Montana Code 42-3-207. Action by department
42-3-207. Action by department. If, before a decree of adoption is issued, the department learns from an evaluator or another person that a child has been placed for adoption with an individual who is the subject of a preplacement evaluation on file with the department containing a finding of unsuitability, the department shall immediately review the evaluation and make a determination of whether the department has authority pursuant to Title 41, chapter 3, to intervene.
Terms Used In Montana Code 42-3-207
- Adoption: means the act of creating the legal relationship between parent and child when it does not exist genetically. See Montana Code 42-1-103
- Child: means any person under 18 years of age. See Montana Code 42-1-103
- Department: means the department of public health and human services, provided for in 2-15-2201. See Montana Code 42-1-103
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
- Preplacement evaluation: means the home study process conducted by the department or a licensed child-placing agency that:
(a)assists a prospective adoptive parent or family to assess its own readiness to adopt; and
(b)assesses whether the prospective adoptive parent or family and home meet applicable standards. See Montana Code 42-1-103