40-6-414. Presumption of waiver of parental rights -- department to file petition. (1) 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, requesting appropriate relief with the goal of achieving permanent placement for the newborn at the earliest possible date.
History: En. Sec. 11, 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