Montana Code 42-2-217. Registry search — request — affidavit
42-2-217. Registry search — request — affidavit. (1) The following persons may at any time request that the department search the registry to determine whether a putative father is registered in relation to a child who is or may be the subject of a proceeding to terminate parental rights:
Terms Used In Montana Code 42-2-217
- 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
- Adoptive parent: means an adult who has become the mother or father of a child through the legal process of adoption. See Montana Code 42-1-103
- 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
- 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: includes an unborn child. See Montana Code 42-2-201
- 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
- Direct parental placement adoption: means an adoption in which the parent of the child places the child with a prospective adoptive parent personally known and selected by the parent independent of an agency. See Montana Code 42-1-103
- Parent: means the birth or adoptive mother or the birth, adoptive, or legal father whose parental rights have not been terminated. 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
- Putative father: means an individual who may be a child's birth father but who:
(i)is not married to the child's mother on or before the date that the child is born; or
(ii)has not established paternity of the child prior to the filing of a petition for termination of parental rights to the child for purposes of adoption. See Montana Code 42-2-201
- Registry: means the putative father registry established under 42-2-202. See Montana Code 42-2-201
- Writing: includes printing. See Montana Code 1-1-203
(a)a representative of the department;
(b)a representative of an agency when the agency is or may be arranging an adoption;
(c)a prospective adoptive parent or an attorney representing a prospective adoptive parent in a direct parental placement adoption who has the notarized consent of the birth mother; or
(d)any woman who is the subject of a registration.
(2)Upon request of a person listed in subsection (1), the department shall submit an affidavit pursuant to the requirements of subsections (4) and (5).
(3)A request for information about a registration from the department must be in writing.
(4)Not later than 5 days after receiving a request for a registry search, the department shall submit an affidavit to the requestor verifying whether a putative father has registered within the period allowed under 42-2-206 in relation to a mother whose child or expected child is the subject of the termination proceeding.
(5)Whenever the department finds that one or more putative fathers are registered, the department shall:
(a)submit a copy of each registration form with the department’s affidavit; and
(b)include in the affidavit the date that the department representative, agency, or attorney submitted the request for the search.
(6)A court may not issue an order terminating parental rights unless the department’s affidavit under subsection (5) is filed with the court.