Montana Code 42-3-203. Information to be reviewed in conducting preplacement evaluation
42-3-203. Information to be reviewed in conducting preplacement evaluation. (1) A preplacement evaluation must include a review of the following information about the prospective adoptive parent:
Terms Used In Montana Code 42-3-203
- Adoption: means the act of creating the legal relationship between parent and child when it does not exist genetically. See Montana Code 42-1-103
- Adoptive parent: means an adult who has become the mother or father of a child through the legal process of adoption. See Montana Code 42-1-103
- Child: means any person under 18 years of age. See Montana Code 42-1-103
- Conviction: A judgement of guilt against a criminal defendant.
- Court: means a court of record in a competent jurisdiction and in Montana means a district court or a tribal court. See Montana Code 42-1-103
- Department: means the department of public health and human services, provided for in 2-15-2201. See Montana Code 42-1-103
- Parent: means the birth or adoptive mother or the birth, adoptive, or legal father whose parental rights have not been terminated. See Montana Code 42-1-103
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
- Preplacement evaluation: means the home study process conducted by the department or a licensed child-placing agency that:
(a)assists a prospective adoptive parent or family to assess its own readiness to adopt; and
(b)assesses whether the prospective adoptive parent or family and home meet applicable standards. See Montana Code 42-1-103
- Records: means all documents, exhibits, and data pertaining to an adoption. See Montana Code 42-1-103
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
(a)a check of criminal conviction data, data on substantiated abuse or neglect of a child under Title 41, chapter 3, and data pertaining to any involvement in incidents of domestic violence;
(b)medical and social history and current health;
(c)assessment of potential parenting skills;
(d)assessment of ability to provide adequate financial support for a child; and
(e)assessment of the level of knowledge and awareness of adoption issues, including, when appropriate, matters relating to open, interracial, cross-cultural, and special needs adoptions.
(2)(a) The prospective adoptive parent, the department of justice, and other state, county, and local agencies, after written notice to the subject of the study, shall give the evaluator completing the adoption study substantiated data pertaining to criminal convictions and any reports concerning domestic violence and substantiated abuse or neglect of children or vulnerable adults.
(b)The adoption study may also include a check of the youth court records of any person living in the prospective home. Pursuant to 41-5-215 and 41-5-216, the youth court shall release the requested information to the evaluator completing the adoption study. If applicable, the study must include an evaluation of the effect of a conviction, adjudication, or finding of substantiated abuse or neglect on the ability to care for a child.
(3)The preplacement evaluation must include at least one in-home visit with the prospective adoptive parent and at least one interview with each family member.