reglab/housing_qa huggingface dataset:
MT Code § 42-5-202 (2021)
2021 Montana Code Annotated|Title 42. Adoption|Chapter 5. Legal Proceedings|Part 2. Legal Effect|42-5-202. Effect of decree

  42-5-202. Effect of decree. (1) After the decree of adoption is entered:   (a) the relationship of parent and child and all the rights, duties, and other legal consequences of the relation of parent and child exist between the adoptee and the adoptive parent and the kindred of the adoptive parent;   (b) the former parents and the kindred of the former parents of the adoptee, unless they are the adoptive parents or the spouse of an adoptive parent, are relieved of all parental responsibilities for the adoptee and have no rights over the adoptee except for a former parent's duty to pay arrearages for child support.   (2) A decree of adoption must include notice to the vital statistics bureau if it is known that either birth parent objects to release of the information on the original birth certificate upon the adoptee reaching 18 years of age.   (3) The relationship of parent and child for the purposes of intestate succession is governed by Title 72.   History: En. Sec. 136, Ch. 480, L. 1997; amd. Sec. 19, Ch. 257, L. 1999.
MT Code § 42-5-203 (2021)
2021 Montana Code Annotated|Title 42. Adoption|Chapter 5. Legal Proceedings|Part 2. Legal Effect|42-5-203. Finality of decree -- expediency

  42-5-203. Finality of decree -- expediency. (1) For purposes of appeal, the decree of adoption is a final order when it is issued.   (2) A person may appeal from the order in the manner and form provided for appeals from a judgment in civil actions.   (3) An appeal from a decree of adoption must be heard expeditiously pursuant to the provisions of 42-2-618.   History: En. Sec. 137, Ch. 480, L. 1997.
MT Code § 42-5-204 (2021)
2021 Montana Code Annotated|Title 42. Adoption|Chapter 5. Legal Proceedings|Part 2. Legal Effect|42-5-204. Rights of adoptee

  42-5-204. Rights of adoptee. A decree of adoption does not affect any right or benefit vested in the adoptee before the decree became final.   History: En. Sec. 138, Ch. 480, L. 1997.
MT Code § 42-5-205 (2021)
2021 Montana Code Annotated|Title 42. Adoption|Chapter 5. Legal Proceedings|Part 2. Legal Effect|42-5-205. Foreign adoption decrees

  42-5-205. Foreign adoption decrees. When the relationship of parent and child has been created by a decree of adoption of a court of any other state or country, the rights and obligations of the parties as to matters within the jurisdiction of this state must be determined pursuant to this title.   History: En. Sec. 139, Ch. 480, L. 1997.
MT Code § 42-5-301 (2021)
2021 Montana Code Annotated|Title 42. Adoption|Chapter 5. Legal Proceedings|Part 3. Visitation and Enforceability of Other Agreements|42-5-301. Visitation and communication agreements

  42-5-301. Visitation and communication agreements. (1) Except as otherwise provided in this title, a decree of adoption terminates any existing order or written or oral agreement for contact or communication between the adoptee and the birth parents or family.   (2) Any express written agreement entered into between the placing parent and the prospective adoptive parent after the execution of a relinquishment and consent to adoption is independent of the adoption proceedings, and any relinquishment and consent to adopt remains valid whether or not the agreement for contact or communication is later performed. Failure to perform an agreement is not grounds for setting aside an adoption decree.   (3) A court may order that an agreement for contact or communication entered into under this section may not be enforced upon a finding that:   (a) enforcement is detrimental to the child;   (b) enforcement undermines the adoptive parent's parental authority; or   (c) due to a change in circumstances, compliance with the agreement would be unduly burdensome to one or more of the parties.   History: En. Sec. 140, Ch. 480, L. 1997.
MT Code § 42-6-101 (2021)
2021 Montana Code Annotated|Title 42. Adoption|Chapter 6. Records|Part 1. Confidential Intermediaries|42-6-101. Confidentiality of records and proceedings

  42-6-101. Confidentiality of records and proceedings. (1) Unless the court orders otherwise, all hearings held in proceedings under this title are confidential and must be held in closed court without admittance of any person other than interested parties and their counsel.   (2) All papers and records pertaining to the adoption must be kept as a permanent record of the court and must be withheld from inspection. A person may not have access to the records, except:   (a) for good cause shown on order of the judge of the court in which the decree of adoption was entered;   (b) as provided in this part;   (c) as provided in 50-15-121 and 50-15-122; or   (d) the department's child support enforcement division providing services under 42 U.S.C. 651, et seq.   (3) All files and records pertaining to adoption proceedings retained by the department, a licensed child-placing agency, a lawyer, or any authorized agency are confidential and must be withheld from inspection, except as provided in 50-15-121, 50-15-122, and this part.   History: En. Sec. 141, Ch. 480, L. 1997.
MT Code § 42-6-102 (2021)
2021 Montana Code Annotated|Title 42. Adoption|Chapter 6. Records|Part 1. Confidential Intermediaries|42-6-102. Disclosure of records -- nonidentifying and identifying information -- consensual release

  42-6-102. Disclosure of records -- nonidentifying and identifying information -- consensual release. (1) The department or an authorized person or agency may disclose:   (a) nonidentifying information to an adoptee, an adoptive or birth parent, or an extended family member of an adoptee or birth parent;   (b) identifying information to a court-appointed confidential intermediary upon order of the court or as provided in 50-15-121 and 50-15-122;   (c) identifying information limited to the specific information required to assist an adoptee to become enrolled in or a member of an Indian tribe;   (d) identifying information to authorized personnel during a federal child and family services review; and   (e) an original birth certificate as provided for in 42-6-109.   (2) Information may be disclosed to any person who consents in writing to the release of confidential information to other interested persons who have also consented. Identifying information pertaining to an adoption involving an adoptee who is still a child may not be disclosed based upon a consensual exchange of information unless the adoptee's adoptive parent consents in writing.   History: En. Sec. 142, Ch. 480, L. 1997; amd. Sec. 22, Ch. 504, L. 2003; amd. Sec. 9, Ch. 382, L. 2005; amd. Sec. 2, Ch. 162, L. 2015.
MT Code § 42-6-103 (2021)
2021 Montana Code Annotated|Title 42. Adoption|Chapter 6. Records|Part 1. Confidential Intermediaries|42-6-103. Petition for appointment of confidential intermediary

  42-6-103. Petition for appointment of confidential intermediary. (1) An adult adoptee, an adoptive or birth parent, or an adult extended family member of the adoptee or birth parent may petition the court for disclosure of identifying information regarding the adoptee, a birth child, a birth parent, or an extended family member.   (2) A petition for disclosure must contain:   (a) as much of the following information as is known by the petitioner:   (i) the name, address, and identification of the petitioner;   (ii) the date of the adoptee's birth;   (iii) the county and state where the adoption occurred;   (iv) the date of the adoption; and   (v) any other information known to the petitioner concerning the birth parents, the adoptive parent, and the adoptee that could assist in locating the person being sought;   (b) written documentation from a certified confidential intermediary agreeing to conduct the search; and   (c) if the petitioner is not the adoptee or birth parent, the reason the petitioner is requesting the appointment of a confidential intermediary.   History: En. Sec. 143, Ch. 480, L. 1997.
MT Code § 42-6-104 (2021)
2021 Montana Code Annotated|Title 42. Adoption|Chapter 6. Records|Part 1. Confidential Intermediaries|42-6-104. Appointment of confidential intermediary -- duties -- payment

  42-6-104. Appointment of confidential intermediary -- duties -- payment. (1) After a petition for disclosure has been filed under 42-6-103, the court shall appoint a confidential intermediary who shall:   (a) conduct a confidential search for the person sought as requested in the petition for disclosure;   (b) refrain from disclosing directly or indirectly any identifying information to the petitioner, unless ordered to do so by the court; and   (c) make a written report of the results of the search to the court not later than 6 months after appointment.   (2) Upon appointment, a confidential intermediary is entitled to be paid a reasonable fee plus actual expenses incurred in conducting the search. The fee and expenses must be paid by the petitioner.   (3) A confidential intermediary may inspect otherwise confidential records of the court, the department, or an authorized agency for use in the search. The confidential intermediary may not disclose identifying information from the records or any results of a search unless authorized by the court or unless the parties have executed written consent to the confidential intermediary. Nonidentifying information from any source may be disclosed without further order from the court.   (4) If a confidential intermediary locates the person being sought, a confidential inquiry must be made as to whether the located person consents to having that person's present identity disclosed to the petitioner. The court may request that the confidential intermediary assist in arranging contact between the petitioner and the located person.   (5) If a confidential intermediary locates the person being sought and the located person does not consent to having that person's identity disclosed, identifying information regarding that person may be disclosed only upon order of the court for good cause shown.   (6) If the person being sought is found to be deceased, the court may order disclosure of identifying information regarding the deceased to the petitioner.   History: En. Sec. 144, Ch. 480, L. 1997.
MT Code § 42-6-105 (2021)
2021 Montana Code Annotated|Title 42. Adoption|Chapter 6. Records|Part 1. Confidential Intermediaries|42-6-105. Disclosure authorized in course of employment

  42-6-105. Disclosure authorized in course of employment. This title does not preclude an employee or agent of a court, department, or agency from:   (1) inspecting permanent, confidential, or sealed records for the purpose of discharging any obligation under this title;   (2) disclosing the name of the court in which a proceeding for adoption occurred or the name of an agency that placed an adoptee to an individual described in 42-6-103(1) who can verify the individual's identity; or   (3) disclosing nonidentifying information contained in confidential or sealed records in accordance with any other applicable state or federal law.   History: En. Sec. 145, Ch. 480, L. 1997.
MT Code § 42-6-106 (2021)
2021 Montana Code Annotated|Title 42. Adoption|Chapter 6. Records|Part 1. Confidential Intermediaries|42-6-106. through 42-6-108 reserved

  42-6-106 through 42-6-108 reserved.
MT Code § 42-6-109 (2021)
2021 Montana Code Annotated|Title 42. Adoption|Chapter 6. Records|Part 1. Confidential Intermediaries|42-6-109. Release of original birth certificate -- certificate of adoption

  42-6-109. Release of original birth certificate -- certificate of adoption. (1) In addition to any copy of an adoptee's original birth certificate authorized for release by a court order issued pursuant to 50-15-121 or 50-15-122, the department shall furnish a copy of the original birth certificate of an adoptee:   (a) upon the written request of a person who was adopted before October 1, 1985, or 30 years or more ago, whichever date is later;   (b) upon a court order for a person adopted on or after October 1, 1985, and before October 1, 1997; and   (c) for a person adopted on or after October 1, 1997, upon:   (i) the written request of an adoptee who has attained 18 years of age unless the birth parent has requested in writing that the original birth certificate not be automatically released; or   (ii) a court order.   (2) Upon the request of an adoptive parent or an adoptee who has attained 18 years of age, the department shall issue a certificate of adoption that states the date and place of adoption, the date of birth of the adoptee, the name of each adoptive parent, and the name of the adoptee as provided in the decree.   (3) A birth parent may request in writing to the vital statistics bureau that the birth certificate for an adoptee not be released without a court order. The birth parent may change the request at any time by notifying the vital statistics bureau in writing of the change.   (4) The department may release a copy of the adoptee's original birth certificate if release of this document is required to assist an adoptee to become enrolled in or a member of an Indian tribe.   History: En. Sec. 146, Ch. 480, L. 1997; amd. Sec. 23, Ch. 504, L. 2003; amd. Sec. 3, Ch. 162, L. 2015.
MT Code § 42-7-101 (2021)
2021 Montana Code Annotated|Title 42. Adoption|Chapter 7. Fees and Prohibited Activities Related to Adoption|Part 1. General Fees and Activities|42-7-101. Fees related to placement for adoption by parent

  42-7-101. Fees related to placement for adoption by parent. (1) Reasonable adoption fees may be paid by the adoptive parent for the actual cost of services. The cost of services must relate to:  (a) a petition for adoption;   (b) placement of a child;   (c) medical care or services, including cost-sharing amounts for medically necessary prenatal and postnatal outpatient mental health services;   (d) prenatal care;   (e) foster care;   (f) a preplacement evaluation;   (g) counseling related to providing information necessary to make an informed decision to voluntarily relinquish a child;   (h) travel or temporary living costs for the birth mother;   (i) legal fees incurred for services on behalf of the placing parent;   (j) the reasonable costs incurred by a placing parent in a direct parental placement adoption to document the disclosures of medical and social history required by 42-3-101; and   (k) other reasonable costs related to adoption that do not include education, vehicles, salary or wages, vacations, or permanent housing for the birth parent.   (2) A birth parent or a provider of a service listed in subsection (1) may receive or accept a payment authorized by subsection (1). The payment may not be made contingent on the placement of a child for adoption or upon relinquishment of and consent to adoption of the child. If the adoption is not completed, a person who is authorized by subsection (1) to make a specific payment is not liable for that payment unless the person has agreed in a signed writing with a birth parent or a provider of a service to make the payment regardless of the outcome of the proceeding for adoption.   History: En. Sec. 147, Ch. 480, L. 1997; amd. Sec. 9, Ch. 175, L. 2021.
MT Code § 42-7-102 (2021)
2021 Montana Code Annotated|Title 42. Adoption|Chapter 7. Fees and Prohibited Activities Related to Adoption|Part 1. General Fees and Activities|42-7-102. Limitations on payment of certain fees

  42-7-102. Limitations on payment of certain fees. (1) A prospective adoptive parent may pay counseling expenses for a combined maximum of 10 hours of adoptive decision support services provided pursuant to 42-2-409 and postadoptive counseling provided pursuant to 42-4-211.  (2) A prospective adoptive parent may pay cost-sharing expenses for prenatal or postnatal outpatient mental health services provided to the birth mother. Expenses under this subsection are limited to a total of 15 outpatient mental health counseling sessions during the prenatal period and the 5 years following the birth of the child.   (3) A prospective adoptive parent may pay for legal costs entailed for providing legal counsel for one birth parent unless the birth parents elect joint representation. The right of a relinquishing parent to legal counsel paid by the prospective adoptive parent continues only until the relinquishment becomes irrevocable. An attorney may not represent both a birth parent and a prospective adoptive parent.   History: En. Sec. 148, Ch. 480, L. 1997; amd. Sec. 10, Ch. 175, L. 2021.
MT Code § 42-7-103 (2021)
2021 Montana Code Annotated|Title 42. Adoption|Chapter 7. Fees and Prohibited Activities Related to Adoption|Part 1. General Fees and Activities|42-7-103. and 42-7-104 reserved

  42-7-103 and 42-7-104 reserved.
MT Code § 42-7-105 (2021)
2021 Montana Code Annotated|Title 42. Adoption|Chapter 7. Fees and Prohibited Activities Related to Adoption|Part 1. General Fees and Activities|42-7-105. Prohibited activities -- violations -- penalties

  42-7-105. Prohibited activities -- violations -- penalties. (1) A person, other than the department, an attorney or health care provider acting under 52-8-103(2), or a licensed child-placing agency, may not:  (a) advertise in any public medium that the person:   (i) knows of a child who is available for adoption; or   (ii) is willing to accept a child for adoption or knows of prospective adoptive parents for a child; or   (b) engage in placement activities as defined in 52-8-101.   (2) An individual other than an extended family member or stepparent of a child may not obtain legal or physical custody of a child for purposes of adoption unless the individual has a favorable preplacement evaluation or a court-ordered waiver of the evaluation.   (3) A person who, as a condition for placement, relinquishment, or consent to the adoption of a child, knowingly offers, gives, agrees to give, solicits, accepts, or agrees to accept from another person, either directly or indirectly, anything other than the fees allowed under 42-7-101 commits the offense of paying or charging excessive adoption process fees.   (4) It is illegal to require repayment or reimbursement of anything provided to a birth parent under 42-7-101. All payments by the adoptive parent made on behalf of a birth parent pursuant to this section are considered a gift to the birth parent.   (5) Nothing in this section prohibits a licensed child-placing agency from maintaining a separate program for the assistance of a biological parent who is in need of postadoptive counseling and support as provided in 42-4-211. Services must be provided based on need and may not be contingent on a placement being made privately, by the department, or by a licensed child-placing agency. A postadoptive counseling and support program may not be used to induce a biological parent to place a child for adoption.   (6) A person convicted of the offense of paying or charging excessive adoption process fees, attempting to recover expenses incurred from an adoption process, or otherwise violating this title may be fined an amount not to exceed $10,000 in an action brought by the appropriate city or county attorney. The court may also enjoin from further violations any person who violates this title.   History: En. Sec. 149, Ch. 480, L. 1997; amd. Sec. 3, Ch. 151, L. 2009; amd. Sec. 1, Ch. 528, L. 2021.
MT Code § 42-7-106 (2021)
2021 Montana Code Annotated|Title 42. Adoption|Chapter 7. Fees and Prohibited Activities Related to Adoption|Part 1. General Fees and Activities|42-7-106. Action by department

  42-7-106. Action by department. The department may review and investigate compliance with this title and may maintain an action in court to compel compliance.   History: En. Sec. 150, Ch. 480, L. 1997.
MT Code § 42-8-101 (2021)
2021 Montana Code Annotated|Title 42. Adoption|Chapter 8. Licensing of Child Placement Agency (Renumbered)|Part 1. Licensing (Renumbered)|42-8-101. Renumbered 52-8-101

  42-8-101. Renumbered 52-8-101. Sec. 17(3)(e), Ch. 281, L. 2001.
MT Code § 42-8-102 (2021)
2021 Montana Code Annotated|Title 42. Adoption|Chapter 8. Licensing of Child Placement Agency (Renumbered)|Part 1. Licensing (Renumbered)|42-8-102. Renumbered 52-8-102

  42-8-102. Renumbered 52-8-102. Sec. 17(3)(e), Ch. 281, L. 2001.
MT Code § 42-8-103 (2021)
2021 Montana Code Annotated|Title 42. Adoption|Chapter 8. Licensing of Child Placement Agency (Renumbered)|Part 1. Licensing (Renumbered)|42-8-103. Renumbered 52-8-103

  42-8-103. Renumbered 52-8-103. Sec. 17(3)(e), Ch. 281, L. 2001.
MT Code § 42-8-104 (2021)
2021 Montana Code Annotated|Title 42. Adoption|Chapter 8. Licensing of Child Placement Agency (Renumbered)|Part 1. Licensing (Renumbered)|42-8-104. Renumbered 52-8-104

  42-8-104. Renumbered 52-8-104. Sec. 17(3)(e), Ch. 281, L. 2001.
MT Code § 42-8-105 (2021)
2021 Montana Code Annotated|Title 42. Adoption|Chapter 8. Licensing of Child Placement Agency (Renumbered)|Part 1. Licensing (Renumbered)|42-8-105. and 42-8-106 reserved

  42-8-105 and 42-8-106 reserved.
MT Code § 42-8-107 (2021)
2021 Montana Code Annotated|Title 42. Adoption|Chapter 8. Licensing of Child Placement Agency (Renumbered)|Part 1. Licensing (Renumbered)|42-8-107. Renumbered 52-8-107

  42-8-107. Renumbered 52-8-107. Sec. 17(3)(e), Ch. 281, L. 2001.
MT Code § 42-8-108 (2021)
2021 Montana Code Annotated|Title 42. Adoption|Chapter 8. Licensing of Child Placement Agency (Renumbered)|Part 1. Licensing (Renumbered)|42-8-108. Renumbered 52-8-108

  42-8-108. Renumbered 52-8-108. Sec. 17(3)(e), Ch. 281, L. 2001.
MT Code § 42-10-101 (2021)
2021 Montana Code Annotated|Title 42. Adoption|Chapter 10. Subsidized Adoptions|Part 1. Procedures|42-10-101. Short title

  42-10-101. Short title. Sections 42-10-101 through 42-10-109 may be cited as "The Subsidized Adoption Act of 1977".   History: En. 71-1806 by Sec. 1, Ch. 434, L. 1977; R.C.M. 1947, 71-1806; Sec. 53-4-301, MCA 1989; redes. 52-2-501 by Code Commissioner, 1991; Sec. 52-2-501, MCA 1995; redes. 42-10-101 by Sec. 174, Ch. 480, L. 1997; amd. Sec. 84, Ch. 114, L. 2003.
MT Code § 42-10-102 (2021)
2021 Montana Code Annotated|Title 42. Adoption|Chapter 10. Subsidized Adoptions|Part 1. Procedures|42-10-102. Purpose

  42-10-102. Purpose. The purpose of this part is to encourage and promote the adoption of children with special needs by providing information and assistance in completing the adoption process and financial assistance when necessary to ensure the health and welfare of the child with special needs.   History: En. 71-1807 by Sec. 2, Ch. 434, L. 1977; R.C.M. 1947, 71-1807; Sec. 53-4-302, MCA 1989; redes. 52-2-502 by Code Commissioner, 1991; Sec. 52-2-502, MCA 1995; redes. 42-10-102 by Sec. 174, Ch. 480, L. 1997; amd. Sec. 1, Ch. 21, L. 1999.
MT Code § 42-10-103 (2021)
2021 Montana Code Annotated|Title 42. Adoption|Chapter 10. Subsidized Adoptions|Part 1. Procedures|42-10-103. Definitions

  42-10-103. Definitions. As used in this part, the following definitions apply:   (1) "Child with special needs" means a child who is a dependent of a public or voluntary licensed child placement agency and meets at least one of the following criteria as a child who is:   (a) diagnosed as having a physical, mental, or emotional disability;   (b) recognized to be at high risk of developing a physical, mental, or emotional disability;   (c) a member of a minority group;   (d) 6 years of age or older; or   (e) a member of a sibling group to be placed together for adoption.   (2) "Department" means the department of public health and human services provided for in 2-15-2201.   History: En. 71-1808 by Sec. 3, Ch. 434, L. 1977; R.C.M. 1947, 71-1808; amd. Sec. 11, Ch. 609, L. 1987; Sec. 53-4-303, MCA 1989; redes. 52-2-503 by Code Commissioner, 1991; amd. Sec. 344, Ch. 546, L. 1995; Sec. 52-2-503, MCA 1995; redes. 42-10-103 by Sec. 174, Ch. 480, L. 1997; amd. Sec. 2, Ch. 21, L. 1999.