reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 40. Family Law › Chapter 6. Parent and Child › Part 2. Obligations of Parents › 40-6-215. When parent responsible for necessities and financial assistance supplied to child

40-6-215. When parent responsible for necessities and financial assistance supplied to child.
(1) If a parent with a duty to support a child fails to, neglects to, refuses to, or otherwise does not provide necessary articles or financial assistance for the child's support, according to the parent's circumstances, a relative or third person may in good faith supply the necessary articles or financial assistance and recover the reasonable value from the parent.
(2) (a) If by court order or express or implied consent of either parent, a child resides with and is supported in the home of a relative or third person, the child's parent or parents shall provide support for the child to the relative or third person.
(b) A relative or third person may receive support under the substitute payee provisions of 40-4-204(8) or a similar law, or if the substitute payee laws are not applicable, the relative or third person may apply for establishment of a support order to any court or administrative agency with authority to enter child support orders.
(3) A parent's duty to support and maintain a child is not abrogated by the child's abandoning the parent's home or by any other voluntary act unless a court has determined the child to be an emancipated minor not in need of parental support.
History: En. Sec. 294, Civ. C. 1895; re-en. Sec. 3752, Rev. C. 1907; re-en. Sec. 5844, R.C.M. 1921; Cal. Civ. C. Sec. 207; Field Civ. C. Sec. 98; re-en. Sec. 5844, R.C.M. 1935; R.C.M. 1947, 61-115; amd. Sec. 17, Ch. 352, L. 2001.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 6. Parent and Child › Part 2. Obligations of Parents › 40-6-216. Repealed

40-6-216. Repealed.
Sec. 18, Ch. 352, L. 2001.
History: En. Sec. 295, Civ. C. 1895; re-en. Sec. 3753, Rev. C. 1907; re-en. Sec. 5845, R.C.M. 1921; Cal. Civ. C. Sec. 208; Field Civ. C. Sec. 99; re-en. Sec. 5845, R.C.M. 1935; R.C.M. 1947, 61-116.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 6. Parent and Child › Part 2. Obligations of Parents › 40-6-217. Married person not bound for support of spouse's children by former marriage

40-6-217. Married person not bound for support of spouse's children by former marriage.
A married person is not bound to support a spouse's children by a former marriage. However, if the person receives the spouse's children into the family and supports them, it is presumed that the person does so as a parent, and in that case, the children are not liable to the person for their support and the person is not liable to the children for their services.
History: En. Sec. 296, Civ. C. 1895; re-en. Sec. 3754, Rev. C. 1907; re-en. Sec. 5846, R.C.M. 1921; Cal. Civ. C. Sec. 209; Field Civ. C. Sec. 100; re-en. Sec. 5846, R.C.M. 1935; amd. Sec. 22, Ch. 293, L. 1975; R.C.M. 1947, 61-117; amd. Sec. 1585, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 6. Parent and Child › Part 2. Obligations of Parents › 40-6-218. Compensation and support of person after attaining majority

40-6-218. Compensation and support of person after attaining majority.
Where a person, after attaining majority, continues to serve and to be supported by the parent, neither party is entitled to compensation, in the absence of an agreement therefor.
History: En. Sec. 297, Civ. C. 1895; re-en. Sec. 3755, Rev. C. 1907; re-en. Sec. 5847, R.C.M. 1921; Cal. Civ. C. Sec. 210; Field Civ. C. Sec. 101; re-en. Sec. 5847, R.C.M. 1935; amd. Sec. 16, Ch. 33, L. 1977; R.C.M. 1947, 61-118.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 6. Parent and Child › Part 2. Obligations of Parents › 40-6-221. Parenting, services, and earnings of child

40-6-221. Parenting, services, and earnings of child.
The father and mother of an unmarried minor child are equally entitled to the parenting, services, and earnings of the child. If either parent is dead or unable or refuses to exercise parenting or has abandoned the family, the other parent is entitled to the parenting, services, and earnings of the child, unless care of the child is determined otherwise pursuant to 40-4-221.
History: En. Sec. 284, Civ. C. 1895; re-en. Sec. 3742, Rev. C. 1907; amd. Sec. 1, Ch. 61, L. 1915; re-en. Sec. 5834, R.C.M. 1921; Cal. Civ. C. Sec. 197; Based on Field Civ. C. Sec. 90; re-en. Sec. 5834, R.C.M. 1935; amd. Sec. 26, Ch. 512, L. 1975; amd. Sec. 13, Ch. 33, L. 1977; R.C.M. 1947, 61-105; amd. Sec. 5, Ch. 127, L. 1979; amd. Sec. 31, Ch. 343, L. 1997.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 6. Parent and Child › Part 2. Obligations of Parents › 40-6-222. Repealed

40-6-222. Repealed.
Sec. 39, Ch. 343, L. 1997.
History: En. Sec. 285, Civ. C. 1895; re-en. Sec. 3743, Rev. C. 1907; re-en. Sec. 5835, R.C.M. 1921; Cal. Civ. C. Sec. 198; re-en. Sec. 5835, R.C.M. 1935; R.C.M. 1947, 61-106.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 6. Parent and Child › Part 2. Obligations of Parents › 40-6-223. Repealed

40-6-223. Repealed.
Sec. 39, Ch. 343, L. 1997.
History: En. Sec. 286, Civ. C. 1895; re-en. Sec. 3744, Rev. C. 1907; re-en. Sec. 5836, R.C.M. 1921; Cal. Civ. C. Sec. 199; re-en. Sec. 5836, R.C.M. 1935; R.C.M. 1947, 61-107.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 6. Parent and Child › Part 2. Obligations of Parents › 40-6-224. Repealed

40-6-224. Repealed.
Sec. 39, Ch. 343, L. 1997.
History: En. Sec. 301, Civ. C. 1895; re-en. Sec. 3759, Rev. C. 1907; re-en. Sec. 5851, R.C.M. 1921; Cal. Civ. C. Sec. 214; Field Civ. C. Sec. 106; re-en. Sec. 5851, R.C.M. 1935; amd. Sec. 17, Ch. 33, L. 1977; R.C.M. 1947, 61-122.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 6. Parent and Child › Part 2. Obligations of Parents › 40-6-231. Repealed

40-6-231. Repealed.
Sec. 39, Ch. 343, L. 1997.
History: En. Sec. 300, Civ. C. 1895; re-en. Sec. 3758, Rev. C. 1907; re-en. Sec. 5850, R.C.M. 1921; Cal. Civ. C. Sec. 213; Field Civ. C. Sec. 104; re-en. Sec. 5850, R.C.M. 1935; R.C.M. 1947, 61-121.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 6. Parent and Child › Part 2. Obligations of Parents › 40-6-232. Parental control over property of child

40-6-232. Parental control over property of child.
The parent, as such, has no control over the property of the child.
History: En. Sec. 289, Civ. C. 1895; re-en. Sec. 3747, Rev. C. 1907; re-en. Sec. 5839, R.C.M. 1921; Cal. Civ. C. Sec. 202; Field Civ. C. Sec. 93; re-en. Sec. 5839, R.C.M. 1935; R.C.M. 1947, 61-110.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 6. Parent and Child › Part 2. Obligations of Parents › 40-6-233. Remedy for parental abuse

40-6-233. Remedy for parental abuse.
The abuse of parental authority is the subject of judicial cognizance in a civil action brought by the child or by its relative within the third degree or by the county commissioners of the county where the child resides. When the abuse is established, the child may be freed from the dominion of the parent and the duty of support and education enforced. A parent or guardian of a child has the right to give the child medicine prescribed for the child, and exercise of the right is not an abuse of parental authority.
History: En. Sec. 290, Civ. C. 1895; re-en. Sec. 3748, Rev. C. 1907; re-en. Sec. 5840, R.C.M. 1921; Cal. Civ. C. Sec. 203; Based on Field Civ. C. Sec. 94; re-en. Sec. 5840, R.C.M. 1935; R.C.M. 1947, 61-111; amd. Sec. 1, Ch. 528, L. 1995.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 6. Parent and Child › Part 2. Obligations of Parents › 40-6-234. When parental authority ceases

40-6-234. When parental authority ceases.
The authority of the parent ceases:
(1) upon the appointment, by a court, of a guardian of the person of a child;
(2) upon the marriage of a child; or
(3) upon its attaining majority.
History: En. Sec. 291, Civ. C. 1895; re-en. Sec. 3749, Rev. C. 1907; re-en. Sec. 5841, R.C.M. 1921; Cal. Civ. C. Sec. 204; Field Civ. C. Sec. 95; re-en. Sec. 5841, R.C.M. 1935; R.C.M. 1947, 61-112.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 6. Parent and Child › Part 2. Obligations of Parents › 40-6-235. Parent may relinquish services and custody of child

40-6-235. Parent may relinquish services and custody of child.
The parent, whether solvent or insolvent, may relinquish to the child the right of controlling the child and receiving the child's earnings. Abandonment by the parent is presumptive evidence of relinquishment.
History: En. Sec. 298, Civ. C. 1895; re-en. Sec. 3756, Rev. C. 1907; re-en. Sec. 5848, R.C.M. 1921; Cal. Civ. C. Sec. 211; Field Civ. C. Sec. 102; re-en. Sec. 5848, R.C.M. 1935; R.C.M. 1947, 61-119; amd. Sec. 1586, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 6. Parent and Child › Part 2. Obligations of Parents › 40-6-236. Wages of minors

40-6-236. Wages of minors.
The wages of a minor employed in service may be paid to the minor until the parent or guardian entitled to the wages gives the employer notice that the parent or guardian claims the wages.
History: En. Sec. 299, Civ. C. 1895; re-en. Sec. 3757, Rev. C. 1907; re-en. Sec. 5849, R.C.M. 1921; Cal. Civ. C. Sec. 212; Based on Field Civ. C. Sec. 103; re-en. Sec. 5849, R.C.M. 1935; R.C.M. 1947, 61-120; amd. Sec. 1587, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 6. Parent and Child › Part 2. Obligations of Parents › 40-6-237. Destruction of property by minor -- liability of parents

40-6-237. Destruction of property by minor -- liability of parents.
A municipal corporation, county, city, town, school district, or department of the state of Montana, a person, or a religious organization whether incorporated or unincorporated is entitled to recover damages in a civil action in an amount not to exceed $6,900 in a court of competent jurisdiction from the parents of a person under 18 years of age, living with the parents, who maliciously or willfully destroys property, real, personal, or mixed, belonging to the municipal corporation, county, city, town, school district, department of the state of Montana, person, or religious organization.
History: En. Sec. 1, Ch. 195, L. 1957; amd. Sec. 1, Ch. 227, L. 1977; R.C.M. 1947, 61-112.1; amd. Sec. 1, Ch. 560, L. 1981; amd. Sec. 1, Ch. 4, L. 2013.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 6. Parent and Child › Part 2. Obligations of Parents › 40-6-238. Limitation on amount of recovery

40-6-238. Limitation on amount of recovery.
The recovery of damages under 40-6-237 is limited to the actual damages in an amount not to exceed $6,900 in addition to taxable court costs and reasonable attorney fees to be set by the court not to exceed $1,800. The right to recover attorney fees as provided by this section is limited to a person bringing an action under 40-6-237.
History: En. Sec. 2, Ch. 195, L. 1957; amd. Sec. 1, Ch. 178, L. 1971; amd. Sec. 2, Ch. 227, L. 1977; R.C.M. 1947, 61-112.2; amd. Sec. 2, Ch. 560, L. 1981; amd. Sec. 2, Ch. 4, L. 2013.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 6. Parent and Child › Part 3. Obligations of Children (Repealed) › 40-6-301. Repealed

40-6-301. Repealed.
Sec. 3, Ch. 213, L. 2021.
History: En. Sec. 1, Ch. 42, L. 1915; re-en. Sec. 5853, R.C.M. 1921; re-en. Sec. 5853, R.C.M. 1935; R.C.M. 1947, 61-124; amd. Sec. 1, Ch. 435, L. 1993.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 6. Parent and Child › Part 3. Obligations of Children (Repealed) › 40-6-302. Repealed

40-6-302. Repealed.
Sec. 3, Ch. 213, L. 2021.
History: En. Sec. 2, Ch. 42, L. 1915; re-en. Sec. 5854, R.C.M. 1921; re-en. Sec. 5854, R.C.M. 1935; R.C.M. 1947, 61-125.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 6. Parent and Child › Part 3. Obligations of Children (Repealed) › 40-6-303. Repealed

40-6-303. Repealed.
Sec. 3, Ch. 213, L. 2021.
History: En. Sec. 3, Ch. 42, L. 1915; re-en. Sec. 5855, R.C.M. 1921; re-en. Sec. 5855, R.C.M. 1935; R.C.M. 1947, 61-126.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 6. Parent and Child › Part 4. Montana Safe Haven Newborn Protection Act › 40-6-402. Definitions

40-6-402. Definitions.
As used in this part, the following definitions apply:
(1) "Child-placing agency" means an agency licensed under Title 52, chapter 8, part 1.
(2) "Court" means a court of record in a competent jurisdiction and, in Montana, means a district court or a tribal court.
(3) "Department" means the department of public health and human services provided for in 2-15-2201.
(4) "Emergency services provider" means:
(a) a uniformed or otherwise identifiable employee of a fire department, hospital, or law enforcement agency when the individual is on duty inside the premises of the fire department, hospital, or law enforcement agency or is on duty responding to an emergency call; or
(b) any law enforcement officer, as defined in 7-32-201, who is in uniform or is otherwise identifiable.
(5) "Fire department" means a governmental fire agency organized under Title 7, chapter 33.
(6) "Gross negligence" means conduct so reckless as to demonstrate a substantial lack of concern for whether an injury results.
(7) "Guardian ad litem" means a person appointed to represent a newborn under Title 41, chapter 3.
(8) "Hospital" has the meaning provided in 50-5-101 and includes a rural emergency hospital.
(9) "Law enforcement agency" means a police department, a sheriff's office, a detention center as defined in 7-32-2241, or a correctional institution as defined in 45-2-101.
(10) "Newborn" means an infant who a physician reasonably believes to be no more than 30 days old.
(11) "Newborn safety device" means a medical device that meets the following requirements:
(a) provides a controlled environment for the care and protection of a newborn;
(b) includes an adequate dual alarm system connected to the newborn safety device:
(i) that is tested at least one time a month to ensure the alarm system is in working order; and
(ii) that dispatches the nearest emergency services provider to retrieve a newborn placed in the device;
(c) is physically located on an exterior structural wall of the premises of a fire department, hospital, or law enforcement agency that is staffed 24 hours a day, except that all emergency services providers located at the premises may be dispatched to an emergency; and
(d) is located in an area that is conspicuous and visible to an emergency services provider.
(12) (a) "Surrender" means to leave a newborn with an emergency services provider without expressing an intent to return for the newborn.
(b) The term includes but is not limited to:
(i) leaving a newborn in a newborn safety device; or
(ii) placing an emergency call and remaining with a newborn until an emergency services provider arrives to accept the newborn.
History: En. Sec. 2, Ch. 277, L. 2001; amd. Sec. 14, Ch. 36, L. 2005; amd. Sec. 8, Ch. 449, L. 2007; amd. Sec. 1, Ch. 170, L. 2023; amd. Sec. 4, Ch. 602, L. 2023.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 6. Parent and Child › Part 4. Montana Safe Haven Newborn Protection Act › 40-6-403. Court jurisdiction -- hospital immunity

40-6-403. Court jurisdiction -- hospital immunity.
(1) The court has jurisdiction over a newborn who is surrendered to an emergency services provider as provided in 40-6-405. The court may appoint a guardian ad litem to represent a newborn in proceedings under this part.
(2) Except as provided in 40-6-406, the reporting requirements of 41-3-201 do not apply regarding a newborn who is surrendered to an emergency services provider as provided in 40-6-405.
(3) A hospital and the agents and employees of the hospital are immune in a civil action for damages for an act or omission in accepting or transferring a newborn under this part, except for an act or omission constituting gross negligence or willful or wanton misconduct.
History: En. Sec. 3, Ch. 277, L. 2001.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 6. Parent and Child › Part 4. Montana Safe Haven Newborn Protection Act › 40-6-404. Immunity for fire department and law enforcement agency

40-6-404. Immunity for fire department and law enforcement agency.
A fire department or law enforcement agency and the agents and employees of a fire department or law enforcement agency are immune in a civil action for damages for an act or omission in accepting or transferring a newborn under this part, except for an act or omission constituting gross negligence or willful or wanton misconduct.
History: En. Sec. 4, Ch. 277, L. 2001.
2023 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.
2023 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.
2023 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.
2023 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. (Temporary) 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, and, if applicable, the Montana Indian Child Welfare Act provided for in Title 41, chapter 3, part 13. (Terminates June 30, 2025--sec. 55, Ch. 716, L. 2023.)
40-6-413. (Effective July 1, 2025) 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; amd. Sec. 21, Ch. 716, L. 2023.
2023 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. (Temporary) Presumption of waiver of parental rights -- department to file petition.
(1) Except as provided in 41-3-1326, 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, or, if applicable, the Montana Indian Child Welfare Act provided for in Title 41, chapter 3, part 13, requesting appropriate relief with the goal of achieving permanent placement for the newborn at the earliest possible date. (Terminates June 30, 2025--sec. 55, Ch. 716, L. 2023.)
40-6-414. (Effective July 1, 2025) 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; amd. Sec. 22, Ch. 716, L. 2023.
2023 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.
2023 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.
2023 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.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 6. Parent and Child › Part 7. Rights of Parents › 40-6-702. Medical care for children

40-6-702. Medical care for children.
(1) (a) Except as otherwise provided by Title 41, chapter 1, part 4, or court order, a person, corporation, association, organization, state-supported institution, or individual employee of a corporation, association, organization, or state-supported institution may not:
(i) procure, solicit to perform, arrange to perform, or perform surgical procedures on a child;
(ii) procure, solicit to perform, arrange to perform, or perform a physical examination on a child;
(iii) prescribe or dispense a prescription drug to a child;
(iv) procure, solicit to perform, arrange to perform, or perform a mental health evaluation in a clinical or nonclinical setting on a child; or
(v) procure, solicit to perform, arrange to perform, or perform a mental health treatment on a child.
(b) The prohibitions in subsection (1)(a) do not apply if the parent of the child has provided consent for the medical care to be provided. If the parental consent is given through telemedicine, the health professional shall verify the identity of the parent at the site where the consent is given.
(2) Unless a parent's decisionmaking rights have been limited by court order, a hospital, as defined in 50-5-101, is prohibited from allowing a surgical procedure to be performed on a child in its facilities unless the hospital has first received consent from a parent of the child.
(3) The provisions of this section do not apply when a physician determines that an emergency exists and that it is necessary to perform an activity described in subsection (1)(a) to prevent death or imminent, irreparable physical injury to a child or when a parent cannot be located or contacted after a reasonably diligent effort.
(4) The provisions of this section do not apply to an abortion, which is governed by the provisions of Title 50, chapter 20.
History: En. Sec. 2, Ch. 527, L. 2023.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 6. Parent and Child › Part 7. Rights of Parents › 40-6-703. Parental involvement in education

40-6-703. Parental involvement in education.
(1) The board of trustees of a school district, in consultation with parents, teachers, and administrators, shall develop and adopt a policy to promote the involvement of parents of children enrolled in the school district, including:
(a) a plan for parent participation in the school district, which must be designed to improve parent and teacher cooperation in homework, attendance, and discipline;
(b) a plan to provide parents with information about how to participate in the governance of the school district through the locally elected board of trustees;
(c) procedures by which a parent may learn about the course of study for the parent's child;
(d) procedures by which a parent may withdraw the parent's child from instruction or presentations, assemblies, guest lectures, or other educational events facilitated by a school's faculty or staff, including those conducted by outside individuals or organizations, that offend the parent's beliefs or practices;
(e) procedures by which a parent may learn about the nature and purpose of clubs and extracurricular activities that have been approved by the school or that the school is required to allow under the provisions of the federal Equal Access Act of 1984 and may withdraw the parent's child from any club or extracurricular activity. A student shall provide a signed parental permission form prior to participating in any school-sponsored club or extracurricular activity.
(f) procedures by which a parent shall provide written consent before the parent's child uses a pronoun that does not align with the child's sex. If a parent provides written consent under this subsection (1)(f), a person may not be compelled to use pronouns that do not align with the child's sex.
(g) procedures by which a parent may learn about parental rights and responsibilities under the laws of this state.
(2) The board of trustees of a school district may adopt a policy providing that parents may submit and receive the information required by this section in electronic form.
History: En. Sec. 1, Ch. 693, L. 2023.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 6. Parent and Child › Part 7. Rights of Parents › 40-6-707. Construction

40-6-707. Construction.
(1) Unless a right has been legally waived or legally terminated, a parent has inalienable rights that are more comprehensive than those listed in 40-6-701, 40-6-702, 41-1-402, 41-1-403, 41-1-405, and this section. The protections afforded by 40-6-701, 40-6-702, 41-1-402, 41-1-403, 41-1-405, and this section are in addition to the protections provided by the constitutions of the United States and the state of Montana and by federal and state law.
(2) Sections 40-6-701, 40-6-702, 41-1-402, 41-1-403, 41-1-405, and this section must be construed in favor of a broad protection of the fundamental right of parents to direct the upbringing, education, health care, and mental health of their child.
(3) Sections 40-6-701, 40-6-702, 41-1-402, 41-1-403, 41-1-405, and this section may not be construed to authorize any government entity to burden the fundamental right of parents to direct the upbringing, education, health care, and mental health of their child.
(4) If a child has no affirmative right of access to a particular medical or mental health procedure or service, then nothing in 40-6-701, 40-6-702, 41-1-402, 41-1-403, 41-1-405, and this section may be construed to grant the child's parent an affirmative right of access to the procedure or service on the child's behalf.
History: En. Sec. 3, Ch. 527, L. 2023.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 6. Parent and Child › Part 7. Rights of Parents › 40-6-708. Construction

40-6-708. Construction.
(1) Unless parental rights have been legally waived or legally terminated, parents have inalienable rights that are more comprehensive than those described in 40-6-701 or 40-6-703. The protections afforded by 40-6-701 and 40-6-703 are in addition to the protections provided under federal law, other state laws, the United States constitution, and the Montana constitution.
(2) Sections 40-6-701 and 40-6-703 must be construed in favor of a broad protection of the fundamental right of parents to direct the upbringing, education, health care, and mental health of their child.
(3) Nothing in 40-6-701 or 40-6-703 may be construed to authorize a governmental entity to burden the fundamental right of parents to direct the upbringing, education, health care, and mental health of their child.
(4) If a child has no affirmative right of access to a particular medical or mental health procedure or service, then nothing in 40-6-701 or 40-6-703 may be construed to grant the child's parent an affirmative right of access to the procedure or service on the child's behalf.
History: En. Sec. 2, Ch. 693, L. 2023.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 7. Uniform Child Custody Jurisdiction and Enforcement Act › Part 1. General Provisions › 40-7-107. Simultaneous proceedings

40-7-107. Simultaneous proceedings.
(1) Except as otherwise provided in 40-7-204, a court of this state may not exercise its jurisdiction under 40-7-105, 40-7-107 through 40-7-110, 40-7-112, and 40-7-201 through 40-7-203 if at the time of commencement of the proceeding a proceeding concerning the custody of the child had been previously commenced in a court of another state having jurisdiction substantially in conformity with this chapter unless the proceeding has been terminated or is stayed by the court of the other state because a court of this state is a more convenient forum under 40-7-108.
(2) Except as otherwise provided in 40-7-204, a court of this state, before hearing a child custody proceeding, shall examine the court documents and other information supplied by the parties pursuant to 40-7-110. If the court determines that a child custody proceeding was previously commenced in a court in another state having jurisdiction substantially in accordance with this chapter, the court of this state shall stay its proceeding and communicate with the court of the other state. If the court of the state having jurisdiction substantially in accordance with this chapter does not determine that the court of this state is a more appropriate forum, the court of this state shall dismiss the proceeding.
(3) In a proceeding to modify a child custody determination, a court of this state shall determine whether a proceeding to enforce the determination has been commenced in another state. If a proceeding to enforce a child custody determination has been commenced in another state, the court may:
(a) stay the proceeding for modification pending the entry of an order of a court of the other state enforcing, staying, denying, or dismissing the proceeding for enforcement;
(b) enjoin the parties from continuing with the proceeding for enforcement; or
(c) proceed with the modification under conditions that it considers appropriate.
History: En. 61-407 by Sec. 7, Ch. 537, L. 1977; R.C.M. 1947, 61-407; amd. Sec. 7, Ch. 91, L. 1999.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 7. Uniform Child Custody Jurisdiction and Enforcement Act › Part 1. General Provisions › 40-7-108. Inconvenient forum

40-7-108. Inconvenient forum.
(1) A court of this state that has jurisdiction under this chapter to make a child custody determination may decline to exercise its jurisdiction at any time if it determines that it is an inconvenient forum under the circumstances and that a court of another state is a more appropriate forum. The issue of inconvenient forum may be raised upon the court's own motion, request of another court, or motion of a party.
(2) Before determining whether it is an inconvenient forum, a court of this state shall consider whether it is appropriate that a court of another state exercise jurisdiction. For this purpose, the court shall allow the parties to submit information and shall consider all relevant factors, including:
(a) whether domestic violence has occurred and is likely to continue in the future and which state could best protect the parties and the child;
(b) the length of time that the child has resided outside this state;
(c) the distance between the court in this state and the court in the state that would assume jurisdiction;
(d) the relative financial circumstances of the parties;
(e) any agreement of the parties as to which state should assume jurisdiction;
(f) the nature and location of the evidence required to resolve the pending litigation, including testimony of the child;
(g) the ability of the court of each state to decide the issue expeditiously and the procedures necessary to present the evidence; and
(h) the familiarity of the court of each state with the facts and issues in the pending litigation.
(3) If a court of this state determines that it is an inconvenient forum and that a court of another state is a more appropriate forum, it shall stay the proceedings upon condition that a child custody proceeding be promptly commenced in another designated state and may impose any other condition that the court considers just and proper.
(4) A court of this state may decline to exercise its jurisdiction under this chapter if a child custody determination is incidental to an action for divorce or another proceeding while still retaining jurisdiction over the divorce or other proceeding.
History: En. 61-408 by Sec. 8, Ch. 537, L. 1977; R.C.M. 1947, 61-408; amd. Sec. 8, Ch. 91, L. 1999.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 7. Uniform Child Custody Jurisdiction and Enforcement Act › Part 1. General Provisions › 40-7-109. Jurisdiction declined by reason of conduct

40-7-109. Jurisdiction declined by reason of conduct.
(1) Except as otherwise provided in 40-7-204, if a court of this state has jurisdiction under this chapter because a person invoking the jurisdiction has engaged in unjustifiable conduct, the court shall decline to exercise jurisdiction unless:
(a) the parents and all persons acting as parents have acquiesced in the exercise of jurisdiction;
(b) a court of the state otherwise having jurisdiction under 40-7-201 through 40-7-203 determines that this state is a more appropriate forum under 40-7-108; or
(c) no other state would have jurisdiction under 40-7-201 through 40-7-203.
(2) If a court of this state declines to exercise its jurisdiction pursuant to subsection (1), it may fashion an appropriate remedy to ensure the safety of the child and prevent a repetition of the unjustifiable conduct, including staying the proceeding until a child custody proceeding is commenced in a court having jurisdiction under 40-7-201 through 40-7-203.
(3) If a court dismisses a petition or stays a proceeding because it declines to exercise its jurisdiction pursuant to subsection (1), it shall charge the party invoking the jurisdiction of the court with necessary and reasonable expenses, including costs, communication expenses, attorney fees, investigative fees, expenses for witnesses, travel expenses, and child care during the course of the proceedings, unless the party from whom fees are sought establishes that the award would be clearly inappropriate. The court may not assess fees, costs, or expenses against this state except as otherwise provided by law other than this chapter.
History: En. 61-409 by Sec. 9, Ch. 537, L. 1977; R.C.M. 1947, 61-409; amd. Sec. 9, Ch. 91, L. 1999; amd. Sec. 1, Ch. 98, L. 2019.