reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 42. Adoption › Chapter 2. Adoption of Child › Part 4. Voluntary Relinquishment and Consent to Adopt › 42-2-410. Revocation of relinquishment and consent

42-2-410. Revocation of relinquishment and consent.
(1) The parent who executed the relinquishment and consent to adopt and the department, agency, or prospective adoptive parent named or described in the relinquishment and consent to adopt may mutually agree to its revocation prior to the issuance of an order terminating parental rights.
(2) A relinquishment may not be revoked if an order has been issued terminating parental rights.
History: En. Sec. 49, Ch. 480, L. 1997.
2023 Montana Code Annotated › Title 42. Adoption › Chapter 2. Adoption of Child › Part 4. Voluntary Relinquishment and Consent to Adopt › 42-2-411. Conditional relinquishment and consent

42-2-411. Conditional relinquishment and consent.
(1) A relinquishment and consent to adopt may provide that it not take effect only if:
(a) the other parent does not execute a relinquishment and consent to adopt within a specified period; or
(b) a court decides to not terminate another individual's parental relationship to the child.
(2) A relinquishment and consent to adopt may not be conditioned on whether or not existing agreements for matters, including but not limited to visitation and ongoing communication with the child, are later performed.
History: En. Sec. 50, Ch. 480, L. 1997.
2023 Montana Code Annotated › Title 42. Adoption › Chapter 2. Adoption of Child › Part 4. Voluntary Relinquishment and Consent to Adopt › 42-2-413. Consequences of relinquishment and consent to adopt

42-2-413. Consequences of relinquishment and consent to adopt.
Except under a circumstance stated in 42-2-411 a relinquishment and consent to the adoption of a child that is executed by a parent or guardian in substantial compliance with 42-2-412 is final and irrevocable. The relinquishment and consent to adopt:
(1) unless a court orders otherwise to protect the welfare of the child, entitles the department, agency, or prospective adoptive parent named or described to the legal and physical custody of the child and imposes on that department, agency, or prospective adoptive parent responsibility for the support and medical and other care of the child;
(2) terminates, as provided in 42-2-403, any duty of the parent who executed the document with respect to the child except for arrearages of child support; and
(3) terminates any right of the parent or guardian who executed the document to:
(a) object to the placement of the child for adoption by the department or agency; and
(b) object to the child's adoption by the prospective adoptive parent.
History: En. Sec. 52, Ch. 480, L. 1997.
2023 Montana Code Annotated › Title 42. Adoption › Chapter 2. Adoption of Child › Part 4. Voluntary Relinquishment and Consent to Adopt › 42-2-414. Notification of availability of mental health services

42-2-414. Notification of availability of mental health services.
A health care provider providing primary or prenatal care to a birth mother shall inform the birth mother of the availability of medically necessary outpatient mental health services.
History: En. Sec. 4, Ch. 175, L. 2021.
2023 Montana Code Annotated › Title 42. Adoption › Chapter 2. Adoption of Child › Part 4. Voluntary Relinquishment and Consent to Adopt › 42-2-417. Grounds for court to set aside relinquishment and consent

42-2-417. Grounds for court to set aside relinquishment and consent.
(1) The court shall set aside a relinquishment and consent to adopt if the individual who executed the relinquishment and consent establishes:
(a) by clear and convincing evidence, before a decree of adoption is issued, that the consent was obtained by fraud or duress; or
(b) by a preponderance of the evidence, that a condition permitting revocation has occurred, as expressly provided for in 42-2-411.
(2) A verbatim record of testimony must be made.
History: En. Sec. 53, Ch. 480, L. 1997.
2023 Montana Code Annotated › Title 42. Adoption › Chapter 2. Adoption of Child › Part 4. Voluntary Relinquishment and Consent to Adopt › 42-2-418. Remedy when relinquishment and consent to adopt revoked or set aside -- expediency

42-2-418. Remedy when relinquishment and consent to adopt revoked or set aside -- expediency.
(1) If a relinquishment and consent to adopt that was executed by an individual is revoked or set aside, the department, agency, or prospective adoptive parent shall immediately return the child to the individual's custody and move to dismiss a proceeding for adoption or termination of the individual's parental rights to the child unless:
(a) the department has legal custody pursuant to a court order;
(b) there are grounds for the department to seek a court order under the provisions of Title 41, chapter 3; or
(c) the individual did not have legal custody of the child at the time the relinquishment and consent to adopt was executed.
(2) In the circumstances described in subsections (1)(a) through (1)(c) and when there is no existing court order providing for care and custody, the court shall issue an order providing for the care and custody of the child according to the best interests of the child under any law applicable to the circumstances of the case.
(3) Except as provided in subsection (1), if after revocation or the setting aside of a relinquishment or consent a child is not returned immediately by the department, agency, or prospective adoptive parent, the individual may petition the court for appropriate relief. The action must take precedence over other cases and matters in the court. The court shall examine the petition, hear the case, and render a decision as soon as possible.
History: En. Sec. 54, Ch. 480, L. 1997.
2023 Montana Code Annotated › Title 42. Adoption › Chapter 2. Adoption of Child › Part 4. Voluntary Relinquishment and Consent to Adopt › 42-2-421. Notarized denial of paternity -- no entitlement to notice

42-2-421. Notarized denial of paternity -- no entitlement to notice.
(1) Execution of a notarized denial of paternity of a child is a voluntary act that constitutes a waiver of all parental rights to the child, except for the duty to pay support if paternity is established or presumed.
(2) A notarized denial of paternity is irrevocable when executed. An individual who has executed a denial of paternity toward a child who is the subject of adoption proceedings is not entitled to notice of either the hearing to terminate parental rights or the hearing on an adoption petition.
History: En. Sec. 55, Ch. 480, L. 1997.
2023 Montana Code Annotated › Title 42. Adoption › Chapter 2. Adoption of Child › Part 4. Voluntary Relinquishment and Consent to Adopt › 42-2-422. Notarized acknowledgment of paternity and denial of interest in custody -- no entitlement to notice

42-2-422. Notarized acknowledgment of paternity and denial of interest in custody -- no entitlement to notice.
(1) Submission of a notarized acknowledgment of paternity and a denial of any interest in the custody of the child is a voluntary act that constitutes a waiver of all parental rights to the child but does not absolve the person of the duty to pay support.
(2) An individual who has executed an acknowledgment of paternity and denial of interest in the custody in a child who is the subject of adoption proceedings is not entitled to notice of either the hearing to terminate parental rights or the hearing on an adoption petition unless, subsequent to execution of the acknowledgment of paternity and denial of interest in custody, the individual has complied with all of the requirements of 42-2-205 and has done so within the time limits established in 42-2-206.
History: En. Sec. 56, Ch. 480, L. 1997.
2023 Montana Code Annotated › Title 42. Adoption › Chapter 2. Adoption of Child › Part 5. Involuntary Termination of Parental Rights › 42-2-501. Timing of proceedings to terminate

42-2-501. Timing of proceedings to terminate.
(1) In order to provide notice to a putative father at the earliest possible time of an expectant mother's intent to release an expected child for adoption and in order to facilitate early placement of a child for adoption, an expectant mother may initiate proceedings to terminate paternal rights by filing a petition of intent to place a child for adoption prior to the birth of the child.
(2) A petition to terminate parental rights may also be filed after a child is born.
History: En. Sec. 57, Ch. 480, L. 1997.
2023 Montana Code Annotated › Title 42. Adoption › Chapter 2. Adoption of Child › Part 5. Involuntary Termination of Parental Rights › 42-2-502. Expected child -- filing of petition indicating intent to release or consent to adoption

42-2-502. Expected child -- filing of petition indicating intent to release or consent to adoption.
(1) A pregnant individual may file a petition with the court indicating the intention to place an expected child for adoption.
(2) The petition must include the following information:
(a) the individual's intent to release the expected child for adoption;
(b) the approximate date and location of conception;
(c) the expected date of delivery;
(d) any information concerning the identity and whereabouts of any putative or presumed father of the expected child; and
(e) in a situation in which there is a presumed father, the grounds upon which the individual relies in contending that the nonexistence of the father and child relationship can be established in an action brought under 40-6-107.
(3) The petition may allege more than one putative or presumed father.
(4) The petition must be signed by the petitioner and notarized.
History: En. Sec. 58, Ch. 480, L. 1997.
2023 Montana Code Annotated › Title 42. Adoption › Chapter 2. Adoption of Child › Part 5. Involuntary Termination of Parental Rights › 42-2-503. Notice to any named father of intent to release child for adoption

42-2-503. Notice to any named father of intent to release child for adoption.
(1) Upon the filing of the petition under 42-2-502, the court shall issue a notice of intent to release a child for adoption.
(2) The notice must be served by the petitioner, in the manner provided by the Montana Rules of Civil Procedure, upon each putative or presumed father at least 20 days prior to the expected date of birth of the child. Proof of service must be filed with the court.
(3) A notice of intent to release directed to a putative father must indicate the approximate date and location of conception of the child and the expected date of birth and must inform the putative father:
(a) that the putative father is required to appear at the hearing at the time and date set by the court;
(b) of the rights and responsibilities to which the putative father will be entitled upon registering with the putative father registry; and
(c) that the failure to timely comply with all requirements of filing with the putative father registry:
(i) constitutes a waiver of the right to receive the notice provided for in 42-2-205; and
(ii) may result in the court's termination of the putative father's rights to the child.
(4) In addition to the information contained in subsection (3), a notice of intent to release directed to an individual presumed to be the father under 40-6-105 must also indicate the intention of the mother to ask for a declaration establishing the nonexistence of the father and child relationship and the grounds for seeking the declaration.
History: En. Secs. 59, 60, Ch. 480, L. 1997.
2023 Montana Code Annotated › Title 42. Adoption › Chapter 2. Adoption of Child › Part 6. Petition to Terminate Parental Rights › 42-2-601. Venue

42-2-601. Venue.
Proceedings to terminate parental rights may be filed in the court in the county in which a petitioner resides, the child resides, or an office of the agency that is placing the child is located.
History: En. Sec. 61, Ch. 480, L. 1997.
2023 Montana Code Annotated › Title 42. Adoption › Chapter 2. Adoption of Child › Part 6. Petition to Terminate Parental Rights › 42-2-602. Necessity for parental rights to be terminated

42-2-602. Necessity for parental rights to be terminated.
A child is not legally free for adoption until the parental rights of the birth parent or parents have been terminated by a court:
(1) as provided in this title;
(2) pursuant to Title 41, chapter 3; or
(3) of competent jurisdiction in another state or country.
History: En. Sec. 62, Ch. 480, L. 1997.
2023 Montana Code Annotated › Title 42. Adoption › Chapter 2. Adoption of Child › Part 6. Petition to Terminate Parental Rights › 42-2-603. Petition for termination of parental rights

42-2-603. Petition for termination of parental rights.
(1) Pending the termination or other disposition of the rights of the father of the child, the birth mother may execute a relinquishment and consent to adoption.
(2) The department, a licensed child-placing agency, the prospective adoptive parent to whom the relinquishment is issued, or a guardian with custody of the child shall file with the court a signed and notarized petition for termination of parental rights pursuant to Title 41, chapter 3, or pursuant to this title.
(3) At the request of the relinquishing parent, the execution of a relinquishment may be conditioned as set forth in 42-2-411.
(4) Pending disposition of the petition, the court may enter an order authorizing temporary care of the child.
History: En. Sec. 63, Ch. 480, L. 1997.
2023 Montana Code Annotated › Title 42. Adoption › Chapter 2. Adoption of Child › Part 6. Petition to Terminate Parental Rights › 42-2-605. Notice of hearing -- service

42-2-605. Notice of hearing -- service.
(1) Notice of a hearing to be held on the petition for termination of parental rights must be served in any manner appropriate under the Montana Rules of Civil Procedure or in any manner that the court may direct on:
(a) a putative or presumed father who has timely and properly complied with the putative father registry;
(b) a putative father who was not served with a notice of intent to release at least 20 days before the expected date of birth as specified in the notice of intent to release;
(c) a person adjudicated, in Montana, to be the father of the child for the purpose of child support;
(d) a person who is recorded on the child's birth certificate as the child's father;
(e) a person who is openly living with the child and the child's mother at the time that the proceeding is initiated or at the time the child was placed in the care of an authorized agency and who is representing to the public that the person is the child's father;
(f) a spouse, if the parent relinquishing the child for adoption was married to that person at the time of conception of the child or at any time after conception but prior to birth; or
(g) a parent or legal guardian of the child in question who has not waived notice.
(2) The notice of hearing must inform the putative or presumed father or other parent that failure to appear at the hearing constitutes a waiver of the individual's interest in custody of the child and will result in the court's termination of the individual's rights to the child.
(3) Proof of service of the notice of hearing must be filed with the court. A notarized acknowledgment of service by the party to be served is proof of personal service. Proof of service is not required if the putative father is present at the hearing. A waiver of notice of the hearing by an individual entitled to receive notice is sufficient.
(4) If the court finds that the father of the child is a person who did not receive either a timely notice of intent to release pursuant to 42-2-205 or a notice required pursuant to this section and who has not waived the right to notice of hearing and that person is not present at the hearing, the court shall adjourn further proceedings until that person is served with a notice of hearing.
History: En. Secs. 66, 67, Ch. 480, L. 1997.
2023 Montana Code Annotated › Title 42. Adoption › Chapter 2. Adoption of Child › Part 6. Petition to Terminate Parental Rights › 42-2-606. Hearing on petition to terminate parental rights

42-2-606. Hearing on petition to terminate parental rights.
(1) The court shall hold a hearing as soon as practical to determine the identity of and terminate the parental rights of the parents of the child.
(2) If a putative father has not been named and no one has registered with the putative father registry, the court shall cause inquiry to be made in an effort to identify any legal father. The inquiry must include whether the mother was married at the time of conception of the child or at any time after conception and prior to birth.
(3) Based on the evidence received and the court's inquiry, the court shall enter a finding identifying the father or declaring that the identity of the father could not be determined.
(4) Based on the grounds set forth in 42-2-607 and the evidence received at the hearing, the court shall enter an order concerning the parental rights to the child.
(5) If the court terminates the parental rights to the child and the department, agency, or prospective adoptive parent has agreed to accept custody of the child until the child is adopted, the court shall issue an order awarding custody of the child to the petitioner.
History: En. Secs. 68, 69, Ch. 480, L. 1997.
2023 Montana Code Annotated › Title 42. Adoption › Chapter 2. Adoption of Child › Part 6. Petition to Terminate Parental Rights › 42-2-607. Grounds for termination of parental rights

42-2-607. Grounds for termination of parental rights.
The court may terminate a parent's rights to a child who is the subject of an adoption proceeding based upon:
(1) the voluntary acts of the parent in:
(a) executing a voluntary relinquishment and consent to adopt;
(b) submitting a notarized denial of paternity executed pursuant to 42-2-421; or
(c) submitting a notarized acknowledgment of paternity and denial of interest in custody of the child executed pursuant to 42-2-422;
(2) a determination under 42-2-608 that the parent is unfit;
(3) a determination under 42-2-609 that the relationship of parent and child does not exist;
(4) a determination under 42-2-610 that a putative father has failed to establish and maintain a substantial relationship with the child; or
(5) a determination that the parent has irrevocably waived parental rights by failing to timely act to protect the rights.
History: En. Sec. 70, Ch. 480, L. 1997; amd. Sec. 5, Ch. 257, L. 1999.
2023 Montana Code Annotated › Title 42. Adoption › Chapter 2. Adoption of Child › Part 6. Petition to Terminate Parental Rights › 42-2-609. Determination that no parent and child relationship exists

42-2-609. Determination that no parent and child relationship exists.
For purposes of making a child available for adoption, the court may terminate the parental rights of a putative father on the grounds that the parent and child relationship does not exist if:
(1) a judicial determination is made under 40-6-107 that the parent and child relationship does not exist. This includes the termination of the parental rights of the husband of the mother who is placing the child for adoption or the parental rights of an individual who is a presumed father of the child.
(2) a determination is made that:
(a) an individual has not timely registered with the putative father registry;
(b) an individual has not been adjudicated, in Montana, to be the father of the child for the purpose of child support;
(c) an individual has not been recorded on the child's birth certificate as the child's father;
(d) an individual has not openly lived with the child and the child's mother at the time that the proceeding is initiated or at the time that the child was placed in the care of an authorized agency and an individual is not representing to the public that the individual is the child's father; and
(e) the child's mother was not married to the person who is the subject of the termination proceedings at the probable time of the child's conception or at the time that the child was born; or
(3) a putative father appears at the hearing but is unable to establish by a preponderance of the evidence the minimum requirements provided in 42-2-610 for demonstrating the establishment of a substantial relationship with the child.
History: En. Sec. 72, Ch. 480, L. 1997; amd. Sec. 6, Ch. 257, L. 1999.
2023 Montana Code Annotated › Title 42. Adoption › Chapter 2. Adoption of Child › Part 6. Petition to Terminate Parental Rights › 42-2-611. Irrevocable waiver of parental rights

42-2-611. Irrevocable waiver of parental rights.
(1) The court may find an irrevocable waiver of parental rights of:
(a) a putative father who was timely served with notice of intent to release if the court is provided with proof of service and proof that the putative father failed to timely comply with the requirements of the putative father registry;
(b) a parent or putative father who is served with notice of proceedings and fails to appear at the hearing; or
(c) a parent or putative father who is served with notice of proceedings and appears and denies any interest in custody of the child.
(2) The court may terminate parental rights under this section upon a finding of irrevocable waiver of all rights to the child.
History: En. Secs. 74, 75, Ch. 480, L. 1997.
2023 Montana Code Annotated › Title 42. Adoption › Chapter 2. Adoption of Child › Part 6. Petition to Terminate Parental Rights › 42-2-616. Appearance of parent at hearing -- determination of custody

42-2-616. Appearance of parent at hearing -- determination of custody.
(1) If a parent appears at the hearing on the petition to terminate parental rights, objects to the termination of rights, and requests custody of the child, the court shall set deadlines that allow the parties to complete discovery and shall set a hearing on the determination of the parent's rights to the child.
(2) At the hearing, the court shall consider whether there is a basis for terminating parental rights and whether the best interests of the child will be served by granting custody to the respondent parent, the department, a licensed child-placing agency, or a prospective adoptive parent in a direct parental placement adoption.
(3) If the petitioner has established that there are grounds for terminating parental rights and it is in the best interests of the child for termination to occur, those rights must be terminated.
History: En. Sec. 76, Ch. 480, L. 1997.
2023 Montana Code Annotated › Title 42. Adoption › Chapter 2. Adoption of Child › Part 6. Petition to Terminate Parental Rights › 42-2-617. Effect of order terminating parental rights

42-2-617. Effect of order terminating parental rights.
(1) An order granting the petition for termination of parental rights:
(a) terminates the parent and child relationship except for an obligation for arrearages of child support;
(b) terminates the jurisdiction of the court over the child in any dissolution or separate maintenance action;
(c) extinguishes any right the parent had to withhold consent to a proposed adoption of the child or to further notice of a proceeding for adoption; and
(d) awards custody of the child to the department, agency, or prospective adoptive parent to whom the relinquishment was given if the department, agency, or prospective adoptive parent has agreed in writing to accept custody of the child until the adoption is finalized.
(2) A person accepting custody is responsible for the support of the child.
History: En. Sec. 77, Ch. 480, L. 1997.
2023 Montana Code Annotated › Title 42. Adoption › Chapter 2. Adoption of Child › Part 6. Petition to Terminate Parental Rights › 42-2-619. Expediency

42-2-619. Expediency.
A contested termination of parental rights action must take precedence over other cases and matters in the court or on appeal. The court shall examine any issues raised in challenging termination of a parent's rights or regarding the validity of any adoption decree and shall render a decision as soon as possible.
History: En. Sec. 79, Ch. 480, L. 1997; amd. Sec. 8, Ch. 257, L. 1999.
2023 Montana Code Annotated › Title 42. Adoption › Chapter 2. Adoption of Child › Part 6. Petition to Terminate Parental Rights › 42-2-620. Finality

42-2-620. Finality.
Subject to the disposition of a timely appeal, upon expiration of 6 months after an order terminating parental rights has been issued, the order may not be questioned by any person, in any manner, or upon any ground, including fraud, misrepresentation, failure to give any required notice, or lack of jurisdiction of the parties or the subject matter.
History: En. Sec. 80, Ch. 480, L. 1997.
2023 Montana Code Annotated › Title 42. Adoption › Chapter 3. Requirements of Parties in Adoption › Part 1. Duty of Placing Party to Disclose Information › 42-3-101. Duty to disclose information -- form -- availability -- filing

42-3-101. Duty to disclose information -- form -- availability -- filing.
(1) Except for an adoption proceeding by a stepparent, in any adoption under this title, a birth parent, the department, or an agency shall provide a prospective adoptive parent with social and medical histories of the birth families, including tribal affiliation, if applicable.
(2) In a direct parental placement adoption, the birth family social and medical histories must be completed on a form provided by the department and filed with the court when the adoption petition is filed.
(3) The department shall make a form available to agencies and court administrators for public distribution.
History: En. Sec. 81, Ch. 480, L. 1997.
2023 Montana Code Annotated › Title 42. Adoption › Chapter 3. Requirements of Parties in Adoption › Part 1. Duty of Placing Party to Disclose Information › 42-3-102. Retention of disclosures

42-3-102. Retention of disclosures.
(1) In a direct parental placement adoption, the disclosures required by 42-3-101 must be filed with the court in support of the notice of parental placement filed pursuant to 42-4-103 and must be permanently maintained.
(2) In an adoption arranged by the department or an agency, the disclosures required by 42-3-101 must be permanently maintained in the files of the department or the agency.
History: En. Sec. 82, Ch. 480, L. 1997.
2023 Montana Code Annotated › Title 42. Adoption › Chapter 3. Requirements of Parties in Adoption › Part 2. Requirements of Prospective Adoptive Parents › 42-3-201. Preplacement evaluation -- timing

42-3-201. Preplacement evaluation -- timing.
(1) A child may not be placed for purposes of adoption unless the person with whom a child is proposed to be placed has had a preplacement evaluation completed to determine fitness and readiness as an adoptive parent.
(2) In a direct parental placement adoption, the placing parent must be provided with a copy of the preplacement evaluation prior to execution of a relinquishment and consent to adoption of the child.
(3) The required preplacement evaluation must provide all pertinent information pertaining to the topics identified in 42-3-203.
History: En. Sec. 83, Ch. 480, L. 1997.
2023 Montana Code Annotated › Title 42. Adoption › Chapter 3. Requirements of Parties in Adoption › Part 2. Requirements of Prospective Adoptive Parents › 42-3-202. Initiation of preplacement evaluation -- who conducts evaluation -- payment of fees

42-3-202. Initiation of preplacement evaluation -- who conducts evaluation -- payment of fees.
(1) A prospective adoptive parent who wishes to adopt a child may initiate the process by:
(a) establishing a client relationship with the department or a licensed child-placing agency; or
(b) requesting a preplacement evaluation from the department, a licensed social worker, or a licensed child-placing agency.
(2) In a direct parental placement adoption, the preplacement evaluation must be conducted by either a licensed social worker or a licensed child-placing agency.
(3) The prospective adoptive parent and the home of the prospective adoptive parent must be studied and evaluated according to the provisions of this part.
(4) A department or agency from which an individual is seeking to adopt a child may require the individual to be evaluated by its own qualified employee or independent contractor even if the individual has received a favorable preplacement evaluation from another evaluator.
(5) Fees for the study and report are set by the entity completing them and must be paid for by the prospective adoptive parent.
History: En. Sec. 84, Ch. 480, L. 1997; amd. Sec. 21, Ch. 311, L. 2001.
2023 Montana Code Annotated › Title 42. Adoption › Chapter 3. Requirements of Parties in Adoption › Part 2. Requirements of Prospective Adoptive Parents › 42-3-203. Information to be reviewed in conducting preplacement evaluation

42-3-203. Information to be reviewed in conducting preplacement evaluation.
(1) A preplacement evaluation must include a review of the following information about the prospective adoptive parent:
(a) a check of criminal conviction data, data on substantiated abuse or neglect of a child under Title 41, chapter 3, and data pertaining to any involvement in incidents of domestic violence;
(b) medical and social history and current health;
(c) assessment of potential parenting skills;
(d) assessment of ability to provide adequate financial support for a child; and
(e) assessment of the level of knowledge and awareness of adoption issues, including, when appropriate, matters relating to open, interracial, cross-cultural, and special needs adoptions.
(2) (a) The prospective adoptive parent, the department of justice, and other state, county, and local agencies, after written notice to the subject of the study, shall give the evaluator completing the adoption study substantiated data pertaining to criminal convictions and any reports concerning domestic violence and substantiated abuse or neglect of children or vulnerable adults.
(b) The adoption study may also include a check of the youth court records of any person living in the prospective home. Pursuant to 41-5-215 and 41-5-216, the youth court shall release the requested information to the evaluator completing the adoption study. If applicable, the study must include an evaluation of the effect of a conviction, adjudication, or finding of substantiated abuse or neglect on the ability to care for a child.
(3) The preplacement evaluation must include at least one in-home visit with the prospective adoptive parent and at least one interview with each family member.
History: En. Sec. 85, Ch. 480, L. 1997; amd. Sec. 9, Ch. 257, L. 1999.
2023 Montana Code Annotated › Title 42. Adoption › Chapter 3. Requirements of Parties in Adoption › Part 2. Requirements of Prospective Adoptive Parents › 42-3-204. Contents of preplacement evaluation

42-3-204. Contents of preplacement evaluation.
(1) The preplacement evaluation report must contain the following information if available:
(a) age and date of birth, nationality, racial or ethnic background, and any religious affiliation;
(b) marital status and family history, including the age and location of any child of the individual and the identity of and relationship to anyone else living in the individual's household;
(c) physical and mental health and any history of abuse of alcohol or drugs;
(d) educational and employment history and any special skills;
(e) property and income, including outstanding financial obligations as indicated in a current credit report or financial statement furnished by the individual;
(f) any previous request for an evaluation or involvement in an adoptive placement and the outcome of the evaluation or placement;
(g) whether the individual has been charged with or convicted of domestic violence or has been involved in a substantiated charge of child abuse or neglect or abuse or neglect of a vulnerable adult as defined in 52-3-803 and the disposition of the charges;
(h) whether the individual is subject to a court order restricting the individual's right to custody or visitation with a child;
(i) whether the individual has been convicted of a crime other than a minor traffic violation;
(j) whether the individual has located a parent interested in placing a child with the individual for adoption and, if so, a brief description of the parent and the child; and
(k) any other fact or circumstance that may be relevant in determining whether the individual is suited to be an adoptive parent, including the quality of the environment in the individual's home and the functioning of other children in the individual's household.
(2) The report must contain recommendations regarding the suitability of the subject of the study to be an adoptive parent.
(3) A preplacement evaluation is valid for 1 year following its date of completion and must be updated if there is a significant change in circumstances.
(4) Prior to accepting physical custody of a child for purposes of adoption, a prospective adoptive parent must have the preplacement evaluation completed by the evaluator, and the evaluation must specifically address the appropriateness of placing the specifically identified child or children who will be the subject of the adoption proceedings with the prospective adoptive parent.
History: En. Sec. 86, Ch. 480, L. 1997; amd. Sec. 6, Ch. 12, L. 2023.
2023 Montana Code Annotated › Title 42. Adoption › Chapter 3. Requirements of Parties in Adoption › Part 2. Requirements of Prospective Adoptive Parents › 42-3-205. Recommendation

42-3-205. Recommendation.
(1) An evaluator shall assess the information required by 42-3-203 to determine if it raises a specific concern that placement of any child or a particular child in the home of the individual would pose a significant risk of harm to the physical or psychological well-being of the child.
(2) If an evaluator determines that the information assessed does not raise a specific concern, the evaluator shall find that the individual is suited to be an adoptive parent. The evaluator may comment about any factor that in the evaluator's opinion makes the individual suited in general or for a particular child.
(3) If an evaluator determines that the information assessed raises a specific concern, the evaluator, on the basis of the original or any further investigation, shall find that the individual is or is not suited to be an adoptive parent. The evaluator shall support the finding with a written explanation.
History: En. Sec. 87, Ch. 480, L. 1997.
2023 Montana Code Annotated › Title 42. Adoption › Chapter 3. Requirements of Parties in Adoption › Part 2. Requirements of Prospective Adoptive Parents › 42-3-206. Distribution of evaluation -- retention -- immunity for evaluator

42-3-206. Distribution of evaluation -- retention -- immunity for evaluator.
(1) The evaluator shall furnish a copy of the evaluation to a department, agency, or other person authorized to place a child for adoption and, upon payment by the person evaluated of the cost of the evaluation services, to the person evaluated.
(2) An evaluator shall retain the original of a completed or incomplete preplacement evaluation and a list of each source for each item of information in the evaluation. An evaluator who ceases to do business in Montana shall give the evaluator's records to the department for retention.
(3) An evaluator, except a department evaluator, who conducted an evaluation in good faith is not subject to civil liability for anything contained in the evaluation.
History: En. Sec. 88, Ch. 480, L. 1997.
2023 Montana Code Annotated › Title 42. Adoption › Chapter 3. Requirements of Parties in Adoption › Part 2. Requirements of Prospective Adoptive Parents › 42-3-207. Action by department

42-3-207. Action by department.
If, before a decree of adoption is issued, the department learns from an evaluator or another person that a child has been placed for adoption with an individual who is the subject of a preplacement evaluation on file with the department containing a finding of unsuitability, the department shall immediately review the evaluation and make a determination of whether the department has authority pursuant to Title 41, chapter 3, to intervene.
History: En. Sec. 89, Ch. 480, L. 1997.
2023 Montana Code Annotated › Title 42. Adoption › Chapter 3. Requirements of Parties in Adoption › Part 2. Requirements of Prospective Adoptive Parents › 42-3-212. Court waiver for relatives

42-3-212. Court waiver for relatives.
In a direct parental placement adoption, if the court is satisfied that adoption is in the best interests of the child, the court may waive the requirement of a preplacement and postplacement evaluation when a parent or guardian places a child for adoption directly with an extended family member of the child.
History: En. Sec. 90, Ch. 480, L. 1997; amd. Sec. 10, Ch. 257, L. 1999; amd. Sec. 21, Ch. 504, L. 2003.
2023 Montana Code Annotated › Title 42. Adoption › Chapter 3. Requirements of Parties in Adoption › Part 2. Requirements of Prospective Adoptive Parents › 42-3-213. Filing of evaluation in adoption proceedings

42-3-213. Filing of evaluation in adoption proceedings.
(1) In a direct parental placement adoption, the preplacement evaluation report must be filed with the court in support of the petition to terminate parental rights for purposes of adoption.
(2) In an adoption arranged by the department or a licensed child-placing agency, the preplacement evaluation report must be permanently maintained in the files of the department or the licensed child-placing agency.
History: En. Sec. 91, Ch. 480, L. 1997; amd. Sec. 11, Ch. 257, L. 1999.
2023 Montana Code Annotated › Title 42. Adoption › Chapter 3. Requirements of Parties in Adoption › Part 3. Requirements of Department or Licensed Child-Placing Agency › 42-3-301. Requirement for preplacement evaluation

42-3-301. Requirement for preplacement evaluation.
(1) Before the department or licensed child-placing agency may place a child for purposes of adoption, the prospective adoptive parent and the home of the prospective adoptive parent must be studied and evaluated as provided in part 2 of this chapter.
(2) The department or agency shall prepare a written report containing the results of its evaluation.
History: En. Sec. 92, Ch. 480, L. 1997; amd. Sec. 22, Ch. 311, L. 2001.
2023 Montana Code Annotated › Title 42. Adoption › Chapter 4. Placements for Adoption › Part 1. Direct Parental Placements › 42-4-101. Parties to direct parental placement adoption

42-4-101. Parties to direct parental placement adoption.
A parent of a child may directly place the child for adoption with a specifically identified prospective adoptive parent who:
(1) resides in Montana or in another state that allows direct parental placement;
(2) is known to and has been personally selected by the parent; and
(3) has previously obtained a favorable preplacement evaluation.
History: En. Sec. 93, Ch. 480, L. 1997.
2023 Montana Code Annotated › Title 42. Adoption › Chapter 4. Placements for Adoption › Part 1. Direct Parental Placements › 42-4-106. Duty of prospective adoptive parent to provide preplacement evaluation

42-4-106. Duty of prospective adoptive parent to provide preplacement evaluation.
(1) Prior to taking custody of a child whom the prospective adoptive parent intends to adopt, the prospective adoptive parent shall obtain a favorable preplacement evaluation.
(2) A placing parent must be provided with a copy of the preplacement evaluation prior to execution of a relinquishment and consent to adoption of the child.
History: En. Sec. 96, Ch. 480, L. 1997.
2023 Montana Code Annotated › Title 42. Adoption › Chapter 4. Placements for Adoption › Part 1. Direct Parental Placements › 42-4-110. Duty to promptly petition

42-4-110. Duty to promptly petition.
(1) Within 30 days after the filing of a notice of parental placement or the execution of a relinquishment and consent to the adoption of the child, whichever is later, a prospective adoptive parent shall promptly act to resolve the child's legal status by filing:
(a) a petition for termination of parental rights for purposes of adoption, including a request for custody, that includes:
(i) the relinquishment and consent to adopt executed by any legal parent other than the placing parent who has filed the notice of parental placement;
(ii) a certified copy of any court order terminating the rights and duties of any parent or guardian of the child; and
(iii) any other evidence supporting termination of the legal rights a person has with regard to the child;
(b) a petition to adopt the child who is the subject of the proceedings;
(c) a copy of the preplacement evaluation pertaining to the adoptive parent;
(d) a copy of an agreement with the department or a licensed child-placing agency agreeing to accept supervision over the postplacement evaluation period and to prepare the postplacement evaluation;
(e) a disclosure of all disbursements made with regard to the adoptive placement to date; and
(f) an affidavit from the department reporting on whether any individual has registered with the putative father registry and claims an interest in the child.
(2) The prospective adoptive parent shall request that the court promptly notice the matters provided for in subsection (1) for hearing in a timely manner.
History: En. Sec. 97, Ch. 480, L. 1997.
2023 Montana Code Annotated › Title 42. Adoption › Chapter 4. Placements for Adoption › Part 1. Direct Parental Placements › 42-4-111. Custody order

42-4-111. Custody order.
(1) The court shall consider the petition to adopt and shall make a determination as to whether temporary custody should be awarded to the petitioner. In making that determination, the court shall consider:
(a) the preplacement evaluation that pertains specifically to placement of the child who is the subject of the adoption petition with the petitioner; and
(b) if any significant change in the petitioner's or child's circumstances has occurred since preparation of the preplacement evaluation.
(2) Upon a determination that it is in the best interests of the child, the court shall enter an order granting temporary custody to the prospective adoptive parent.
(3) Upon a determination that it is not in the best interests of the child to place custody with the prospective adoptive parent, the court shall deny the petition to terminate parental rights of the placing parent and shall make any other order with regard to the custody of the child that is necessary to protect the well-being of the child.
History: En. Sec. 98, Ch. 480, L. 1997.
2023 Montana Code Annotated › Title 42. Adoption › Chapter 4. Placements for Adoption › Part 1. Direct Parental Placements › 42-4-112. Period for postplacement supervision

42-4-112. Period for postplacement supervision.
(1) In a direct parental placement adoption, the court shall maintain jurisdiction over the placement during a postplacement evaluation period and issue an order for postplacement supervision and a postplacement evaluation.
(2) The postplacement evaluation period must be supervised and evaluated by a licensed social worker or other qualified person appointed, contracted with, or employed by:
(a) the department, if the department has accepted supervision of the placement; or
(b) a licensed child-placing agency.
(3) The court shall provide the evaluator with copies of the petition for adoption and the items filed with the petition.
(4) A decree of adoption may not be entered for at least 6 months from the date an order is entered granting temporary custody during the pendency of the proceedings.
History: En. Sec. 99, Ch. 480, L. 1997; amd. Sec. 23, Ch. 311, L. 2001.
2023 Montana Code Annotated › Title 42. Adoption › Chapter 4. Placements for Adoption › Part 1. Direct Parental Placements › 42-4-113. Postplacement evaluation for direct parental placement adoption

42-4-113. Postplacement evaluation for direct parental placement adoption.
(1) An evaluation must be based on a personal interview with the prospective adoptive parent in the prospective parent's home and an observation of the relationship between the child and the prospective adoptive parent.
(2) An evaluation must be in writing.
(3) At a minimum, the evaluation must include the following information:
(a) assessment of adaptation by the prospective adoptive parent to parenting the child;
(b) assessment of the health and well-being of the child in the prospective adoptive home;
(c) analysis of the level of incorporation by the child into the prospective adoptive parent's home, extended family, and community;
(d) assessment of the level of incorporation of the child's previous history into the prospective adoptive home, such as cultural or ethnic practices, or contact with former foster parents or biological relatives; and
(e) an account of any change in the prospective adoptive parent's marital status or family history, physical or mental health, home environment, property, income, or financial obligations since the filing of the preplacement evaluation.
(4) The evaluation must contain a definite recommendation stating the reasons for or against the proposed adoption.
History: En. Sec. 100, Ch. 480, L. 1997.
2023 Montana Code Annotated › Title 42. Adoption › Chapter 4. Placements for Adoption › Part 1. Direct Parental Placements › 42-4-114. Time and filing of evaluation

42-4-114. Time and filing of evaluation.
(1) Unless the court for good cause allows an earlier or later filing, the evaluator shall file a complete written evaluation with the court within not less than 90 days and not more than 180 days after receipt of the court's order for an evaluation.
(2) If an evaluation raises a specific concern, as described in 42-3-205, the evaluation must be filed immediately and must explain why the concern poses a significant risk of harm to the physical or psychological well-being of the child.
(3) An evaluator shall give the prospective adoptive parent a copy of the evaluation when it is filed with the court and shall permanently retain a copy of the evaluation and a list of every source for each item of information in the evaluation. If the evaluator ceases to conduct business in Montana, all evaluations in the evaluator's possession must be forwarded to the department for permanent retention.
History: En. Sec. 101, Ch. 480, L. 1997.
2023 Montana Code Annotated › Title 42. Adoption › Chapter 4. Placements for Adoption › Part 1. Direct Parental Placements › 42-4-115. Motion to enter adoption decree

42-4-115. Motion to enter adoption decree.
(1) The prospective adoptive parent may file a motion for entry of an adoption decree no sooner than 6 months after the court has granted temporary custody to the prospective adoptive parent.
(2) The motion must be supported by the following documents:
(a) the postplacement evaluation prepared pursuant to 42-4-113; and
(b) an updated list of all disbursements made in connection with the adoption proceeding.
(3) A notice of hearing is not required for any party whose parental rights have been terminated in prior proceedings.
(4) The court shall consider the petition and shall grant or deny the petition pursuant to the provisions of 42-4-405 and 42-5-101 through 42-5-109.
(5) If the petition to adopt is denied, the court shall provide notice to the placing parent that the petition has been denied and shall take appropriate action for placement of the child pursuant to 42-5-106.
(6) Finality of the decree or the order denying the decree and the time for appeal are determined pursuant to 42-5-203.
History: En. Sec. 102, Ch. 480, L. 1997.