Montana Code 42-2-605. Notice of hearing — service
42-2-605. Notice of hearing — service. (1) Notice of a hearing to be held on the petition for termination of parental rights must be served in any manner appropriate under the Montana Rules of Civil Procedure or in any manner that the court may direct on:
Terms Used In Montana Code 42-2-605
- Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
- 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
- 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
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- 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
(a)a putative or presumed father who has timely and properly complied with the putative father registry;
(b)a putative father who was not served with a notice of intent to release at least 20 days before the expected date of birth as specified in the notice of intent to release;
(c)a person adjudicated, in Montana, to be the father of the child for the purpose of child support;
(d)a person who is recorded on the child’s birth certificate as the child’s father;
(e)a person who is openly living with the child and the child’s mother at the time that the proceeding is initiated or at the time the child was placed in the care of an authorized agency and who is representing to the public that the person is the child’s father;
(f)a spouse, if the parent relinquishing the child for adoption was married to that person at the time of conception of the child or at any time after conception but prior to birth; or
(g)a parent or legal guardian of the child in question who has not waived notice.
(2)The notice of hearing must inform the putative or presumed father or other parent that failure to appear at the hearing constitutes a waiver of the individual’s interest in custody of the child and will result in the court’s termination of the individual’s rights to the child.
(3)Proof of service of the notice of hearing must be filed with the court. A notarized acknowledgment of service by the party to be served is proof of personal service. Proof of service is not required if the putative father is present at the hearing. A waiver of notice of the hearing by an individual entitled to receive notice is sufficient.
(4)If the court finds that the father of the child is a person who did not receive either a timely notice of intent to release pursuant to 42-2-205 or a notice required pursuant to this section and who has not waived the right to notice of hearing and that person is not present at the hearing, the court shall adjourn further proceedings until that person is served with a notice of hearing.