Montana § 42-10-106 Certification As Child With Special Needs

Montana Statutes

§ 42-10-106 — Certification As Child With Special Needs

Montana § 42-10-106

Title 42ADOPTION

Ch. 10SUBSIDIZED ADOPTIONS

Part 1Procedures

This text of Montana § 42-10-106 (Certification As Child With Special Needs) is published on Counsel Stack Legal Research, covering Montana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mont. Code Ann. § 42-10-106 (2026).

Text

42-10-106 . Certification as child with special needs.

(1)Whenever the conditions of 42-10-103 are found to exist and the foster parents seek to adopt the child, the child must be certified as a child with special needs.

(2)In all other cases in which the conditions of 42-10-103 are found to exist and after reasonable efforts have been made and without subsidy no appropriate adoptive family has been found for a child, the department shall certify the child as a child with special needs.

(3)If the child is the dependent of a licensed child-placing agency, that agency shall present to the department evidence of inability to place the child for adoption due to any of the conditions specified in 42-10-103 . The agency shall present evidence that reasonable efforts have been made to place th

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42-10-106 . Certification as child with special needs. (1) Whenever the conditions of 42-10-103 are found to exist and the foster parents seek to adopt the child, the child must be certified as a child with special needs.
(2) In all other cases in which the conditions of 42-10-103 are found to exist and after reasonable efforts have been made and without subsidy no appropriate adoptive family has been found for a child, the department shall certify the child as a child with special needs.
(3) If the child is the dependent of a licensed child-placing agency, that agency shall present to the department evidence of inability to place the child for adoption due to any of the conditions specified in 42-10-103 . The agency shall present evidence that reasonable efforts have been made to place the child without subsidy. Upon such a showing, the department shall certify the child as a child with special needs.

Legislative History

En. 71-1810 by Sec. 5, Ch. 434, L. 1977; R.C.M. 1947, 71-1810(1) thru (3); Sec. 53-4-307 , MCA 1989; redes. 52-2-506 by Code Commissioner, 1991; Sec. 52-2-506 , MCA 1995; redes. 42-10-106 by Sec. 174, Ch. 480, L. 1997; amd. Sec. 3, Ch. 21, L. 1999.