Mont. Code § 42-4-209

Current through the 2023 Regular Session
Section 42-4-209 - [Effective 7/1/2025] Postplacement department or agency evaluation
(1) The department or agency shall complete a written postplacement evaluation. The postplacement evaluation must be conducted according to the department's or agency's standards for placement of a child and at a minimum must include a personal interview with the prospective adoptive parent in that person's home and observation of the relationship between the child and the prospective adoptive parent.
(2) Upon the filing of a petition for adoption by the prospective adoptive parent, the department or agency shall file the postplacement evaluation.
(3) The evaluation must include the following information:
(a) whether the child is legally free for adoption;
(b) whether the proposed home is suitable for the child;
(c) a statement that the medical and social histories of the birth parents and child have been provided to the prospective adoptive parent;
(d) an assessment of adaptation by the prospective adoptive parent to parenting the child;
(e) a statement that the 6-month postplacement evaluation period has been complied with or should be waived;
(f) any other circumstances and conditions that may have a bearing on the adoption and of which the court should have knowledge;
(g) whether the agency waives notice of the proceeding;
(h) a statement that any applicable provision of law governing an interstate or intercountry placement of the child has been complied with; and
(i) a statement of compliance with any applicable provisions of the Indian Child Welfare Act, 25 U.S.C. 1901, et seq.
(4) The evaluation must contain a definite recommendation stating the reasons for or against the proposed adoption.

§ 42-4-209, MCA

Amended by Laws 2023, Ch. 716,Sec. 46, eff. 7/1/2023, terminates 6/30/2025.
En. Sec. 110, Ch. 480, L. 1997.
This section is set out more than once due to postponed, multiple, or conflicting amendments.