2023 Montana Code Annotated › Title 42. Adoption › Chapter 4. Placements for Adoption › Part 2. Placements by Department or Licensed Child-Placing Agency › 42-4-209. Postplacement department or agency evaluation

42-4-209. (Temporary) Postplacement department or agency evaluation.
(1) The department or agency shall complete a written postplacement evaluation. The postplacement evaluation must be conducted according to the department's or agency's standards for placement of a child and at a minimum must include a personal interview with the prospective adoptive parent in that person's home and observation of the relationship between the child and the prospective adoptive parent.
(2) Upon the filing of a petition for adoption by the prospective adoptive parent, the department or agency shall file the postplacement evaluation.
(3) The evaluation must include the following information:
(a) whether the child is legally free for adoption;
(b) whether the proposed home is suitable for the child;
(c) a statement that the medical and social histories of the birth parents and child have been provided to the prospective adoptive parent;
(d) an assessment of adaptation by the prospective adoptive parent to parenting the child;
(e) a statement that the 6-month postplacement evaluation period has been complied with or should be waived;
(f) any other circumstances and conditions that may have a bearing on the adoption and of which the court should have knowledge;
(g) whether the agency waives notice of the proceeding;
(h) a statement that any applicable provision of law governing an interstate or intercountry placement of the child has been complied with; and
(i) a statement of compliance with any applicable provisions of the 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.
(4) The evaluation must contain a definite recommendation stating the reasons for or against the proposed adoption. (Terminates June 30, 2025--sec. 55, Ch. 716, L. 2023.)
42-4-209. (Effective July 1, 2025) Postplacement department or agency evaluation.
(1) The department or agency shall complete a written postplacement evaluation. The postplacement evaluation must be conducted according to the department's or agency's standards for placement of a child and at a minimum must include a personal interview with the prospective adoptive parent in that person's home and observation of the relationship between the child and the prospective adoptive parent.
(2) Upon the filing of a petition for adoption by the prospective adoptive parent, the department or agency shall file the postplacement evaluation.
(3) The evaluation must include the following information:
(a) whether the child is legally free for adoption;
(b) whether the proposed home is suitable for the child;
(c) a statement that the medical and social histories of the birth parents and child have been provided to the prospective adoptive parent;
(d) an assessment of adaptation by the prospective adoptive parent to parenting the child;
(e) a statement that the 6-month postplacement evaluation period has been complied with or should be waived;
(f) any other circumstances and conditions that may have a bearing on the adoption and of which the court should have knowledge;
(g) whether the agency waives notice of the proceeding;
(h) a statement that any applicable provision of law governing an interstate or intercountry placement of the child has been complied with; and
(i) a statement of compliance with any applicable provisions of the Indian Child Welfare Act, 25 U.S.C. 1901, et seq.
(4) The evaluation must contain a definite recommendation stating the reasons for or against the proposed adoption.
History: En. Sec. 110, Ch. 480, L. 1997; amd. Sec. 46, Ch. 716, L. 2023.