Montana Code 42-4-209. Postplacement department or agency evaluation
42-4-209. (Temporary) Postplacement department or agency evaluation. (1) The department or agency shall complete a written postplacement evaluation. The postplacement evaluation must be conducted according to the department’s or agency’s standards for placement of a child and at a minimum must include a personal interview with the prospective adoptive parent in that person‘s home and observation of the relationship between the child and the prospective adoptive parent.
Terms Used In Montana Code 42-4-209
- 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
- Court: means a court of record in a competent jurisdiction and in Montana means a district court or a tribal court. 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
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
(2)Upon the filing of a petition for adoption by the prospective adoptive parent, the department or agency shall file the postplacement evaluation.
(3)The evaluation must include the following information:
(a)whether the child is legally free for adoption;
(b)whether the proposed home is suitable for the child;
(c)a statement that the medical and social histories of the birth parents and child have been provided to the prospective adoptive parent;
(d)an assessment of adaptation by the prospective adoptive parent to parenting the child;
(e)a statement that the 6-month postplacement evaluation period has been complied with or should be waived;
(f)any other circumstances and conditions that may have a bearing on the adoption and of which the court should have knowledge;
(g)whether the agency waives notice of the proceeding;
(h)a statement that any applicable provision of law governing an interstate or intercountry placement of the child has been complied with; and
(i)a statement of compliance with any applicable provisions of the federal Indian Child Welfare Act, 25 U.S.C. § 1901, et seq., and the Montana Indian Child Welfare Act provided for in Title 41, chapter 3, part 13.
(4)The evaluation must contain a definite recommendation stating the reasons for or against the proposed adoption. (Terminates June 30, 2025–sec. 55, Ch. 716, L. 2023.)