42-4-115. Motion to enter adoption decree. (1) The prospective adoptive parent may file a motion for entry of an adoption decree no sooner than 6 months after the court has granted temporary custody to the prospective adoptive parent.
(2) The motion must be supported by the following documents:
(a) the postplacement evaluation prepared pursuant to 42-4-113; and
(b) an updated list of all disbursements made in connection with the adoption proceeding.
(3) A notice of hearing is not required for any party whose parental rights have been terminated in prior proceedings.
(4) The court shall consider the petition and shall grant or deny the petition pursuant to the provisions of 42-4-405 and 42-5-101 through 42-5-109.
(5) If the petition to adopt is denied, the court shall provide notice to the placing parent that the petition has been denied and shall take appropriate action for placement of the child pursuant to 42-5-106.
(6) Finality of the decree or the order denying the decree and the time for appeal are determined pursuant to 42-5-203.
History: En. Sec. 102, Ch. 480, L. 1997.
Structure Montana Code Annotated
Chapter 4. Placements for Adoption
Part 1. Direct Parental Placements
42-4-101. Parties to direct parental placement adoption
42-4-102. Duties of placing parent
42-4-103. Direct parental placement -- information to be filed
42-4-104. and 42-4-105 reserved
42-4-106. Duty of prospective adoptive parent to provide preplacement evaluation
42-4-107. through 42-4-109 reserved
42-4-110. Duty to promptly petition
42-4-112. Period for postplacement supervision
42-4-113. Postplacement evaluation for direct parental placement adoption
42-4-114. Time and filing of evaluation