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2023 Montana Code Annotated
Title 40. Family Law
Chapter 6. Parent and Child
Part 4. Montana Safe Haven Newborn Protection Act
40-6-403. Court jurisdiction -- hospital immunity

Universal Citation: MT Code § 40-6-403 (2023)
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40-6-403. Court jurisdiction -- hospital immunity. (1) The court has jurisdiction over a newborn who is surrendered to an emergency services provider as provided in 40-6-405. The court may appoint a guardian ad litem to represent a newborn in proceedings under this part.

(2) Except as provided in 40-6-406, the reporting requirements of 41-3-201 do not apply regarding a newborn who is surrendered to an emergency services provider as provided in 40-6-405.

(3) A hospital and the agents and employees of the hospital are immune in a civil action for damages for an act or omission in accepting or transferring a newborn under this part, except for an act or omission constituting gross negligence or willful or wanton misconduct.

History: En. Sec. 3, Ch. 277, L. 2001.

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