42-4-205. Waiting period following placement of child. (1) Once the department or agency has received custody of the child and placed the child for adoption, the department or agency shall supervise and evaluate the placement during a 6-month postplacement evaluation period.
(2) The department or agency may recommend in the postplacement evaluation filed with the petition for adoption that the court issue a decree of adoption sooner than the 6-month postplacement evaluation period if:
(a) (i) a period of at least 6 months has elapsed since the department or agency placed the child in the prospective adoptive home; and
(ii) the department or agency has completed a postplacement evaluation during that period; or
(b) (i) a postplacement evaluation has been completed and filed with the court; and
(ii) there are detailed extenuating circumstances supporting a waiver of the 6-month postplacement evaluation period.
(3) The department or an agency may recommend the waiver of the 6-month postplacement evaluation period and the postplacement evaluation if the adoptee has been in the petitioner's home as a foster child for at least 1 year.
History: En. Sec. 108, Ch. 480, L. 1997.
Structure Montana Code Annotated
Chapter 4. Placements for Adoption
Part 2. Placements by Department or Licensed Child-Placing Agency
42-4-201. Factors to be considered -- best interests of child
42-4-202. Parties to department or agency placement
42-4-203. Duties of placing parent
42-4-204. Counseling requirements
42-4-205. Waiting period following placement of child
42-4-206. Petition for adoption filed by prospective adoptive parent
42-4-207. and 42-4-208 reserved