reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 41. Minors › Chapter 5. Youth Court Act › Part 25. Criminally Convicted Youth Act › 41-5-2503. Disposition of criminally convicted youth

41-5-2503. Disposition of criminally convicted youth.
(1) The district court, in sentencing a youth adjudicated in district court pursuant to 41-5-206, shall:
(a) impose any sentence allowed by the statute that established the penalty for the offense of which the youth is convicted as if the youth were an adult and any conditions or restrictions allowed by statute;
(b) retain jurisdiction over the case until the criminally convicted youth reaches the age of 21;
(c) order the department to submit a status report to the court, county attorney, defense attorney, and juvenile probation officer every 6 months until the youth attains the age of 21. The report must include a recommendation from the department regarding the disposition of the criminally convicted youth.
(2) The district court shall review the criminally convicted youth's sentence pursuant to 41-5-2510 before the youth reaches the age of 21 if a hearing has not been requested under 41-5-2510.
History: En. Sec. 19, Ch. 532, L. 1999.
2023 Montana Code Annotated › Title 41. Minors › Chapter 5. Youth Court Act › Part 25. Criminally Convicted Youth Act › 41-5-2510. Sentence review hearing

41-5-2510. Sentence review hearing.
(1) When a youth has been convicted as an adult pursuant to the provisions of 41-5-206, except for offenses punishable by death or life imprisonment or when a sentence of 100 years could be imposed, the county attorney, defense attorney, or youth may, at any time before the youth reaches the age of 21, request a hearing to review the sentence imposed on the youth. The department shall notify the court of the youth's impending birthday no later than 90 days before the youth's 21st birthday.
(2) After reviewing the status report and upon motion for a hearing, the court shall determine whether to hold a criminally convicted youth sentence review hearing. If the court, in its discretion, determines that a sentence review hearing is warranted or is required under 41-5-2503, the hearing must be held within 90 days after the filing of the request or determination. The sentencing court or county attorney shall notify the victim of the offense pursuant to Title 46, chapter 24.
(3) The sentencing court shall review the department's records, formal youth court records, victim statements, and any other pertinent information.
(4) The sentencing court, after considering the criminal, social, psychological, and any other records of the youth; any evidence presented at the hearing; and any statements by the victim and by the parent or parents or guardian of the youth and any other advocates for the youth shall determine whether the criminally convicted youth has been substantially rehabilitated based upon a preponderance of the evidence.
(5) In the event that the sentencing court determines that the youth has been substantially rehabilitated, the court shall determine whether to:
(a) suspend all or part of the remaining portion of the sentence, impose conditions and restrictions pursuant to 46-18-201, and place the youth on probation under the direction of the department, unless otherwise specified;
(b) impose all or part of the remaining sentence and make any additional recommendations to the department regarding the placement and treatment of the criminally convicted youth; or
(c) impose a combination of options allowed under subsections (5)(a) and (5)(b), not to exceed the total sentence remaining.
(6) The sentencing court may revoke a suspended sentence of a criminally convicted youth pursuant to 46-18-203.
History: En. Sec. 20, Ch. 532, L. 1999; amd. Sec. 7, Ch. 423, L. 2005.
2023 Montana Code Annotated › Title 41. Minors › Chapter 6. Interstate Compact on Juveniles › Part 1. Text of Compact › 41-6-102. Juvenile compact administrator

41-6-102. Juvenile compact administrator.
Pursuant to said compact, the governor is hereby authorized and empowered to designate an officer who shall be the compact administrator and who, acting jointly with like officers of other party states, shall promulgate rules to carry out more effectively the terms of the compact. Said compact administrator shall serve subject to the pleasure of the governor. The compact administrator is hereby authorized, empowered, and directed to cooperate with all departments, agencies, and officers of and in the government of this state and its subdivisions in facilitating the proper administration of the compact or of any supplementary agreement or agreements entered into by this state thereunder.
History: En. Sec. 2, Ch. 76, L. 1967; R.C.M. 1947, 10-1002.
2023 Montana Code Annotated › Title 41. Minors › Chapter 6. Interstate Compact on Juveniles › Part 1. Text of Compact › 41-6-103. Supplementary agreements

41-6-103. Supplementary agreements.
The compact administrator is hereby authorized and empowered to enter into supplementary agreements with appropriate officials of other states pursuant to the compact. In the event that such supplementary agreement shall require or contemplate the use of any institution or facility of this state or require or contemplate the provision of any service by this state, said supplementary agreement shall have no force or effect until approved by the head of the department or agency under whose jurisdiction said institution or facility is operated or whose department or agency will be charged with the rendering of such service.
History: En. Sec. 3, Ch. 76, L. 1967; R.C.M. 1947, 10-1003.
2023 Montana Code Annotated › Title 41. Minors › Chapter 6. Interstate Compact on Juveniles › Part 1. Text of Compact › 41-6-104. Financial arrangements

41-6-104. Financial arrangements.
The compact administrator, subject to the approval of the department of administration, may make or arrange for any payments necessary to discharge any financial obligations imposed upon this state by the compact or by any supplementary agreement entered into thereunder.
History: En. Sec. 4, Ch. 76, L. 1967; amd. Sec. 98, Ch. 326, L. 1974; R.C.M. 1947, 10-1004.
2023 Montana Code Annotated › Title 41. Minors › Chapter 6. Interstate Compact on Juveniles › Part 1. Text of Compact › 41-6-105. Responsibilities of courts, state departments, agencies, and officers

41-6-105. Responsibilities of courts, state departments, agencies, and officers.
The courts, departments, agencies, and officers of this state and its subdivisions shall enforce this compact and shall do all things appropriate to the effectuation of its purposes and intent which may be within their respective jurisdictions.
History: En. Sec. 5, Ch. 76, L. 1967; R.C.M. 1947, 10-1005.
2023 Montana Code Annotated › Title 41. Minors › Chapter 6. Interstate Compact on Juveniles › Part 1. Text of Compact › 41-6-106. Additional procedures not precluded

41-6-106. Additional procedures not precluded.
In addition to any procedure provided in Articles IV and VI of the compact for the return of a runaway juvenile, the particular states, the juvenile or the juvenile's parents, the courts, or other legal custodian involved may agree upon and adopt any other plan or procedure legally authorized under the laws of this state and the other respective party states for the return of a runaway juvenile.
History: En. Sec. 6, Ch. 76, L. 1967; R.C.M. 1947, 10-1006; amd. Sec. 1601, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 42. Adoption › Chapter 1. General Adoption Provisions › Part 1. Adoption Policy and Procedures › 42-1-102. Adoption policy

42-1-102. Adoption policy.
(1) It is the policy of the state of Montana to ensure that the best interests of the child are met by adoption proceedings.
(2) The primary purpose of adoption is to help a child become a permanent member of a nurturing family that can give the child the care, protection, and opportunities essential for healthy personal growth and development.
(3) The well-being of the adopted child is the main objective in the placement of a child for adoption. The needs of the child must be the primary focus of adoption proceedings, with full recognition of the interdependent needs and interests of birth parents and adoptive parents.
(4) It is the policy of the state of Montana to support relationships between adoptees and their birth families when desired by the affected parties.
History: En. Sec. 2, Ch. 480, L. 1997.
2023 Montana Code Annotated › Title 42. Adoption › Chapter 1. General Adoption Provisions › Part 1. Adoption Policy and Procedures › 42-1-104. Venue

42-1-104. Venue.
(1) Proceedings for adoption must be brought in the district court of the county where the petitioners reside.
(2) Petitions for appointment of a confidential intermediary may be filed:
(a) in the county where the decree of adoption was issued;
(b) in the county of residence of the petitioner; or
(c) if the petitioner resides out of state, in any county.
History: En. Sec. 4, Ch. 480, L. 1997.
2023 Montana Code Annotated › Title 42. Adoption › Chapter 1. General Adoption Provisions › Part 1. Adoption Policy and Procedures › 42-1-105. Who may be adopted

42-1-105. Who may be adopted.
(1) A child is legally free for adoption if:
(a) the child does not have a living parent;
(b) the parental rights of the living parents of the child have been terminated according to the laws of this state or of another jurisdiction; or
(c) the living parents, guardian authorized by the court, or department or agency with custody of the child consent to the adoption.
(2) An adult may be adopted as provided in 42-4-401 through 42-4-405.
(3) A stepchild may be adopted as provided in 42-4-301 through 42-4-304 and 42-4-309 through 42-4-312.
History: En. Sec. 5, Ch. 480, L. 1997; amd. Sec. 1, Ch. 257, L. 1999.
2023 Montana Code Annotated › Title 42. Adoption › Chapter 1. General Adoption Provisions › Part 1. Adoption Policy and Procedures › 42-1-106. Who may adopt

42-1-106. Who may adopt.
The following individuals who otherwise meet the requirements of this title are eligible to adopt a child:
(1) a husband and wife jointly or either the husband or wife if the other spouse is a parent of the child;
(2) an unmarried individual who is at least 18 years of age; or
(3) a married individual at least 18 years of age who is legally separated from the other spouse or whose spouse has judicially been declared incompetent.
History: En. Sec. 6, Ch. 480, L. 1997.
2023 Montana Code Annotated › Title 42. Adoption › Chapter 1. General Adoption Provisions › Part 1. Adoption Policy and Procedures › 42-1-107. Adoption prohibited if child not legally free

42-1-107. Adoption prohibited if child not legally free.
(1) An adoption decree may not be entered if the child who is the subject of an adoption proceeding is not legally free for adoption.
(2) A child may be placed for adoption only by:
(a) the department or another agency to which the child has been relinquished for purposes of adoption;
(b) the department or another agency expressly authorized to place the child for adoption by a court order terminating the relationship between the child and the child's parent or guardian;
(c) the child's parents; or
(d) a guardian expressly authorized by the court to place the child for adoption.
History: En. Sec. 7, Ch. 480, L. 1997.
2023 Montana Code Annotated › Title 42. Adoption › Chapter 1. General Adoption Provisions › Part 1. Adoption Policy and Procedures › 42-1-108. Rights and responsibilities of parties in adoption proceedings

42-1-108. Rights and responsibilities of parties in adoption proceedings.
(1) The legislature finds that the rights and interests of all parties affected by an adoption proceeding must be considered and balanced in determining the necessary constitutional protection and appropriate processes.
(2) The legislature finds that:
(a) every child deserves to be raised by a family in which support and care are promptly provided by one or more parents in a nurturing environment on a regular and ongoing basis;
(b) the state has a compelling interest in providing stable and permanent homes for adoptive children in a prompt manner, in preventing the disruption of adoptive placements, and in holding parents accountable for meeting the needs of children;
(c) an unmarried mother, faced with the responsibility of making crucial decisions about the future of a newborn child, is entitled to privacy, has the right to make timely and appropriate decisions regarding the mother's future and the future of the child, and is entitled to assurance regarding the permanence of an adoptive placement;
(d) adoptive children have a right to permanence and stability in adoptive placements;
(e) adoptive parents have a constitutionally protected liberty and privacy interest in retaining custody of an adopted child; and
(f) a birth father who is not married to the child's mother has the primary responsibility to protect the father's rights. The father's inchoate interest in the child requires constitutional protection only when the father has demonstrated a timely commitment to the responsibilities of parenthood, both during pregnancy and upon the child's birth. The state has a compelling interest in requiring a birth father to demonstrate that commitment by:
(i) timely and consistently providing financial support;
(ii) complying with the requirements of the putative father registry; and
(iii) demonstrating the establishment of a substantial relationship with the child as described in 42-2-610.
(3) If a birth father who is not married to the child's mother fails to grasp the opportunities that are available to the father to establish a relationship with the child, the father's parental rights will be lost entirely by the failure to timely exercise it or by the failure to comply with the available legal steps to substantiate the parental interest.
History: En. Sec. 8, Ch. 480, L. 1997.
2023 Montana Code Annotated › Title 42. Adoption › Chapter 1. General Adoption Provisions › Part 1. Adoption Policy and Procedures › 42-1-109. Need for finality -- balancing of interests

42-1-109. Need for finality -- balancing of interests.
Finality is necessary in order to facilitate the state's compelling interest. The legislature finds that the interests of the child outweigh the interests of the state, the mother, the adoptive parents, and a birth father who is not married to the child's mother.
History: En. Sec. 9, Ch. 480, L. 1997.
2023 Montana Code Annotated › Title 42. Adoption › Chapter 1. General Adoption Provisions › Part 1. Adoption Policy and Procedures › 42-1-110. Presumed knowledge that child may be adopted without notice

42-1-110. Presumed knowledge that child may be adopted without notice.
A birth father who is not married to the mother of the child is presumed to know that the child may be adopted without the father's consent and that the father is required to comply with the provisions of this title and manifest a commitment to the father's parental responsibilities.
History: En. Sec. 10, Ch. 480, L. 1997.
2023 Montana Code Annotated › Title 42. Adoption › Chapter 1. General Adoption Provisions › Part 1. Adoption Policy and Procedures › 42-1-111. Unmarried birth mother's right of privacy

42-1-111. Unmarried birth mother's right of privacy.
An unmarried birth mother has a right of privacy with regard to the mother's pregnancy and adoption plan. Birth mothers are encouraged to provide all known information about the birth father of any child for whom an adoption is planned.
History: En. Sec. 11, Ch. 480, L. 1997.
2023 Montana Code Annotated › Title 42. Adoption › Chapter 1. General Adoption Provisions › Part 1. Adoption Policy and Procedures › 42-1-115. Vaccination status prohibited as evidence or grounds for decision

42-1-115. Vaccination status prohibited as evidence or grounds for decision.
The vaccination status of a parent, putative father, child, or person seeking to adopt a child may not be admitted as evidence or considered as a factor in any administrative or judicial evaluation or decision regarding an adoption.
History: En. Sec. 3, Ch. 286, L. 2023.
2023 Montana Code Annotated › Title 42. Adoption › Chapter 2. Adoption of Child › Part 1. Policy and Legislative Intent › 42-2-101. Recognition of adoption in another jurisdiction

42-2-101. Recognition of adoption in another jurisdiction.
(1) A decree or order of adoption has the same effect as a decree or order of adoption issued by a court of this state if the decree or order is:
(a) issued by a court of any other state that is entitled to full faith and credit in this state; or
(b) entered by a court or administrative entity in another country acting pursuant to:
(i) that country's law; or
(ii) to any convention or treaty on intercountry adoption that the United States has ratified.
(2) The rights and obligations of the parties as to matters within the jurisdiction of this state must be determined as though the decree or order were issued by a court of this state.
History: En. Sec. 12, Ch. 480, L. 1997.
2023 Montana Code Annotated › Title 42. Adoption › Chapter 2. Adoption of Child › Part 1. Policy and Legislative Intent › 42-2-102. Proceedings subject to Indian Child Welfare Acts

42-2-102. (Temporary) Proceedings subject to Indian Child Welfare Acts.
A proceeding under this title that pertains to an Indian child, as defined in41-3-1303, is subject to the federal Indian Child Welfare Act of 1978, 25 U.S.C. 1901, et seq., and 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.)
42-2-102. (Effective July 1, 2025) Proceedings subject to Indian Child Welfare Act.
A proceeding under this title that pertains to an Indian child, as defined in the Indian Child Welfare Act of 1978, 25 U.S.C. 1901, et seq., is subject to that act.
History: En. Sec. 13, Ch. 480, L. 1997; amd. Sec. 41, Ch. 716, L. 2023.
2023 Montana Code Annotated › Title 42. Adoption › Chapter 2. Adoption of Child › Part 1. Policy and Legislative Intent › 42-2-103. Interstate placement

42-2-103. Interstate placement.
The Interstate Compact on the Placement of Children, Title 41, chapter 4, governs:
(1) an adoption in this state of a child brought into this state from another state by a prospective adoptive parent;
(2) a person residing in or an agency doing business from another state who places the child for adoption in this state; and
(3) the placement of a Montana child in another state.
History: En. Sec. 14, Ch. 480, L. 1997.
2023 Montana Code Annotated › Title 42. Adoption › Chapter 2. Adoption of Child › Part 1. Policy and Legislative Intent › 42-2-104. International placement

42-2-104. International placement.
An adoption in this state of a child brought into this state from another country by a prospective adoptive parent or by a person who places the child for adoption in this state is governed by this title and is subject to any convention or treaty governing adoption that the United States has ratified and to any relevant federal law.
History: En. Sec. 15, Ch. 480, L. 1997.
2023 Montana Code Annotated › Title 42. Adoption › Chapter 2. Adoption of Child › Part 1. Policy and Legislative Intent › 42-2-105. Fees for services -- special revenue account -- statutory appropriation

42-2-105. Fees for services -- special revenue account -- statutory appropriation.
(1) The department shall establish fees that it may charge and that are reasonably related to the cost incurred by the department in completing or contracting for adoption services.
(2) The department may contract with licensed social workers or licensed child-placing agencies for the purposes of completing the preplacement or postplacement evaluation or for providing postplacement supervision.
(3) An agency contracting to perform the services may set and charge a reasonable fee commensurate with the services provided.
(4) There is an adoption services account in the state special revenue fund. The fees collected by the department under this title must be deposited into this account and may be used by the department for adoption services. The money in the account is statutorily appropriated, as provided in 17-7-502, to the department.
History: En. Sec. 16, Ch. 480, L. 1997; amd. Sec. 149, Ch. 574, L. 2001.
2023 Montana Code Annotated › Title 42. Adoption › Chapter 2. Adoption of Child › Part 2. Putative Father Registration › 42-2-201. Definitions

42-2-201. Definitions.
As used in this part, unless the context requires otherwise, the following definitions apply:
(1) "Child" includes an unborn child.
(2) (a) "Putative father" means an individual who may be a child's birth father but who:
(i) is not married to the child's mother on or before the date that the child is born; or
(ii) has not established paternity of the child prior to the filing of a petition for termination of parental rights to the child for purposes of adoption.
(b) The term includes an individual who is:
(i) less than 18 years of age; and
(ii) not married to the child's mother even though the individual is a presumed father within the meaning of 40-6-105.
(3) "Registry" means the putative father registry established under 42-2-202.
History: En. Sec. 18, Ch. 480, L. 1997.
2023 Montana Code Annotated › Title 42. Adoption › Chapter 2. Adoption of Child › Part 2. Putative Father Registration › 42-2-202. Putative father registry

42-2-202. Putative father registry.
The putative father registry is established within the vital statistics bureau of the department. The department shall adopt rules to administer the registry.
History: En. Sec. 19, Ch. 480, L. 1997.
2023 Montana Code Annotated › Title 42. Adoption › Chapter 2. Adoption of Child › Part 2. Putative Father Registration › 42-2-203. Purpose of registry

42-2-203. Purpose of registry.
(1) The purpose of the putative father registry is to provide notice of termination of parental rights to a putative father who asserts a parental interest in a child so that the putative father may appear in a proceeding and have an opportunity to establish that the putative father's inchoate rights in the child have vested because a substantial relationship with the child has been established as provided in 42-2-610.
(2) In addition to any other notice to which the putative father is entitled, a putative father of a child who complies with the requirements of the putative father registry is entitled to notice of any proceedings involving termination of parental rights to the child.
History: En. Sec. 20, Ch. 480, L. 1997.
2023 Montana Code Annotated › Title 42. Adoption › Chapter 2. Adoption of Child › Part 2. Putative Father Registration › 42-2-204. Presumed knowledge of pregnancy -- duty to register to be afforded notice -- putative and presumed fathers

42-2-204. Presumed knowledge of pregnancy -- duty to register to be afforded notice -- putative and presumed fathers.
(1) A person who engages in sexual relations with a member of the opposite sex, as defined in 1-1-201, is presumed to know that a pregnancy could result.
(2) In addition to any other notice to which the putative father is entitled, a putative father is entitled to notice of termination of parental rights proceedings for the purposes of adoption if the putative father has complied with the requirements of the putative father registry.
(3) An individual who is not married to the mother but who is presumed to be a father under 40-6-105 and registers in accordance with this part is entitled to receive notice of a termination of parental rights proceeding.
History: En. Sec. 21, Ch. 480, L. 1997; amd. Sec. 21, Ch. 685, L. 2023.
2023 Montana Code Annotated › Title 42. Adoption › Chapter 2. Adoption of Child › Part 2. Putative Father Registration › 42-2-205. Registration

42-2-205. Registration.
(1) In addition to any other notice to which the putative father is entitled, a putative father is entitled to notice of any proceedings to terminate parental rights involving a child whom the putative father might have fathered if the putative father timely files the following information with the department:
(a) the putative father's:
(i) full name;
(ii) address at which the putative father may be served by certified mail, return receipt requested, with notice of a proceeding to terminate parental rights;
(iii) social security number;
(iv) date of birth; and
(v) tribal affiliation if applicable;
(b) the mother's:
(i) name, including all other names known to the putative father that the mother uses; and
(ii) address, social security number, and date of birth, if known;
(c) the child's:
(i) name and place of birth, if known; or
(ii) the approximate date and location of a possible conception and the approximate expected date of delivery.
(2) If a putative father does not have an address where the putative father can receive notice of a termination of parental rights proceeding, the putative father may designate another person as an agent for the purpose of receiving notice. The putative father shall provide the department with the agent's name and the address at which the agent may be served. Service of notice by certified mail, return receipt requested, constitutes service of notice upon the putative father.
(3) A putative father shall register under this section on a registration form prescribed by the department or with a legibly typed or handwritten statement that provides the required information and that is submitted to the department pursuant to 42-2-207. The registration must be signed by the putative father and notarized.
(4) A putative father who registers under this section is responsible for providing written updates regarding any change of the putative father's name or address.
History: En. Sec. 22, Ch. 480, L. 1997.
2023 Montana Code Annotated › Title 42. Adoption › Chapter 2. Adoption of Child › Part 2. Putative Father Registration › 42-2-206. When putative father to register -- actual knowledge of pregnancy not required

42-2-206. When putative father to register -- actual knowledge of pregnancy not required.
(1) In order to be entitled, because of registration, to receive notice of a termination of parental rights proceeding, a putative father's registration form complying with the requirements of 42-2-205 must be received by the department not later than 72 hours after the child's birth.
(2) A putative father may file all information required by 42-2-205 before a child's birth even though the putative father has no actual knowledge that a pregnancy has occurred or that a pregnancy has continued through gestation.
History: En. Sec. 23, Ch. 480, L. 1997; amd. Sec. 2, Ch. 257, L. 1999.
2023 Montana Code Annotated › Title 42. Adoption › Chapter 2. Adoption of Child › Part 2. Putative Father Registration › 42-2-207. How registration submitted

42-2-207. How registration submitted.
A putative father shall submit a registration form:
(1) in person; or
(2) by facsimile transmission, mail, private courier, or express delivery service.
History: En. Sec. 24, Ch. 480, L. 1997.
2023 Montana Code Annotated › Title 42. Adoption › Chapter 2. Adoption of Child › Part 2. Putative Father Registration › 42-2-208. Burden of putative father to preserve rights upon receipt of notice

42-2-208. Burden of putative father to preserve rights upon receipt of notice.
When a putative father receives notice that a child in whom the putative father claims a parental interest is the subject of a termination of parental rights proceeding, the putative father must appear at the hearing held on the petition to terminate parental rights and demonstrate, at a minimum, that the criteria set out in 42-2-610 for determining whether the putative father has made reasonable efforts to establish a substantial relationship with the child who is the subject of the proceedings have been met.
History: En. Sec. 25, Ch. 480, L. 1997.
2023 Montana Code Annotated › Title 42. Adoption › Chapter 2. Adoption of Child › Part 2. Putative Father Registration › 42-2-209. Presumption created -- admissibility in other proceedings

42-2-209. Presumption created -- admissibility in other proceedings.
A person filing a registration form is presumed to be the father of the child for purposes of adoption unless the mother denies that the registrant is the father. The registration or any revocation that is filed is admissible in a paternity proceeding and creates a rebuttable presumption as to the paternity of the child. The registration creates a rebuttable presumption as to paternity of the child for purposes of an abuse or neglect proceeding under Title 41, chapter 3, or a child support enforcement action under Title 40, chapter 5.
History: En. Sec. 26, Ch. 480, L. 1997.
2023 Montana Code Annotated › Title 42. Adoption › Chapter 2. Adoption of Child › Part 2. Putative Father Registration › 42-2-214. Duties of department

42-2-214. Duties of department.
(1) The department shall:
(a) prescribe a registration form for the information that a putative father submits under 42-2-205; and
(b) make the registration forms available through:
(i) the department;
(ii) each clerk of a district court; and
(iii) each local health department.
(2) A notice provided by the department that informs the public about the purpose and operation of the registry must be posted in a conspicuous place by each:
(a) clerk of a district court;
(b) driver's examination station of the motor vehicle division of the department of justice;
(c) local health department; and
(d) county clerk and recorder.
(3) The notice under subsection (2) must include information regarding:
(a) where to obtain a registration form;
(b) where to register;
(c) the circumstances under which a putative father is required to register;
(d) the period under 42-2-206 during which a putative father is required to register in order to entitle the putative father to receive notice of an adoption;
(e) the information that must be provided for the registry and what other actions the putative father is required to take to preserve a right to notice;
(f) the consequences of not submitting a timely registration; and
(g) the penalties for filing a false claim with the putative father registry.
History: En. Secs. 27, 28, Ch. 480, L. 1997.
2023 Montana Code Annotated › Title 42. Adoption › Chapter 2. Adoption of Child › Part 2. Putative Father Registration › 42-2-215. Information maintained in registry

42-2-215. Information maintained in registry.
The department shall maintain the following information in the registry:
(1) the registration information provided by the putative father under 42-2-205;
(2) the date that the department receives a putative father's registration;
(3) the name and affiliation of any person who requests that the department search the registry to determine whether a putative father is registered in relation to a mother whose child is or may be the subject of a termination proceeding and the date the request is submitted; and
(4) any other information that the department determines is necessary to access the information in the registry.
History: En. Sec. 29, Ch. 480, L. 1997.
2023 Montana Code Annotated › Title 42. Adoption › Chapter 2. Adoption of Child › Part 2. Putative Father Registration › 42-2-216. Storage of data

42-2-216. Storage of data.
The department shall store the registry's data in a manner so that the data is accessible through:
(1) the putative father's name;
(2) the mother's name, including the mother's maiden name, if known;
(3) the date of birth of the putative father, the mother, and the child, if known;
(4) the child's name, if known; and
(5) the social security number for the putative father, the mother, and the child, if known.
History: En. Sec. 30, Ch. 480, L. 1997; amd. Sec. 1602, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 42. Adoption › Chapter 2. Adoption of Child › Part 2. Putative Father Registration › 42-2-217. Registry search -- request -- affidavit

42-2-217. Registry search -- request -- affidavit.
(1) The following persons may at any time request that the department search the registry to determine whether a putative father is registered in relation to a child who is or may be the subject of a proceeding to terminate parental rights:
(a) a representative of the department;
(b) a representative of an agency when the agency is or may be arranging an adoption;
(c) a prospective adoptive parent or an attorney representing a prospective adoptive parent in a direct parental placement adoption who has the notarized consent of the birth mother; or
(d) any woman who is the subject of a registration.
(2) Upon request of a person listed in subsection (1), the department shall submit an affidavit pursuant to the requirements of subsections (4) and (5).
(3) A request for information about a registration from the department must be in writing.
(4) Not later than 5 days after receiving a request for a registry search, the department shall submit an affidavit to the requestor verifying whether a putative father has registered within the period allowed under 42-2-206 in relation to a mother whose child or expected child is the subject of the termination proceeding.
(5) Whenever the department finds that one or more putative fathers are registered, the department shall:
(a) submit a copy of each registration form with the department's affidavit; and
(b) include in the affidavit the date that the department representative, agency, or attorney submitted the request for the search.
(6) A court may not issue an order terminating parental rights unless the department's affidavit under subsection (5) is filed with the court.
History: En. Sec. 31, Ch. 480, L. 1997; amd. Sec. 3, Ch. 257, L. 1999.
2023 Montana Code Annotated › Title 42. Adoption › Chapter 2. Adoption of Child › Part 2. Putative Father Registration › 42-2-218. Duties of department upon receipt of request

42-2-218. Duties of department upon receipt of request.
(1) Whenever the department receives a request, the department shall:
(a) search its records of putative father registrations and search its records for any acknowledgment of paternity filed pursuant to 40-6-105; and
(b) notify the requestor as to whether a paternity action has been filed and a paternity order issued to the department requiring the issuance of a new birth certificate concerning a child who is or may be the subject of an adoption that the attorney or agency is arranging.
(2) The department may charge a reasonable fee for responding to a request under this section.
History: En. Sec. 32, Ch. 480, L. 1997.
2023 Montana Code Annotated › Title 42. Adoption › Chapter 2. Adoption of Child › Part 2. Putative Father Registration › 42-2-222. Failure of agency to post notice

42-2-222. Failure of agency to post notice.
Failure of an agency to post a proper notice under 42-2-214 does not relieve a putative father of the obligation to register with the department in accordance with the putative father registry in order to entitle the putative father, because of registration, to notice of proceedings involving a child who may have been fathered by the putative father.
History: En. Sec. 33, Ch. 480, L. 1997.
2023 Montana Code Annotated › Title 42. Adoption › Chapter 2. Adoption of Child › Part 2. Putative Father Registration › 42-2-223. Revocation of registration

42-2-223. Revocation of registration.
Unless a support order has been issued, a putative father may revoke a registration at any time by submitting to the department a signed, notarized statement revoking the registration.
History: En. Sec. 34, Ch. 480, L. 1997.
2023 Montana Code Annotated › Title 42. Adoption › Chapter 2. Adoption of Child › Part 2. Putative Father Registration › 42-2-224. Certified copy of registration form to be furnished upon request

42-2-224. Certified copy of registration form to be furnished upon request.
The department shall furnish a certified copy of the putative father's registration form upon written request by:
(1) a putative father whose name appears on the registration form being requested;
(2) a mother whose name appears on the registration form being requested;
(3) upon reaching majority, a person who was the subject of a registration;
(4) a prospective adoptive parent or an attorney representing a prospective adoptive parent in a direct parental placement adoption who has the notarized consent of the birth mother;
(5) a licensed child-placing agency;
(6) a court that presides over a pending adoption;
(7) the child support enforcement division of the department; or
(8) a representative of the department involved in an adoption or a neglect and dependency proceeding under Title 41, chapter 3.
History: En. Sec. 35, Ch. 480, L. 1997.
2023 Montana Code Annotated › Title 42. Adoption › Chapter 2. Adoption of Child › Part 2. Putative Father Registration › 42-2-226. Registration of false information -- criminal and civil penalties

42-2-226. Registration of false information -- criminal and civil penalties
A person who purposely or knowingly registers false information or requests confidential information in violation of a putative father registry commits a misdemeanor and may be civilly liable for damages.
History: En. Sec. 37, Ch. 480, L. 1997.
2023 Montana Code Annotated › Title 42. Adoption › Chapter 2. Adoption of Child › Part 2. Putative Father Registration › 42-2-230. Responsibility of each party to protect interests -- putative fathers -- fraud no defense

42-2-230. Responsibility of each party to protect interests -- putative fathers -- fraud no defense.
(1) The legislature finds no practical way to remove all risk of fraud or misrepresentation in adoption proceedings and has provided protection of a putative father's rights. In balancing the rights and interests of the state and of all parties affected by fraud, specifically the child, the adoptive parents, and the putative father, the legislature determines that the putative father is in the best position to prevent or ameliorate the effects of fraud and that, therefore, the burden of establishing fraud against the putative father by clear and convincing evidence must be born by the putative father.
(2) Each parent of a child conceived or born outside of marriage to the other parent is responsible for that parent's own actions and assertion of their parental rights notwithstanding any action, statement, or omission of the other parent or third parties.
(3) A person injured by fraudulent representations or actions in connection with an adoption is entitled to pursue civil or criminal penalties. A fraudulent representation is not a defense for failure to comply with the requirements of the putative father registry and is not a basis for dismissal of a petition for adoption, vacation of an adoption decree, or an automatic grant of custody to the injured party.
(4) A putative father who resides in another state may contest an adoption prior to issuance of a decree of adoption and may assert the putative father's interest in the child. If the adoption is contested, the court shall hold an evidentiary hearing to determine if:
(a) the putative father resides and has resided in another state where the unmarried mother lived or resided either at the time of conception or through a portion of the pregnancy;
(b) the mother left that state, concealing the location from the putative father regarding where the mother could be contacted or located;
(c) the father has, through every reasonable means, attempted to locate the mother but has been unable to do so; and
(d) the putative father has complied with the requirements of the state where the mother previously resided or was located in order to protect and preserve the putative father's parental interest and rights concerning the child in cases of adoption.
History: En. Sec. 38, Ch. 480, L. 1997.
2023 Montana Code Annotated › Title 42. Adoption › Chapter 2. Adoption of Child › Part 3. Consent for Adoption › 42-2-301. Consent required

42-2-301. Consent required.
An adoption of a child may be decreed when written consents to adoption have been executed by:
(1) the birth mother;
(2) the husband of the birth mother if the husband is the presumed father of the child under 40-6-105;
(3) any other person whose parental rights have been established by a court;
(4) the department or an agency that has custody of the child and the authority to place the child for adoption;
(5) the legal guardian of the child if both parents are dead or their rights have been judicially terminated and the guardian has authority by order of the court appointing the guardian to consent to the adoption;
(6) the child, either in writing or in court, if the child is 12 years of age or older unless the child does not have the mental capacity to consent.
History: En. Sec. 39, Ch. 480, L. 1997.
2023 Montana Code Annotated › Title 42. Adoption › Chapter 2. Adoption of Child › Part 3. Consent for Adoption › 42-2-302. Persons whose consent not required

42-2-302. Persons whose consent not required.
Consent to adoption of a child is not required from:
(1) an individual whose parental relationship to the child has been judicially terminated for unfitness or has been determined not to exist or who has waived parental rights;
(2) a parent who has been judicially declared incompetent;
(3) an individual who has not been married to the mother of the child and who, after the conception of the child, executes a notarized statement denying paternity or a notarized statement acknowledging paternity and denying any interest in the child; or
(4) the personal representative of a deceased parent's estate.
History: En. Sec. 40, Ch. 480, L. 1997.
2023 Montana Code Annotated › Title 42. Adoption › Chapter 2. Adoption of Child › Part 3. Consent for Adoption › 42-2-303. Form of consent

42-2-303. Form of consent.
The consents required by 42-2-301 must be acknowledged before an officer authorized to take acknowledgments or witnessed by a representative of the department, an agency, or the court.
History: En. Sec. 41, Ch. 480, L. 1997.
2023 Montana Code Annotated › Title 42. Adoption › Chapter 2. Adoption of Child › Part 4. Voluntary Relinquishment and Consent to Adopt › 42-2-401. Child available for adoption -- voluntary acts of parents

42-2-401. Child available for adoption -- voluntary acts of parents.
A parent may voluntarily make a child available for adoption by:
(1) executing a voluntary relinquishment and consent to adoption;
(2) executing a denial of paternity; or
(3) submitting a notarized acknowledgment of paternity and a denial of any interest in custody of the child.
History: En. Sec. 42, Ch. 480, L. 1997.
2023 Montana Code Annotated › Title 42. Adoption › Chapter 2. Adoption of Child › Part 4. Voluntary Relinquishment and Consent to Adopt › 42-2-402. Voluntary relinquishment -- validity

42-2-402. Voluntary relinquishment -- validity.
(1) A voluntary relinquishment is not valid unless the parent specifically relinquishes custody of the child to the department, a licensed child-placing agency, or a specifically identified prospective adoptive parent and:
(a) the department or agency to whom the child is being relinquished has agreed in writing to accept custody of the child until the child is adopted; or
(b) the identified prospective adoptive parent has agreed in writing to accept temporary custody and to provide support and care to the child until that person's adoption petition is granted or denied.
(2) A voluntary relinquishment of a parent's rights solely to the child's other parent does not relieve the parent executing the relinquishment of any duty owed to the child or for the child's support.
History: En. Sec. 43, Ch. 480, L. 1997.
2023 Montana Code Annotated › Title 42. Adoption › Chapter 2. Adoption of Child › Part 4. Voluntary Relinquishment and Consent to Adopt › 42-2-403. Arrearages of child support -- responsibility to child

42-2-403. Arrearages of child support -- responsibility to child.
(1) A voluntary relinquishment of a parent's rights and responsibilities toward a child does not cancel any responsibility to pay arrearages of child support unless the party to whom the arrearages are owed agrees in writing to waive the payment of the arrearages.
(2) A parent who executes a voluntary relinquishment of rights and responsibilities toward a child remains financially responsible for the child until a court actually terminates parental rights to the child.
History: En. Sec. 44, Ch. 480, L. 1997.
2023 Montana Code Annotated › Title 42. Adoption › Chapter 2. Adoption of Child › Part 4. Voluntary Relinquishment and Consent to Adopt › 42-2-404. Who may relinquish -- to whom

42-2-404. Who may relinquish -- to whom.
(1) A parent or guardian whose consent to the adoption of a child is required may relinquish to the department or an agency all rights with respect to the child, including legal and physical custody and the right to consent to the child's adoption.
(2) A parent or guardian whose consent to the adoption of a child is required and who has filed a notice of parental placement under 42-4-103 for a direct parental placement adoption may:
(a) relinquish to the prospective adoptive parent all rights with respect to the child, including legal and physical custody; and
(b) consent to the child's adoption by the prospective adoptive parents.
History: En. Sec. 45, Ch. 480, L. 1997.
2023 Montana Code Annotated › Title 42. Adoption › Chapter 2. Adoption of Child › Part 4. Voluntary Relinquishment and Consent to Adopt › 42-2-405. Relinquishment by minor parent -- separate legal counsel in direct parental placement adoption

42-2-405. Relinquishment by minor parent -- separate legal counsel in direct parental placement adoption.
(1) A parent who is a minor has the right to relinquish all rights to that minor parent's child and to consent to the child's adoption. The relinquishment is not subject to revocation by reason of minority.
(2) In a direct parental placement adoption, a relinquishment and consent to adopt executed by a parent who is a minor is not valid unless the minor parent has been advised by an attorney who does not represent the prospective adoptive parent. Legal fees charged by the minor parent's attorney are an allowable expense that may be paid by prospective adoptive parents under 42-7-101, subject to the limitations in 42-7-102.
(3) If in the court's discretion it is in the best interest of justice, the court may order the office of state public defender, provided for in 2-15-1029, to assign counsel to represent the minor parent.
History: En. Sec. 46, Ch. 480, L. 1997; amd. Sec. 38, Ch. 449, L. 2005; amd. Sec. 12, Ch. 358, L. 2017.
2023 Montana Code Annotated › Title 42. Adoption › Chapter 2. Adoption of Child › Part 4. Voluntary Relinquishment and Consent to Adopt › 42-2-408. Time and prerequisites for execution of relinquishment and consent to adoption -- copy of preplacement evaluation -- notarization

42-2-408. Time and prerequisites for execution of relinquishment and consent to adoption -- copy of preplacement evaluation -- notarization.
(1) A parent whose consent to the adoption of a child is required may execute a relinquishment and consent to adoption only after the following criteria have been met:
(a) the child has been born;
(b) not less than 72 hours have elapsed since the birth of the child;
(c) the parent has received adoptive decision support services in accordance with 42-2-409; and
(d) in a direct parental placement adoption:
(i) the parent has been informed that fees for any required counseling and legal fees are allowable expenses that may be paid by a prospective adoptive parent under 42-7-101, subject to the limitations set in 42-7-102;
(ii) if the parent is a minor, the parent has been represented by separate legal counsel; and
(iii) prior to the execution of the relinquishment, the parent has been provided a copy of the preplacement evaluation prepared pursuant to 42-3-204 pertaining to the prospective adoptive parent.
(2) A guardian may execute a relinquishment and consent to adopt at any time after being authorized by a court.
(3) The department or a licensed child-placing agency may execute a consent for the adoption at any time before or during the hearing on the petition for adoption.
(4) A child whose consent is required may execute a consent at any time before or during the hearing on the petition to adopt.
(5) Except as provided in this section, a relinquishment and consent to adopt must be a separate instrument executed before a notary public.
(6) If the person from whom a relinquishment and consent to adopt is required is a member of the armed services or is in prison, the relinquishment may be executed and acknowledged before any person authorized by law to administer oaths.
History: En. Sec. 47, Ch. 480, L. 1997; amd. Sec. 1, Ch. 175, L. 2021.