2017 Montana Code Annotated
TITLE 40. FAMILY LAW
CHAPTER 6. PARENT AND CHILD
Part 4. Montana Safe Haven Newborn Protection Act
40-6-414. Presumption of waiver of parental rights -- department to file petition
40-6-414. Presumption of waiver of parental rights -- department to file petition. (1) A parent who surrenders a newborn under 40-6-405 and who does not file a custody action under 40-6-411 is presumed to have knowingly waived the parent's parental rights to the newborn.
(2) If a custody action is not filed under 40-6-411 or if the parent is denied custody of the newborn under 40-6-413, the department shall file a petition under Title 41, chapter 3, part 4, requesting appropriate relief with the goal of achieving permanent placement for the newborn at the earliest possible date.
History: En. Sec. 11, Ch. 277, L. 2001.