Montana Code 40-6-405. Surrender of newborn to emergency services provider — temporary protective custody
40-6-405. (Temporary) Surrender of newborn to emergency services provider — temporary protective custody. (1) If a parent surrenders an infant who may be a newborn to an emergency services provider, the emergency services provider shall comply with the requirements of this section under the assumption that the infant is a newborn. The emergency services provider shall, without a court order, immediately accept the newborn, taking the newborn into temporary protective custody, and shall take action necessary to protect the physical health and safety of the newborn.
Terms Used In Montana Code 40-6-405
- Court: means a court of record in a competent jurisdiction and, in Montana, means a district court or a tribal court. See Montana Code 40-6-402
- Department: means the department of public health and human services provided for in 2-15-2201. See Montana Code 40-6-402
- Emergency services provider: means :
(a)a uniformed or otherwise identifiable employee of a fire department, hospital, or law enforcement agency when the individual is on duty inside the premises of the fire department, hospital, or law enforcement agency or is on duty responding to an emergency call; or
(b)any law enforcement officer, as defined in 7-32-201, who is in uniform or is otherwise identifiable. See Montana Code 40-6-402
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Newborn: means an infant who a physician reasonably believes to be no more than 30 days old. See Montana Code 40-6-402
- Newborn safety device: means a medical device that meets the following requirements:
(a)provides a controlled environment for the care and protection of a newborn;
(b)includes an adequate dual alarm system connected to the newborn safety device:
(i)that is tested at least one time a month to ensure the alarm system is in working order; and
(ii)that dispatches the nearest emergency services provider to retrieve a newborn placed in the device;
(c)is physically located on an exterior structural wall of the premises of a fire department, hospital, or law enforcement agency that is staffed 24 hours a day, except that all emergency services providers located at the premises may be dispatched to an emergency; and
(d)is located in an area that is conspicuous and visible to an emergency services provider. See Montana Code 40-6-402
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
- Surrender: means to leave a newborn with an emergency services provider without expressing an intent to return for the newborn. See Montana Code 40-6-402
(2)If a newborn is surrendered face to face, the emergency services provider shall make a reasonable effort to do all of the following:
(a)if possible, inform the parent that the parent may remain anonymous;
(b)if possible, inform the parent that by surrendering the newborn, the parent is releasing the newborn to the department to be placed for adoption according to law;
(c)if possible, inform the parent that the parent has 60 days to petition the court to regain custody of the newborn;
(d)if possible, ascertain whether the newborn has a tribal affiliation and, if so, ascertain relevant information pertaining to any Indian heritage of the newborn;
(e)provide the parent with written material approved by or produced by the department, which includes but is not limited to all of the following statements:
(i)by surrendering the newborn, the parent is releasing the newborn to the department to be placed for adoption and the department shall initiate court proceedings according to law to place the newborn for adoption, including proceedings to terminate parental rights;
(ii)the parent has 60 days after surrendering the newborn to petition the court to regain custody of the newborn;
(iii)the parent may not receive personal notice of the court proceedings begun by the department;
(iv)information that the parent provides to an emergency services provider will not be made public;
(v)a parent may contact the department for more information and counseling; and
(vi)any Indian heritage of the newborn brings the newborn within the jurisdiction 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.
(3)If a newborn is surrendered face to face, after providing a parent with the information described in subsection (2), if possible, an emergency services provider shall make a reasonable effort to:
(a)encourage the parent to provide any relevant family or medical information, including information regarding any tribal affiliation;
(b)provide the parent with information that the parent may receive counseling or medical attention;
(c)inform the parent that information that the parent provides will not be made public;
(d)ask the parent for the parent’s name;
(e)inform the parent that in order to place the newborn for adoption, the state is required to make a reasonable attempt to identify the other parent and to obtain relevant medical family history and then ask the parent to identify the other parent;
(f)inform the parent that the department can provide confidential services to the parent; and
(g)inform the parent that the parent may sign a relinquishment for the newborn to be used at a hearing to terminate parental rights.
(4)If a newborn is surrendered in a newborn safety device, the emergency services provider shall make a reasonable effort to provide the parent with the written material described in subsection (2)(e). (Terminates June 30, 2025–sec. 55, Ch. 716, L. 2023.)