2023 Montana Code Annotated › Title 40. Family Law › Chapter 6. Parent and Child › Part 4. Montana Safe Haven Newborn Protection Act › 40-6-405. Surrender of newborn to emergency services provider -- temporary protective custody

40-6-405. (Temporary) Surrender of newborn to emergency services provider -- temporary protective custody.
(1) If a parent surrenders an infant who may be a newborn to an emergency services provider, the emergency services provider shall comply with the requirements of this section under the assumption that the infant is a newborn. The emergency services provider shall, without a court order, immediately accept the newborn, taking the newborn into temporary protective custody, and shall take action necessary to protect the physical health and safety of the newborn.
(2) If a newborn is surrendered face to face, the emergency services provider shall make a reasonable effort to do all of the following:
(a) if possible, inform the parent that the parent may remain anonymous;
(b) if possible, inform the parent that by surrendering the newborn, the parent is releasing the newborn to the department to be placed for adoption according to law;
(c) if possible, inform the parent that the parent has 60 days to petition the court to regain custody of the newborn;
(d) if possible, ascertain whether the newborn has a tribal affiliation and, if so, ascertain relevant information pertaining to any Indian heritage of the newborn;
(e) provide the parent with written material approved by or produced by the department, which includes but is not limited to all of the following statements:
(i) by surrendering the newborn, the parent is releasing the newborn to the department to be placed for adoption and the department shall initiate court proceedings according to law to place the newborn for adoption, including proceedings to terminate parental rights;
(ii) the parent has 60 days after surrendering the newborn to petition the court to regain custody of the newborn;
(iii) the parent may not receive personal notice of the court proceedings begun by the department;
(iv) information that the parent provides to an emergency services provider will not be made public;
(v) a parent may contact the department for more information and counseling; and
(vi) any Indian heritage of the newborn brings the newborn within the jurisdiction of the federal Indian Child Welfare Act, 25 U.S.C. 1901, et seq., and the Montana Indian Child Welfare Act provided for in Title 41, chapter 3, part 13.
(3) If a newborn is surrendered face to face, after providing a parent with the information described in subsection (2), if possible, an emergency services provider shall make a reasonable effort to:
(a) encourage the parent to provide any relevant family or medical information, including information regarding any tribal affiliation;
(b) provide the parent with information that the parent may receive counseling or medical attention;
(c) inform the parent that information that the parent provides will not be made public;
(d) ask the parent for the parent's name;
(e) inform the parent that in order to place the newborn for adoption, the state is required to make a reasonable attempt to identify the other parent and to obtain relevant medical family history and then ask the parent to identify the other parent;
(f) inform the parent that the department can provide confidential services to the parent; and
(g) inform the parent that the parent may sign a relinquishment for the newborn to be used at a hearing to terminate parental rights.
(4) If a newborn is surrendered in a newborn safety device, the emergency services provider shall make a reasonable effort to provide the parent with the written material described in subsection (2)(e). (Terminates June 30, 2025--sec. 55, Ch. 716, L. 2023.)
40-6-405. (Effective July 1, 2025) Surrender of newborn to emergency services provider -- temporary protective custody.
(1) If a parent surrenders an infant who may be a newborn to an emergency services provider, the emergency services provider shall comply with the requirements of this section under the assumption that the infant is a newborn. The emergency services provider shall, without a court order, immediately accept the newborn, taking the newborn into temporary protective custody, and shall take action necessary to protect the physical health and safety of the newborn.
(2) If a newborn is surrendered face to face, the emergency services provider shall make a reasonable effort to do all of the following:
(a) if possible, inform the parent that the parent may remain anonymous;
(b) if possible, inform the parent that by surrendering the newborn, the parent is releasing the newborn to the department to be placed for adoption according to law;
(c) if possible, inform the parent that the parent has 60 days to petition the court to regain custody of the newborn;
(d) if possible, ascertain whether the newborn has a tribal affiliation and, if so, ascertain relevant information pertaining to any Indian heritage of the newborn;
(e) provide the parent with written material approved by or produced by the department, which includes but is not limited to all of the following statements:
(i) by surrendering the newborn, the parent is releasing the newborn to the department to be placed for adoption and the department shall initiate court proceedings according to law to place the newborn for adoption, including proceedings to terminate parental rights;
(ii) the parent has 60 days after surrendering the newborn to petition the court to regain custody of the newborn;
(iii) the parent may not receive personal notice of the court proceedings begun by the department;
(iv) information that the parent provides to an emergency services provider will not be made public;
(v) a parent may contact the department for more information and counseling; and
(vi) any Indian heritage of the newborn brings the newborn within the jurisdiction of the Indian Child Welfare Act, 25 U.S.C. 1901, et seq.
(3) If a newborn is surrendered face to face, after providing a parent with the information described in subsection (2), if possible, an emergency services provider shall make a reasonable effort to:
(a) encourage the parent to provide any relevant family or medical information, including information regarding any tribal affiliation;
(b) provide the parent with information that the parent may receive counseling or medical attention;
(c) inform the parent that information that the parent provides will not be made public;
(d) ask the parent for the parent's name;
(e) inform the parent that in order to place the newborn for adoption, the state is required to make a reasonable attempt to identify the other parent and to obtain relevant medical family history and then ask the parent to identify the other parent;
(f) inform the parent that the department can provide confidential services to the parent; and
(g) inform the parent that the parent may sign a relinquishment for the newborn to be used at a hearing to terminate parental rights.
(4) If a newborn is surrendered in a newborn safety device, the emergency services provider shall make a reasonable effort to provide the parent with the written material described in subsection (2)(e).
History: En. Sec. 5, Ch. 277, L. 2001; amd. Sec. 1, Ch. 102, L. 2005; amd. Sec. 2, Ch. 170, L. 2023; amd. Sec. 19, Ch. 716, L. 2023.