42-4-309. Preplacement and postplacement evaluation period — waiver. In a stepparent adoption, if the court is satisfied that the adoption is in the best interests of the child, the court may waive the requirement of a preplacement evaluation and the 6-month postplacement evaluation and report and grant a decree of adoption.

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Terms Used In Montana Code 42-4-309

  • 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
  • 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
  • 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