Montana Code 20-5-502. Enrollment by caretaker relative — residency — affidavit
20-5-502. Enrollment by caretaker relative — residency — affidavit. (1) A caretaker relative of a child who has voluntarily been given custody of the child by a parent of the child may, in accordance with this section, enroll the child in school using the rules of residence provided in 1-1-215 if:
Terms Used In Montana Code 20-5-502
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Affidavit: means a sworn written declaration made before an officer authorized to administer oaths or an unsworn written declaration made under penalty of perjury as provided in 1-6-105. See Montana Code 1-1-203
- Contract: A legal written agreement that becomes binding when signed.
- district: means the territory, regardless of county boundaries, organized under the provisions of this title to provide public educational services under the jurisdiction of the trustees prescribed by this title. See Montana Code 20-6-101
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
- Process: means a writ or summons issued in the course of judicial proceedings. See Montana Code 1-1-202
- school: means an institution for the teaching of children that is established and maintained under the laws of the state of Montana at public expense. See Montana Code 20-6-501
(a)in leaving the child with the caretaker relative, the parent expressed no definite time period in which the parent would return for the child;
(b)the child is residing with the caretaker relative on a full-time basis;
(c)the caretaker relative is unable to contact either of the parents after the parents voluntarily leave the child with the caretaker relative or a parent whom the caretaker relative is able to contact is unable or unwilling to regain custody of the child;
(d)no adequate provision, such as the appointment of a guardian ad litem or execution of a power of attorney, has otherwise been made for the educational needs of the child; and
(e)a caretaker relative educational authorization affidavit is completed in compliance with 20-5-503.
(2)A caretaker relative of a child who has voluntarily been given custody of the child by a parent of the child may enroll the child in school unless the child’s residency with the caretaker relative is primarily for the purpose of:
(a)attending a particular school; or
(b)participating in athletics at a particular school.
(3)If the child was subject to formal disciplinary action, including suspension or expulsion, at the child’s previous school, the school district in which the caretaker relative seeks to enroll the child may either implement the previous school district’s disciplinary action without further due process or hold a hearing and determine whether the student’s conduct in the previous school district merits denial of enrollment. If the district decides to enroll the child, then the school district may require the child to comply with a behavior contract as a condition of enrollment.
(4)The school district may require additional reasonable evidence that the caretaker relative lives at the address provided in the affidavit.