Montana Adoption Laws, Page 7

Infant Safe Haven Laws

Statute: § 40-6-402

Statute: § 40-6-405

Statute: § 40-6-402

An emergency services provider, which includes:
- 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
- Any law enforcement officer, who is in uniform or is otherwise identifiable

Statute: §§ 40-6-405; 40-6-406

Perform any act necessary to protect the child's physical health and safety, and transport the child to a hospital if needed
Attempt to inform the parent about the consequences of relinquishment and the availability of services
Encourage the parent to provide family and medical information
If possible, determine whether the child has a Tribal affiliation
Notify the department
Make a protective services report if child abuse is suspected, or if a physician suspects that the child is other than a newborn

Statute: §§ 40-6-403; 40-6-404

Statute: §§ 40-6-405; 40-6-417

Information provided by the parent will not be made public.
A criminal investigation or prosecution for abandonment may not be initiated based solely on relinquishment.

Statute: § 40-6-405

By the act of relinquishment, the parent releases the child for adoption.
The parent has 60 days to petition the court to regain custody.
The parent may not receive personal notice of any proceedings.
Any Indian heritage of the child brings the child under the jurisdiction of the Indian Child Welfare Act.

Credits: Child Welfare Information Gateway (http://www.childwelfare.gov)