2023 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. (Temporary) Presumption of waiver of parental rights -- department to file petition. (1) Except as provided in 41-3-1326, 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, or, if applicable, the Montana Indian Child Welfare Act provided for in Title 41, chapter 3, part 13, requesting appropriate relief with the goal of achieving permanent placement for the newborn at the earliest possible date. (Terminates June 30, 2025--sec. 55, Ch. 716, L. 2023.)

40-6-414. (Effective July 1, 2025) 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; amd. Sec. 22, Ch. 716, L. 2023.