Title 40, Title 40

In a custody action under 40-6-411, the court shall determine custody of the newborn based on the newborn's best interest as provided in 40-4-212. The court shall determine the newborn's best interest with the goal of achieving permanent placement for the newborn at the earliest …

Based on the court's finding of the newborn's best interest under 40-6-412, the court may issue an order: (1) granting legal or physical custody, or both, of the newborn to the parent and either retaining or relinquishing jurisdiction; or (2) denying custody of the newborn to the…

(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 department shall reimburse a hospital for the actual expenses incurred by the hospital in accepting and caring for a newborn who is surrendered under 40-6-405.

(1) A criminal investigation may not be initiated solely on the basis of a newborn being surrendered to an emergency services provider under this part in the absence of reasonable suspicion of actual abuse or neglect. (2) Except when there is intentional infliction of injury to t…

(1) The legislature recognizes that the rights of parents to the custody and control of a child are based upon liberties secured by the United States and Montana constitutions and that a parent's rights to that custody and control of a child are therefore normally supreme to the …

(1) A caretaker relative of a child who has voluntarily been given custody of the child by a parent of the child has the same authority as a custodial parent of the child to consent to medical care for the child for which parental consent is usually required if: (a) in leaving th…

(1) The legislature recognizes that the right of parents to the custody and control of their children is based upon the liberties secured by the United States and Montana constitutions and that a parent's right to that custody and control is therefore normally supreme to the inte…

(1) If custody of a child has been voluntarily given to a relative of the child by a parent of the child and the child has remained with that relative for at least 6 months under circumstances in which it is unclear whether or when the parent will return and retake custody of the…

(1) A government entity may not interfere with the fundamental right of parents to direct the upbringing, education, health care, and mental health of their children unless the government entity demonstrates that the interference: (a) furthers a compelling governmental interest; …

(1) (a) Except as otherwise provided by Title 41, chapter 1, part 4, or court order, a person, corporation, association, organization, state-supported institution, or individual employee of a corporation, association, organization, or state-supported institution may not: (i) proc…

(1) The board of trustees of a school district, in consultation with parents, teachers, and administrators, shall develop and adopt a policy to promote the involvement of parents of children enrolled in the school district, including: (a) a plan for parent participation in the sc…

(1) Unless a right has been legally waived or legally terminated, a parent has inalienable rights that are more comprehensive than those listed in 40-6-701, 40-6-702, 41-1-402, 41-1-403, 41-1-405, and this section. The protections afforded by 40-6-701, 40-6-702, 41-1-402, 41-1-40…

(1) Unless parental rights have been legally waived or legally terminated, parents have inalienable rights that are more comprehensive than those described in 40-6-701 or 40-6-703. The protections afforded by 40-6-701 and 40-6-703 are in addition to the protections provided under…