42-3-301. Requirement for preplacement evaluation. (1) Before the department or licensed child-placing agency may place a child for purposes of adoption, the prospective adoptive parent and the home of the prospective adoptive parent must be studied and evaluated as provided in part 2 of this chapter.

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Terms Used In Montana Code 42-3-301

  • 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
  • Adoptive parent: means an adult who has become the mother or father of a child through the legal process of adoption. See Montana Code 42-1-103
  • Agency: means a child placement agency licensed by the state of Montana pursuant to Title 52, chapter 8, that is expressly empowered to place children preliminary to a possible adoption. 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
  • Parent: means the birth or adoptive mother or the birth, adoptive, or legal father whose parental rights have not been terminated. See Montana Code 42-1-103
  • 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

(2)The department or agency shall prepare a written report containing the results of its evaluation.