40-6-403. Court jurisdictionhospital immunity. (1) The court has jurisdiction over a newborn who is surrendered to an emergency services provider as provided in 40-6-405. The court may appoint a guardian ad litem to represent a newborn in proceedings under this part.

Terms Used In Montana Code 40-6-403

  • Court: means a court of record in a competent jurisdiction and, in Montana, means a district court or a tribal court. See Montana Code 40-6-402
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Emergency services provider: means :

    (a)a uniformed or otherwise identifiable employee of a fire department, hospital, or law enforcement agency when the individual is on duty inside the premises of the fire department, hospital, or law enforcement agency or is on duty responding to an emergency call; or

    (b)any law enforcement officer, as defined in 7-32-201, who is in uniform or is otherwise identifiable. See Montana Code 40-6-402

  • Gross negligence: means conduct so reckless as to demonstrate a substantial lack of concern for whether an injury results. See Montana Code 40-6-402
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Hospital: has the meaning provided in 50-5-101 and includes a rural emergency hospital. See Montana Code 40-6-402
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Newborn: means an infant who a physician reasonably believes to be no more than 30 days old. See Montana Code 40-6-402

(2)Except as provided in 40-6-406, the reporting requirements of 41-3-201 do not apply regarding a newborn who is surrendered to an emergency services provider as provided in 40-6-405.

(3)A hospital and the agents and employees of the hospital are immune in a civil action for damages for an act or omission in accepting or transferring a newborn under this part, except for an act or omission constituting gross negligence or willful or wanton misconduct.