40-6-417. Surrender to emergency services provider as bar to criminal prosecution. (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 the abandoned infant, a criminal prosecution may not be initiated involving the abandonment of an infant that was not more than 30 days old and was surrendered to an emergency services provider under 40-6-405.
History: En. Sec. 14, 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