reglab/housing_qa huggingface dataset:
MT Code § 40-6-406 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 6. Parent and Child|Part 4. Montana Safe Haven Newborn Protection Act|40-6-406. Medical care -- report of abuse or neglect -- report to department

  40-6-406. Medical care -- report of abuse or neglect -- report to department. (1) An emergency services provider that is not a hospital and that takes a newborn into temporary protective custody under 40-6-405 shall transfer the newborn to a hospital. The hospital shall accept a newborn transferred to the hospital by an emergency services provider in compliance with this part and shall take the newborn into temporary protective custody.   (2) A hospital that takes a newborn into temporary protective custody under this part must have the newborn examined by a physician. If a physician who examines the newborn either determines that there is reason to suspect the newborn has experienced abuse or neglect, other than being surrendered to an emergency services provider under 40-6-405, or comes to a reasonable belief that the infant is not a newborn, the physician shall immediately report to the department as required under 41-3-201. If the actual date of birth of the infant is not known, the physician shall determine a birth date based on the physician's examination of the infant.   (3) If a physician is not required to report to the department under subsection (2), the hospital shall, no later than the first business day after taking possession of the newborn, notify the department that the hospital has taken a newborn into temporary protective custody under this part.   History: En. Sec. 6, Ch. 277, L. 2001.
MT Code § 40-6-407 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 6. Parent and Child|Part 4. Montana Safe Haven Newborn Protection Act|40-6-407. Assumption of care, custody, and control by department -- placement of child -- presumptions -- Montana birth certificate

  40-6-407. Assumption of care, custody, and control by department -- placement of child -- presumptions -- Montana birth certificate. (1) Upon receipt of notice under 40-6-406, the department shall:   (a) immediately assume the care, control, and temporary protective custody of the newborn;   (b) if a parent is known and willing, immediately meet with the parent;   (c) make a temporary placement of the newborn;   (d) immediately request assistance from law enforcement officials to investigate and determine, through the national center for missing and exploited children and any other national and state missing children information programs, whether the newborn is a missing child;   (e) not later than 48 hours after assuming the care, control, and temporary protective custody of the newborn, file a petition with the court under the provisions of Title 41, chapter 3, part 4, requesting appropriate relief with the goal of achieving permanent placement for the newborn at the earliest possible date; and   (f) within 30 days, make reasonable efforts to identify and locate a parent who did not surrender the newborn. If the identity and address of that parent are unknown, the department shall provide notice by publication in a newspaper of general circulation in the county where the newborn was surrendered.   (2) The department, after assuming the care, custody, and control of a newborn under subsection (1), is not required to attempt to reunify the newborn with the newborn's parents. The department is not required to search for relatives of the newborn as a placement or permanency option or to implement other placement requirements that give preference to relatives if the department does not have information as to the identity of the newborn or either of the newborn's parents. The department shall place the newborn with prospective adoptive parents as soon as possible. The adoptive parents must be allowed access to information regarding the newborn's medical history, date of birth, or age if the department has that information.   (3) A newborn surrendered under 40-6-405 is presumed to have been born in Montana unless the biological parent otherwise informs the department or the emergency services provider to whom the newborn is surrendered.   (4) A Montana birth certificate may be issued based on the presumption of birth in Montana as provided in subsection (3). A birth certificate issued to a newborn surrendered under 40-6-405 must provide a date of birth based on either the actual date of birth, if known, or on the date of birth determined by the physician who performs the medical examination of the newborn under 40-6-406.   History: En. Sec. 7, Ch. 277, L. 2001.
MT Code § 40-6-408 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 6. Parent and Child|Part 4. Montana Safe Haven Newborn Protection Act|40-6-408. through 40-6-410 reserved

  40-6-408 through 40-6-410 reserved.
MT Code § 40-6-411 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 6. Parent and Child|Part 4. Montana Safe Haven Newborn Protection Act|40-6-411. Rights of parents -- custody action

  40-6-411. Rights of parents -- custody action. (1) Any person alleging to be the biological parent of a newborn who was surrendered to an emergency services provider under 40-6-405 may, within 60 days of the date of surrender of the newborn, file an action with the court for custody pursuant to 40-4-211.   (2) Before making a custody decision, the court shall determine whether the individual filing the custody action is the newborn's biological parent under the provisions of part 1 of this chapter. A determination of the existence or nonexistence of the child-parent relationship is determinative as provided in 40-6-116.   (3) The putative father registry provisions under Title 42, chapter 2, part 2, apply to any court proceeding under this part.   History: En. Sec. 8, Ch. 277, L. 2001.
MT Code § 40-6-412 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 6. Parent and Child|Part 4. Montana Safe Haven Newborn Protection Act|40-6-412. Custody action -- newborn's best interest

  40-6-412. Custody action -- newborn's best interest. In a custody action under 40-6-411, the court shall determine custody of the newborn based on the newborn's best interest as provided in 40-4-212. The court shall determine the newborn's best interest with the goal of achieving permanent placement for the newborn at the earliest possible date.   History: En. Sec. 9, Ch. 277, L. 2001.
MT Code § 40-6-413 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 6. Parent and Child|Part 4. Montana Safe Haven Newborn Protection Act|40-6-413. Custody action -- order

  40-6-413. Custody action -- order. Based on the court's finding of the newborn's best interest under 40-6-412, the court may issue an order:   (1) granting legal or physical custody, or both, of the newborn to the parent and either retaining or relinquishing jurisdiction; or   (2) denying custody of the newborn to the parent and referring the matter to the department or county attorney for proceedings under Title 41, chapter 3.   History: En. Sec. 10, Ch. 277, L. 2001.
MT Code § 40-6-414 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 6. Parent and Child|Part 4. Montana Safe Haven Newborn Protection Act|40-6-414. Presumption of waiver of parental rights -- department to file petition

  40-6-414. Presumption of waiver of parental rights -- department to file petition. (1) A parent who surrenders a newborn under 40-6-405 and who does not file a custody action under 40-6-411 is presumed to have knowingly waived the parent's parental rights to the newborn.   (2) If a custody action is not filed under 40-6-411 or if the parent is denied custody of the newborn under 40-6-413, the department shall file a petition under Title 41, chapter 3, part 4, requesting appropriate relief with the goal of achieving permanent placement for the newborn at the earliest possible date.   History: En. Sec. 11, Ch. 277, L. 2001.
MT Code § 40-6-415 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 6. Parent and Child|Part 4. Montana Safe Haven Newborn Protection Act|40-6-415. Terminated

  40-6-415. Terminated. Sec. 21, Ch. 277, L. 2001.   History: En. Sec. 12, Ch. 277, L. 2001.
MT Code § 40-6-416 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 6. Parent and Child|Part 4. Montana Safe Haven Newborn Protection Act|40-6-416. Reimbursement of medical expenses

  40-6-416. Reimbursement of medical expenses. The department shall reimburse a hospital for the actual expenses incurred by the hospital in accepting and caring for a newborn who is surrendered under 40-6-405.   History: En. Sec. 13, Ch. 277, L. 2001.
MT Code § 40-6-417 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 6. Parent and Child|Part 4. Montana Safe Haven Newborn Protection Act|40-6-417. Surrender to emergency services provider as bar to criminal prosecution

  40-6-417. Surrender to emergency services provider as bar to criminal prosecution. (1) A criminal investigation may not be initiated solely on the basis of a newborn being surrendered to an emergency services provider under this part in the absence of reasonable suspicion of actual abuse or neglect.   (2) Except when there is intentional infliction of injury to the abandoned infant, a criminal prosecution may not be initiated involving the abandonment of an infant that was not more than 30 days old and was surrendered to an emergency services provider under 40-6-405.   History: En. Sec. 14, Ch. 277, L. 2001.
MT Code § 40-6-601 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 6. Parent and Child|Part 6. Caretaker Relative -- Child Custody Rights|40-6-601. Legislative finding and purpose -- definitions

  40-6-601. Legislative finding and purpose -- definitions. (1) The legislature recognizes that the right of parents to the custody and control of their children is based upon the liberties secured by the United States and Montana constitutions and that a parent's right to that custody and control is therefore normally supreme to the interests of other persons. The legislature also recognizes a growing phenomenon in which absent or otherwise unavailable parents have temporarily surrendered the custody and care of a child to a grandparent or other caretaker relative for a lengthy period of time. The legislature finds that a caretaker relative frequently offers continuity of care by providing a child a loving, stable, and secure environment in which to live, make friends, and attend school, which is an environment not provided by a parent who temporarily abandons a child. However, a child is deprived of that caring and safe environment, and the related continuity of care it may provide, when a parent returns to claim the child with little or no notice to the caretaker relative. This situation, which in some instances has occurred multiple times with the same child, is disruptive to the more stable life offered by the caretaker relative and may violate the child's rights ensured by Article II, section 15, of the Montana constitution, such as the right under Article II, section 3, of the Montana constitution of seeking safety, health, and happiness. For these reasons, it is the purpose of the legislature in enacting 40-6-602 and this section to exercise its police powers for the health and welfare of children who have been abandoned by their parents to the care of relatives and to create a procedure, applicable in limited situations caused by the voluntary surrender of a child by a parent, under circumstances indicating abandonment, whereby a child in the care of a relative may remain with that relative while the issue of abandonment by the parent is reviewed and determined by a court of law. The legislature believes that this temporary infringement on the right of a parent to the custody and control of a minor child is justified by the possibility of abandonment by the parent, because the welfare of the child is at stake, and because of the likely violation of the child's rights ensured by Article II, section 15, of the Montana constitution.   (2) As used in 40-6-602 and this section, the following definitions apply:   (a) "Caretaker relative" or "relative" means an individual related to a child by blood, marriage, or adoption by another individual, who has care and custody of a child but who is not a parent, foster parent, stepparent, or legal guardian of the child.   (b) "Parent" means a biological or adoptive parent or other legal guardian of a child.   History: En. Sec. 1, Ch. 496, L. 2007; amd. Sec. 2, Ch. 210, L. 2009.
MT Code § 40-6-701 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 6. Parent and Child|Part 7. Rights of Parents|40-6-701. Interference with fundamental parental rights restricted -- cause of action

  40-6-701. Interference with fundamental parental rights restricted -- cause of action. (1) A governmental entity may not interfere with the fundamental right of parents to direct the upbringing, education, health care, and mental health of their children unless the governmental entity demonstrates that the interference:  (a) furthers a compelling governmental interest; and   (b) is narrowly tailored and is the least restrictive means available for the furthering of the compelling governmental interest.   (2) This section may not be construed as invalidating the provisions of Title 41, chapter 3, or modifying the burden of proof at any stage of the proceedings under Title 41, chapter 3.   (3) When a parent's fundamental rights protected by this section are violated, a parent may assert that violation as a claim or defense in a judicial proceeding and may obtain appropriate relief against the governmental entity. The prevailing party in an action filed pursuant to this section is entitled to reasonable attorney fees and costs.   (4) As used in this section, "governmental entity" has the meaning provided in 2-9-101.   History: En. Sec. 1, Ch. 502, L. 2021.
MT Code § 40-6-1001 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 6. Parent and Child|Part 10. Termination of Parent-Child Legal Relationship -- Sexual Abuse|40-6-1001. Petition for termination -- criteria -- process

  40-6-1001. Petition for termination -- criteria -- process. (1) A district court may order a termination of the parent-child legal relationship after the filing of a petition pursuant to this section alleging the factual grounds for termination as provided for in subsection (2).   (2) Grounds for termination pursuant to this section exist when the parent of a child:   (a) is convicted of a felony in which sexual intercourse occurred or is a minor adjudicated a delinquent youth because of an act that, if committed by an adult, would be a felony in which sexual intercourse occurred and, as a result of the sexual intercourse, the child is born; or   (b) at a fact-finding hearing is found by clear and convincing evidence, except as provided in the federal Indian Child Welfare Act, if applicable, to have committed an act of sexual intercourse without consent, sexual assault, or incest that caused the child to be conceived.   (3) The court's order must state the reasons for the decision.   (4) The victim of the crime or act may file a petition pursuant to this section. If the victim is a minor, the victim's parent or guardian may file a petition on the victim's behalf.   (5) The respondent to the petition has the right to counsel in all proceedings held pursuant to the petition.   (6) Before termination of the parent-child legal relationship may be ordered, the court shall determine whether the provisions of 40-6-1002 and 40-6-1003 have been followed.   (7) There is no right to a jury trial at proceedings held to consider the termination of a parent-child legal relationship.   (8) (a) An order for the termination of the parent-child legal relationship divests the child and the parent of all legal rights, powers, immunities, duties, and obligations with respect to each other as provided in Title 40, chapter 6, part 2, and Title 41, chapter 3, part 2, except:   (i) the right of the child to inherit from the parent; and   (ii) that nothing in this section may be construed to relieve the parent whose rights are terminated as provided in this part of any child support obligations as provided in Title 40, chapters 4 and 5.   (b) An order or decree entered pursuant to this part may not disentitle a child to any benefit due to the child from a third person, including but not limited to an Indian tribe, an agency, a state, or the United States.   History: En. Sec. 1, Ch. 388, L. 2017; Sec. 41-3-801, MCA 2017; redes. 40-6-1001 by Code Commissioner, 2019.
MT Code § 40-6-1002 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 6. Parent and Child|Part 10. Termination of Parent-Child Legal Relationship -- Sexual Abuse|40-6-1002. Service of process -- service by publication -- effect

  40-6-1002. Service of process -- service by publication -- effect. (1) Except as otherwise provided in this part, service of process must be made as provided in the Montana Rules of Civil Procedure.   (2) If a person cannot be served personally or by certified mail, the person may be served by publication as provided in 40-6-1003. Publication constitutes conclusive evidence of service, and a hearing must then proceed at the time and date set, with or without the appearance of the person served by publication. During or after the hearing, the court may issue an order that will adjudicate the interests of the person served by publication.   (3) If the parent cannot be found prior to the hearings allowed by 40-6-1001, the court may grant the petition as filed or may order the person filing the petition to continue to attempt to locate the person whose parental rights are subject to termination through service by publication.   History: En. Sec. 2, Ch. 388, L. 2017; amd. Sec. 25, Ch. 3, L. 2019; Sec. 41-3-802, MCA 2017; redes. 40-6-1002 by Code Commissioner, 2019.
MT Code § 40-6-1003 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 6. Parent and Child|Part 10. Termination of Parent-Child Legal Relationship -- Sexual Abuse|40-6-1003. Service by publication -- summons -- form

  40-6-1003. Service by publication -- summons -- form. (1) Before service by publication is authorized in a proceeding under this part, the person filing the petition pursuant to 40-6-1001(4) shall file with the court an affidavit stating that, after due diligence, the parent whose rights are subject to termination cannot be identified or found and stating the diligent efforts made to identify, locate, and serve the person. The affidavit is sufficient evidence of the diligence of any inquiry made by the person filing the petition. The affidavit may be combined with another affidavit filed by the person filing the petition. Upon complying with this subsection, the person filing the petition may obtain an order for the service to be made on the party by publication. The order may be issued by either the judge or the clerk of the court.   (2) Service by publication must be made by publishing notice three times, once each week for 3 successive weeks:   (a) in a newspaper in a community in which the publication can reasonably be calculated to be seen by the person whose parental rights are subject to termination, based on the last-known address or whereabouts, if known, of the person if in the state of Montana; or   (b) if no last-known address exists, if the last-known address is outside Montana, or if the identity of the person whose parental rights are subject to termination is unknown, in a newspaper in the county in which the action is pending, if a newspaper is published in the county, or, if a newspaper is not published in the county, in a newspaper published in an adjoining county and having a general circulation in the county.   (3) Service by publication is complete on the date of the last publication required by subsection (2).   (4) A summons required under this part must:   (a) be directed to the parent whose parental rights are subject to termination; and   (b) be signed by the clerk of court, be under the seal of the court, and contain:   (i) the name of the court and the cause number;   (ii) the initials of the child who is the subject of the proceedings;   (iii) the name of the person filing the petition pursuant to 40-6-1001(4);   (iv) the timeframe within which an interested person shall appear;   (v) a statement in general terms of the nature of the proceedings, including the date and place of birth of the child, the date and place of the hearing, and the phone number of the clerk of the court in which the hearing is scheduled; and   (vi) notification apprising the person served by publication that failure to appear at the hearing will constitute a denial of interest in the child, which may result, without further notice of the proceeding or any subsequent proceeding, in judgment by default being entered for the relief requested in the petition.   History: En. Sec. 3, Ch. 388, L. 2017; amd. Sec. 26, Ch. 3, L. 2019; Sec. 41-3-803, MCA 2017; redes. 40-6-1003 by Code Commissioner, 2019.
MT Code § 40-7-101 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 7. Uniform Child Custody Jurisdiction and Enforcement Act|Part 1. General Provisions|40-7-101. Short title

  40-7-101. Short title. This chapter may be cited as the "Uniform Child Custody Jurisdiction and Enforcement Act".   History: En. 61-401 by Sec. 1, Ch. 537, L. 1977; R.C.M. 1947, 61-401; amd. Sec. 3, Ch. 91, L. 1999.
MT Code § 40-7-102 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 7. Uniform Child Custody Jurisdiction and Enforcement Act|Part 1. General Provisions|40-7-102. Repealed

  40-7-102. Repealed. Sec. 43, Ch. 91, L. 1999.   History: En. 61-402 by Sec. 2, Ch. 537, L. 1977; R.C.M. 1947, 61-402.
MT Code § 40-7-104 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 7. Uniform Child Custody Jurisdiction and Enforcement Act|Part 1. General Provisions|40-7-104. Repealed

  40-7-104. Repealed. Sec. 43, Ch. 91, L. 1999.   History: En. 61-404 by Sec. 4, Ch. 537, L. 1977; R.C.M. 1947, 61-404.
MT Code § 40-7-105 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 7. Uniform Child Custody Jurisdiction and Enforcement Act|Part 1. General Provisions|40-7-105. Notice -- opportunity to be heard -- joinder

  40-7-105. Notice -- opportunity to be heard -- joinder. (1) Before a child custody determination is made under this chapter, notice and opportunity to be heard in accordance with the standards of 40-7-106 must be given to all persons entitled to notice under the law of this state as in child custody proceedings between residents of this state, any parent whose parental rights have not been previously terminated, and any person who has physical custody of the child.   (2) This chapter does not govern the enforceability of a child custody determination made without notice or an opportunity to be heard.   (3) The obligation to join a party and the right to intervene as a party in a child custody proceeding under this chapter are governed by the law of this state as in child custody proceedings between residents of this state.   History: En. 61-405 by Sec. 5, Ch. 537, L. 1977; R.C.M. 1947, 61-405; amd. Sec. 5, Ch. 91, L. 1999.
MT Code § 40-7-106 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 7. Uniform Child Custody Jurisdiction and Enforcement Act|Part 1. General Provisions|40-7-106. Notice to persons outside state

  40-7-106. Notice to persons outside state. (1) Notice required for the exercise of jurisdiction when a person is outside this state may be given in a manner prescribed by the law of this state for the service of process or by the law of the state in which the service is made. Notice must be given in a manner reasonably calculated to give actual notice but may be by publication, if other means are ineffective.   (2) Proof of service may be made in the manner prescribed by the law of this state or by the law of the state in which the service is made.   (3) Notice is not required for the exercise of jurisdiction with respect to a person who submits to the jurisdiction of the court.   History: En. 61-406 by Sec. 6, Ch. 537, L. 1977; R.C.M. 1947, 61-406; amd. Sec. 6, Ch. 91, L. 1999.