Sections
Part 1 Procedures § 42-10-101 – § 42-10-128

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Terms Used In Montana Code > Title 42 > Chapter 10 - Subsidized Adoptions

  • 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
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • 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

  • Contract: A legal written agreement that becomes binding when signed.
  • 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.
  • Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
  • 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.
  • Process: means a writ or summons issued in the course of judicial proceedings. See Montana Code 1-1-202
  • Records: means all documents, exhibits, and data pertaining to an adoption. See Montana Code 42-1-103
  • United States: includes the District of Columbia and the territories. See Montana Code 1-1-201
  • Writing: includes printing. See Montana Code 1-1-203