Montana § 40-6-402 Definitions

Montana Statutes

§ 40-6-402 — Definitions

Montana § 40-6-402

Title 40FAMILY LAW

Ch. 6PARENT AND CHILD

Part 4Montana Safe Haven Newborn Protection Act

This text of Montana § 40-6-402 (Definitions) 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. § 40-6-402 (2026).

Text

40-6-402 . Definitions. As used in this part, the following definitions apply:

(1)"Child-placing agency" means an agency licensed under Title 52, chapter 8, part 1.

(2)"Court" means a court of record in a competent jurisdiction and, in Montana, means a district court or a tribal court.

(3)"Department" means the department of public health and human services provided for in 2-15-2201 .

(4)"Emergency services provider" means:

(a)a uniformed or otherwise identifiable employee of a fire department, hospital, or law enforcement agency when the individual is on duty inside the premises of the fire department, hospital, or law enforcement agency or is on duty responding to an emergency call; or

(b)any law enforcement officer, as defined in 7-32-201 , who is in uniform or is otherwise identi

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40-6-402 . Definitions. As used in this part, the following definitions apply:
(1) "Child-placing agency" means an agency licensed under Title 52, chapter 8, part 1.
(2) "Court" means a court of record in a competent jurisdiction and, in Montana, means a district court or a tribal court.
(3) "Department" means the department of public health and human services provided for in 2-15-2201 .
(4) "Emergency services provider" means:
(a) a uniformed or otherwise identifiable employee of a fire department, hospital, or law enforcement agency when the individual is on duty inside the premises of the fire department, hospital, or law enforcement agency or is on duty responding to an emergency call; or
(b) any law enforcement officer, as defined in 7-32-201 , who is in uniform or is otherwise identifiable.
(5) "Fire department" means a governmental fire agency organized under Title 7, chapter 33.
(6) "Gross negligence" means conduct so reckless as to demonstrate a substantial lack of concern for whether an injury results.
(7) "Guardian ad litem" means a person appointed to represent a newborn under Title 41, chapter 3.
(8) "Hospital" has the meaning provided in 50-5-101 and includes a rural emergency hospital.
(9) "Law enforcement agency" means a police department, a sheriff's office, a detention center as defined in 7-32-2241 , or a correctional institution as defined in 45-2-101 .
(10) "Newborn" means an infant who a physician reasonably believes to be no more than 30 days old.
(11) "Newborn safety device" means a medical device that meets the following requirements:
(a) provides a controlled environment for the care and protection of a newborn;
(b) includes an adequate dual alarm system connected to the newborn safety device:
(i) that is tested at least one time a month to ensure the alarm system is in working order; and
(ii) that dispatches the nearest emergency services provider to retrieve a newborn placed in the device;
(c) is physically located on an exterior structural wall of the premises of a fire department, hospital, or law enforcement agency that is staffed 24 hours a day, except that all emergency services providers located at the premises may be dispatched to an emergency; and
(d) is located in an area that is conspicuous and visible to an emergency services provider.
(12) (a) "Surrender" means to leave a newborn with an emergency services provider without expressing an intent to return for the newborn.
(b) The term includes but is not limited to:
(i) leaving a newborn in a newborn safety device; or
(ii) placing an emergency call and remaining with a newborn until an emergency services provider arrives to accept the newborn.

Legislative History

En. Sec. 2, Ch. 277, L. 2001; amd. Sec. 14, Ch. 36, L. 2005; amd. Sec. 8, Ch. 449, L. 2007; amd. Sec. 1, Ch. 170, L. 2023; amd. Sec. 4, Ch. 602, L. 2023.