Montana Code 42-10-106. Certification as child with special needs
42-10-106. Certification as child with special needs. (1) Whenever the conditions of 42-10-103 are found to exist and the foster parents seek to adopt the child, the child must be certified as a child with special needs.
Terms Used In Montana Code 42-10-106
- 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
- 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
- Child: means any person under 18 years of age. See Montana Code 42-1-103
- Child with special needs: means a child who is a dependent of a public or voluntary licensed child placement agency and meets at least one of the following criteria as a child who is:
(a)diagnosed as having a physical, mental, or emotional disability;
(b)recognized to be at high risk of developing a physical, mental, or emotional disability;
(c)a member of a minority group;
(d)6 years of age or older; or
(e)a member of a sibling group to be placed together for adoption. See Montana Code 42-10-103
- Department: means the department of public health and human services provided for in 2-15-2201. See Montana Code 42-10-103
- Dependent: A person dependent for support upon another.
- 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.
(2)In all other cases in which the conditions of 42-10-103 are found to exist and after reasonable efforts have been made and without subsidy no appropriate adoptive family has been found for a child, the department shall certify the child as a child with special needs.
(3)If the child is the dependent of a licensed child-placing agency, that agency shall present to the department evidence of inability to place the child for adoption due to any of the conditions specified in 42-10-103. The agency shall present evidence that reasonable efforts have been made to place the child without subsidy. Upon such a showing, the department shall certify the child as a child with special needs.