate the placement during a 6-month postplacement evaluation period.   (2) The department or agency may recommend in the postplacement evaluation filed with the petition for adoption that the court issue a decree of adoption sooner than the 6-month postplacement evaluation period if:   (a) (i) a period of at least 6 months has elapsed since the department or agency placed the child in the prospective adoptive home; and   (ii) the department or agency has completed a postplacement evaluation during that period; or   (b) (i) a postplacement evaluation has been completed and filed with the court; and   (ii) there are detailed extenuating circumstances supporting a waiver of the 6-month postplacement evaluation period.   (3) The department or an agency may recommend the waiver of the 6-month postplacement evaluation period and the postplacement evaluation if the adoptee has been in the petitioner's home as a foster child for at least 1 year.   History: En. Sec. 108, Ch. 480, L. 1997.
MT Code § 42-4-206 (2021)
2021 Montana Code Annotated|Title 42. Adoption|Chapter 4. Placements for Adoption|Part 2. Placements by Department or Licensed Child-Placing Agency|42-4-206. Petition for adoption filed by prospective adoptive parent

  42-4-206. Petition for adoption filed by prospective adoptive parent. After the child has been placed by the department or agency with the prospective adoptive parent, the parent shall file a petition for adoption.   History: En. Sec. 109, Ch. 480, L. 1997.
MT Code § 42-4-207 (2021)
2021 Montana Code Annotated|Title 42. Adoption|Chapter 4. Placements for Adoption|Part 2. Placements by Department or Licensed Child-Placing Agency|42-4-207. and 42-4-208 reserved

  42-4-207 and 42-4-208 reserved.
MT Code § 42-4-209 (2021)
2021 Montana Code Annotated|Title 42. Adoption|Chapter 4. Placements for Adoption|Part 2. Placements by Department or Licensed Child-Placing Agency|42-4-209. Postplacement department or agency evaluation

  42-4-209. Postplacement department or agency evaluation. (1) The department or agency shall complete a written postplacement evaluation. The postplacement evaluation must be conducted according to the department's or agency's standards for placement of a child and at a minimum must include a personal interview with the prospective adoptive parent in that person's home and observation of the relationship between the child and the prospective adoptive parent.   (2) Upon the filing of a petition for adoption by the prospective adoptive parent, the department or agency shall file the postplacement evaluation.   (3) The evaluation must include the following information:   (a) whether the child is legally free for adoption;   (b) whether the proposed home is suitable for the child;   (c) a statement that the medical and social histories of the birth parents and child have been provided to the prospective adoptive parent;   (d) an assessment of adaptation by the prospective adoptive parent to parenting the child;   (e) a statement that the 6-month postplacement evaluation period has been complied with or should be waived;   (f) any other circumstances and conditions that may have a bearing on the adoption and of which the court should have knowledge;   (g) whether the agency waives notice of the proceeding;   (h) a statement that any applicable provision of law governing an interstate or intercountry placement of the child has been complied with; and   (i) a statement of compliance with any applicable provisions of the Indian Child Welfare Act, 25 U.S.C. 1901, et seq.   (4) The evaluation must contain a definite recommendation stating the reasons for or against the proposed adoption.   History: En. Sec. 110, Ch. 480, L. 1997.
MT Code § 42-4-210 (2021)
2021 Montana Code Annotated|Title 42. Adoption|Chapter 4. Placements for Adoption|Part 2. Placements by Department or Licensed Child-Placing Agency|42-4-210. Consent to adoption

  42-4-210. Consent to adoption. (1) Upon the filing of the petition for adoption by the prospective adoptive parent, the department or agency that has custody of the child shall file its consent to adoption.   (2) Except as provided in subsection (3), the withdrawal of a consent for an adoption filed by the department or an agency in connection with that petition for adoption is not permitted.   (3) Upon a motion to withdraw consent, notice and opportunity to be heard must be given to the petitioner and to the person seeking to withdraw consent. The court may, if it finds that the best interests of the child will be furthered, issue a written order permitting the withdrawal of the consent.   (4) The entry of a decree of adoption renders a consent irrevocable.   History: En. Sec. 111, Ch. 480, L. 1997.