Montana § 42-4-205 Waiting Period Following Placement Of Child

Montana Statutes

§ 42-4-205 — Waiting Period Following Placement Of Child

Montana § 42-4-205

Title 42ADOPTION

Ch. 4PLACEMENTS FOR ADOPTION

Part 2Placements by Department or Licensed Child-Placing Agency

This text of Montana § 42-4-205 (Waiting Period Following Placement Of Child) 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. § 42-4-205 (2026).

Text

42-4-205 . Waiting period following placement of child.

(1)Once the department or agency has received custody of the child and placed the child for adoption, the department or agency shall supervise and evaluate the placement during a 6-month postplacement evaluation period.

(2)The department or agency may recommend in the postplacement evaluation filed with the petition for adoption that the court issue a decree of adoption sooner than the 6-month postplacement evaluation period if:

(a)(i) a period of at least 6 months has elapsed since the department or agency placed the child in the prospective adoptive home; and

(ii)the department or agency has completed a postplacement evaluation during that period; or

(b)(i) a postplacement evaluation has been completed and filed with the court;

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42-4-205 . Waiting period following placement of child. (1) Once the department or agency has received custody of the child and placed the child for adoption, the department or agency shall supervise and evaluate the placement during a 6-month postplacement evaluation period.
(2) The department or agency may recommend in the postplacement evaluation filed with the petition for adoption that the court issue a decree of adoption sooner than the 6-month postplacement evaluation period if:
(a) (i) a period of at least 6 months has elapsed since the department or agency placed the child in the prospective adoptive home; and
(ii) the department or agency has completed a postplacement evaluation during that period; or
(b) (i) a postplacement evaluation has been completed and filed with the court; and
(ii) there are detailed extenuating circumstances supporting a waiver of the 6-month postplacement evaluation period.
(3) The department or an agency may recommend the waiver of the 6-month postplacement evaluation period and the postplacement evaluation if the adoptee has been in the petitioner's home as a foster child for at least 1 year.