42-4-106. Duty of prospective adoptive parent to provide preplacement evaluation. (1) Prior to taking custody of a child whom the prospective adoptive parent intends to adopt, the prospective adoptive parent shall obtain a favorable preplacement evaluation.

Ask a legal question, get an answer ASAP!
Click here to chat with a lawyer about your rights.

Terms Used In Montana Code 42-4-106

  • 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
  • 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
  • Child: means any person under 18 years of age. 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
  • Placing parent: means a parent who is voluntarily making a child available for adoption. See Montana Code 42-1-103
  • Preplacement evaluation: means the home study process conducted by the department or a licensed child-placing agency that:

    (a)assists a prospective adoptive parent or family to assess its own readiness to adopt; and

    (b)assesses whether the prospective adoptive parent or family and home meet applicable standards. See Montana Code 42-1-103

  • 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

(2)A placing parent must be provided with a copy of the preplacement evaluation prior to execution of a relinquishment and consent to adoption of the child.