Montana Code 40-6-414. Presumption of waiver of parental rights — department to file petition
40-6-414. (Temporary) Presumption of waiver of parental rights — department to file petition. (1) Except as provided in 41-3-1326, a parent who surrenders a newborn under 40-6-405 and who does not file a custody action under 40-6-411 is presumed to have knowingly waived the parent’s parental rights to the newborn.
Terms Used In Montana Code 40-6-414
- Department: means the department of public health and human services provided for in 2-15-2201. See Montana Code 40-6-402
- Knowingly: means only a knowledge that the facts exist which bring the act or omission within the provisions of this code. See Montana Code 1-1-204
- Newborn: means an infant who a physician reasonably believes to be no more than 30 days old. See Montana Code 40-6-402
(2)If a custody action is not filed under 40-6-411 or if the parent is denied custody of the newborn under 40-6-413, the department shall file a petition under Title 41, chapter 3, part 4, or, if applicable, the Montana Indian Child Welfare Act provided for in Title 41, chapter 3, part 13, requesting appropriate relief with the goal of achieving permanent placement for the newborn at the earliest possible date. (Terminates June 30, 2025–sec. 55, Ch. 716, L. 2023.)