Montana § 40-6-414 Presumption Of Waiver Of Parental Rights -- Department To File Petition

Montana Statutes

§ 40-6-414 — Presumption Of Waiver Of Parental Rights -- Department To File Petition

Montana § 40-6-414

Title 40FAMILY LAW

Ch. 6PARENT AND CHILD

Part 4Montana Safe Haven Newborn Protection Act

This text of Montana § 40-6-414 (Presumption Of Waiver Of Parental Rights -- Department To File Petition) 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. § 40-6-414 (2026).

Text

40-6-414 . Presumption of waiver of parental rights -- department to file petition.

(1)Except as provided in 41-3-1326 , a parent who surrenders a newborn under 40-6-405 and who does not file a custody action under 40-6-411 is presumed to have knowingly waived the parent's parental rights to the newborn.

(2)If a custody action is not filed under 40-6-411 or if the parent is denied custody of the newborn under 40-6-413 , the department shall file a petition under Title 41, chapter 3, part 4, or, if applicable, the Montana Indian Child Welfare Act provided for in Title 41, chapter 3, part 13, requesting appropriate relief with the goal of achieving permanent placement for the newborn at the earliest possible date.

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40-6-414 . Presumption of waiver of parental rights -- department to file petition. (1) Except as provided in 41-3-1326 , a parent who surrenders a newborn under 40-6-405 and who does not file a custody action under 40-6-411 is presumed to have knowingly waived the parent's parental rights to the newborn.
(2) If a custody action is not filed under 40-6-411 or if the parent is denied custody of the newborn under 40-6-413 , the department shall file a petition under Title 41, chapter 3, part 4, or, if applicable, the Montana Indian Child Welfare Act provided for in Title 41, chapter 3, part 13, requesting appropriate relief with the goal of achieving permanent placement for the newborn at the earliest possible date.