2023 Montana Code Annotated › Title 42. Adoption › Chapter 2. Adoption of Child › Part 6. Petition to Terminate Parental Rights › 42-2-604. Contents of petition for termination of parental rights

42-2-604. (Temporary) Contents of petition for termination of parental rights.
(1) The petition for termination of parental rights must state:
(a) the identity of the petitioner;
(b) the date and location of the birth of the child;
(c) the date of the relinquishment by the birth mother or relinquishing parent;
(d) the current location of the child;
(e) the names and locations, if known, of any putative or presumed father of the child;
(f) whether a parent is one from whom consent is not required;
(g) whether court orders from any other proceeding have been issued terminating parental rights to the child that is the subject of the petition;
(h) any other evidence supporting termination of the legal rights that a person has with regard to the child; and
(i) a request for temporary custody of the child prior to the adoption.
(2) The petitioner shall file with the petition for termination of parental rights the following documents received in support of the petition:
(a) any relinquishments and consents to adoption;
(b) any denials of paternity;
(c) any acknowledgments of paternity and denial of parental rights;
(d) any affidavits from the putative father registry that have been executed by the department;
(e) the adoptive decision support services report required under 42-2-409;
(f) proof of prior service of any notice or acknowledgment of service or waiver of service received; and
(g) proof of compliance with the federal Indian Child Welfare Act of 1978, the Montana Indian Child Welfare Act provided for in Title 41, chapter 3, part 13, and Interstate Compact on the Placement of Children, if applicable. (Terminates June 30, 2025--sec. 55, Ch. 716, L. 2023.)
42-2-604. (Effective July 1, 2025) Contents of petition for termination of parental rights.
(1) The petition for termination of parental rights must state:
(a) the identity of the petitioner;
(b) the date and location of the birth of the child;
(c) the date of the relinquishment by the birth mother or relinquishing parent;
(d) the current location of the child;
(e) the names and locations, if known, of any putative or presumed father of the child;
(f) whether a parent is one from whom consent is not required;
(g) whether court orders from any other proceeding have been issued terminating parental rights to the child that is the subject of the petition;
(h) any other evidence supporting termination of the legal rights that a person has with regard to the child; and
(i) a request for temporary custody of the child prior to the adoption.
(2) The petitioner shall file with the petition for termination of parental rights the following documents received in support of the petition:
(a) any relinquishments and consents to adoption;
(b) any denials of paternity;
(c) any acknowledgments of paternity and denial of parental rights;
(d) any affidavits from the putative father registry that have been executed by the department;
(e) the adoptive decision support services report required under 42-2-409;
(f) proof of prior service of any notice or acknowledgment of service or waiver of service received; and
(g) proof of compliance with the Indian Child Welfare Act of 1978 and Interstate Compact on the Placement of Children, if applicable.
History: En. Secs. 64, 65, Ch. 480, L. 1997; amd. Sec. 5, Ch. 175, L. 2021; amd. Sec. 42, Ch. 716, L. 2023.