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.
History: En. Sec. 3, Ch. 277, L. 2001.
Structure Montana Code Annotated
Part 4. Montana Safe Haven Newborn Protection Act
40-6-403. Court jurisdiction -- hospital immunity
40-6-404. Immunity for fire department and law enforcement agency
40-6-405. Surrender of newborn to emergency services provider -- temporary protective custody
40-6-406. Medical care -- report of abuse or neglect -- report to department
40-6-408. through 40-6-410 reserved
40-6-411. Rights of parents -- custody action
40-6-412. Custody action -- newborn's best interest
40-6-413. Custody action -- order
40-6-414. Presumption of waiver of parental rights -- department to file petition
40-6-416. Reimbursement of medical expenses
40-6-417. Surrender to emergency services provider as bar to criminal prosecution