Terms Used In Montana Code > Title 5 > Chapter 13 > Part 3 - Legislative Auditor

• Adoptee: means an adopted person or a person who is the subject of adoption proceedings that are intended to result in the adoptee becoming the legal child of another person. See Montana Code 42-1-103
• 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
• 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
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Birth parent: means the woman who gave birth to the child or the father of genetic origin of the child. See Montana Code 42-1-103
• 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

• Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Confidential intermediary: means a person certified by the department and under contract with or employed by a nonprofit entity with expertise in adoption. See Montana Code 42-1-103
• Contract: A legal written agreement that becomes binding when signed.
• Conviction: A judgement of guilt against a criminal defendant.
• 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 42-10-103
• Department: means the department of public health and human services, provided for in 2-15-2201. See Montana Code 42-1-103
• Dependent: A person dependent for support upon another.
• 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
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. ^{Source: OCC}
• 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.
• Extended family member: means a person who is or was the adoptee's parent, grandparent, aunt or uncle, brother or sister, or child. See Montana Code 42-1-103
• Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
• Fraud: Intentional deception resulting in injury to another.
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• 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.
• Identifying information: means information that directly reveals or indirectly indicates the identity of a person and includes the person's name or address. See Montana Code 42-1-103
• Intestate: Dying without leaving a will.
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Knowingly: means only a knowledge that the facts exist which bring the act or omission within the provisions of this code. See Montana Code 1-1-204
• Nonidentifying information: means information that does not directly reveal or indirectly indicate the identity of a person, including:

  (a)medical information and information related to general physical characteristics;

  (b)family information, including marital status and the existence of siblings;

  (c)religious affiliation;

  (d)educational background information that does not reveal specific programs or institutions attended;

  (e)general occupation;

  (f)hobbies; and

  (g)photographs provided by any of the parties involved that were specifically intended to be provided to another party. See Montana Code 42-1-103

• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• Oversight: Committee review of the activities of a Federal agency or program.
• 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
• 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

• Process: means a writ or summons issued in the course of judicial proceedings. See Montana Code 1-1-202
• Property: means real and personal property. See Montana Code 1-1-205
• Records: means all documents, exhibits, and data pertaining to an adoption. 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
• 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
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• United States: includes the District of Columbia and the territories. See Montana Code 1-1-201
• Venue: The geographical location in which a case is tried.
• Writing: includes printing. See Montana Code 1-1-203