Montana Code 42-6-104. Appointment of confidential intermediary — duties — payment
42-6-104. Appointment of confidential intermediary — duties — payment. (1) After a petition for disclosure has been filed under 42-6-103, the court shall appoint a confidential intermediary who shall:
Terms Used In Montana Code 42-6-104
- 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
- Confidential intermediary: means a person certified by the department and under contract with or employed by a nonprofit entity with expertise in adoption. 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
- Identifying information: means information that directly reveals or indirectly indicates the identity of a person and includes the person's name or address. See Montana Code 42-1-103
- Nonidentifying information: means information that does not directly reveal or indirectly indicate the identity of a person, including:
(a)medical information and information related to general physical characteristics;
(b)family information, including marital status and the existence of siblings;
(c)religious affiliation;
(d)educational background information that does not reveal specific programs or institutions attended;
(e)general occupation;
(f)hobbies; and
(g)photographs provided by any of the parties involved that were specifically intended to be provided to another party. 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
- Records: means all documents, exhibits, and data pertaining to an adoption. See Montana Code 42-1-103
(a)conduct a confidential search for the person sought as requested in the petition for disclosure;
(b)refrain from disclosing directly or indirectly any identifying information to the petitioner, unless ordered to do so by the court; and
(c)make a written report of the results of the search to the court not later than 6 months after appointment.
(2)Upon appointment, a confidential intermediary is entitled to be paid a reasonable fee plus actual expenses incurred in conducting the search. The fee and expenses must be paid by the petitioner.
(3)A confidential intermediary may inspect otherwise confidential records of the court, the department, or an authorized agency for use in the search. The confidential intermediary may not disclose identifying information from the records or any results of a search unless authorized by the court or unless the parties have executed written consent to the confidential intermediary. Nonidentifying information from any source may be disclosed without further order from the court.
(4)If a confidential intermediary locates the person being sought, a confidential inquiry must be made as to whether the located person consents to having that person’s present identity disclosed to the petitioner. The court may request that the confidential intermediary assist in arranging contact between the petitioner and the located person.
(5)If a confidential intermediary locates the person being sought and the located person does not consent to having that person’s identity disclosed, identifying information regarding that person may be disclosed only upon order of the court for good cause shown.
(6)If the person being sought is found to be deceased, the court may order disclosure of identifying information regarding the deceased to the petitioner.