Montana Code Annotated 2023



Part 1. Direct Parental Placements

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.