Montana Code 42-2-604. Contents of petition for termination of parental rights
42-2-604. (Temporary) Contents of petition for termination of parental rights. (1) The petition for termination of parental rights must state:
Terms Used In Montana Code 42-2-604
- 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
- Child: means any person under 18 years of age. See Montana Code 42-1-103
- 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
- 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.
- 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
- Relinquishment: means the informed and voluntary release in writing of all parental rights with respect to a child by a parent to an agency or individual. See Montana Code 42-1-103
- 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
(a)the identity of the petitioner;
(b)the date and location of the birth of the child;
(c)the date of the relinquishment by the birth mother or relinquishing parent;
(d)the current location of the child;
(e)the names and locations, if known, of any putative or presumed father of the child;
(f)whether a parent is one from whom consent is not required;
(g)whether court orders from any other proceeding have been issued terminating parental rights to the child that is the subject of the petition;
(h)any other evidence supporting termination of the legal rights that a person has with regard to the child; and
(i)a request for temporary custody of the child prior to the adoption.
(2)The petitioner shall file with the petition for termination of parental rights the following documents received in support of the petition:
(a)any relinquishments and consents to adoption;
(b)any denials of paternity;
(c)any acknowledgments of paternity and denial of parental rights;
(d)any affidavits from the putative father registry that have been executed by the department;
(e)the adoptive decision support services report required under 42-2-409;
(f)proof of prior service of any notice or acknowledgment of service or waiver of service received; and
(g)proof of compliance with the federal Indian Child Welfare Act of 1978, the Montana Indian Child Welfare Act provided for in Title 41, chapter 3, part 13, and Interstate Compact on the Placement of Children, if applicable. (Terminates June 30, 2025–sec. 55, Ch. 716, L. 2023.)