Terms Used In Montana Code > Title 40 > Chapter 6 > Part 4 - Montana Safe Haven Newborn Protection Act

• 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.
• Department: means the department of public health and human services provided for in 2-15-2201. See Montana Code 40-6-402
• 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

• Fire department: means a governmental fire agency organized under Title 7, chapter 33. 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.
• Knowingly: means only a knowledge that the facts exist which bring the act or omission within the provisions of this code. See Montana Code 1-1-204
• Law enforcement agency: means a police department, a sheriff's office, a detention center as defined in 7-32-2241, or a correctional institution as defined in 45-2-101. See Montana Code 40-6-402
• Newborn: means an infant who a physician reasonably believes to be no more than 30 days old. See Montana Code 40-6-402
• Newborn safety device: means a medical device that meets the following requirements:

  (a)provides a controlled environment for the care and protection of a newborn;

  (b)includes an adequate dual alarm system connected to the newborn safety device:

  (i)that is tested at least one time a month to ensure the alarm system is in working order; and

  (ii)that dispatches the nearest emergency services provider to retrieve a newborn placed in the device;

  (c)is physically located on an exterior structural wall of the premises of a fire department, hospital, or law enforcement agency that is staffed 24 hours a day, except that all emergency services providers located at the premises may be dispatched to an emergency; and

  (d)is located in an area that is conspicuous and visible to an emergency services provider. See Montana Code 40-6-402

• Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
• 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
• Surrender: means to leave a newborn with an emergency services provider without expressing an intent to return for the newborn. See Montana Code 40-6-402