Montana Statutes

§ 40-6-403 — Court Jurisdiction -- Hospital Immunity

Montana·Title 40 FAMILY LAW·Ch. 6 PARENT AND CHILD·Part 4 Montana Safe Haven Newborn Protection Act

40-6-403 . Court jurisdiction -- hospital immunity.

(1)The court has jurisdiction over a newborn who is surrendered to an emergency services provider as provided in 40-6-405 . The court may appoint a guardian ad litem to represent a newborn in proceedings under this part.
(2)Except as provided in 40-6-406 , the reporting requirements of 41-3-201 do not apply regarding a newborn who is surrendered to an emergency services provider as provided in 40-6-405 .
(3)A hospital and the agents and employees of the hospital are immune in a civil action for damages for an act or omission in accepting or transferring a newborn under this part, except for an act or omission constituting gross negligence or willful or wanton misconduct.

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Legislative History

En. Sec. 3, Ch. 277, L. 2001.

Nearby Sections

15
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