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Infant Safe Haven Laws- Montana

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Infant's Age
Statute: § 40-6-402

No more than 30 days old

Who May Relinquish the Infant
Statute: § 40-6-405


Parent
An individual

Who May Receive the Infant
Statute: § 40-6-402


Emergency services provider
Law enforcement officer

Responsibilities of the Safe Haven Provider
Statute: § 40-6-405


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Perform any act necessary to protect the child
Attempt to provide information to the parent
Encourage the parent to provide family and medical information
Ascertain whether child has a Tribal affiliation
Notify the department

Immunity for the Provider
Statute: §§ 40-6-403; 40-6-404


Yes, for hospital employees
Yes, for law enforcement and fire fighters

Protection for Relinquishing Parent
Statute: §§ 40-6-405; 40-6-417


Information provided will not be made public
A criminal prosecution for abandonment may not be initiated

Effect on Parental Rights
Statute: § 40-6-405


By act of relinquishment, parent releases the child for adoption
Parent has 60 days to petition court to regain custody

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