Montana code annotated

1188 Pages·1993·73.6 MB·English

by  Montana

MONTANA
CODE
ANNOTATED
1993

2399 GENERAL INDEX
STATE TAW LIBRARY
ah fe DEC 10 1993
PACIFIC NORTHWEST ECONOMIC REGION OF MON, AN A
Appointments, 5-11-301, 5-11-703
Compensation of appointees, 5-11-704
Legislative findings, 5-11-701
Participation, text of agreement, 5-11-702
PACIFIC NORTHWEST ELECTRIC POWER AND CONSERVATION PLANNING
COUNCIL, Title 90, chapter 4, part 4
PARADES, 7-21-4201, 10-1-611, 10-1-612, 19-17-105, 27-1-725 — 27-1-728
PARDONS, BOARD OF
See PROBATION, PAROLE, AND CLEMENCY
PARENTAGE ACT, UNIFORM, Title 40, chapter 6, part 1
See PARENT AND CHILD
PARENT AND CHILD
Abandonment
child, by parent, See MINORS, Abandonment
endangering the welfare of children, 45-5-622
“harm to a child’s health or welfare” defined, 41-3-102
parent, by child, 40-6-216
waiver of summons, 41-5-503
Abduction, suit for, 27-1-515
Abortion
notice to parents, 50-20-107
premature infant surviving process, effect of parental acceptance of rights, 50-20-108
Abused, neglected, and dependent children, Title 41, chapter 3, See CHILD ABUSE
AND NEGLECT
Abuse of family or household members, See ABUSE
Actions, conducting for child, 41-1-202
abduction, for, 27-1-515
death of child, for, 27-2-205
injury to child, for, 27-1-512
paternity actions, See Paternity proceedings
seduction, for, 27-1-514
service of process, Title 25, chapter 20, M.R.Civ.P., Rule 4D
Adoption, See also ADOPTION OF CHILDREN
adults, Title 40, chapter 8, part 2
agencies, 40-6-125, 40-6-130, 40-6-135
child relinquished by parent or guardian for, 40-6-125, 40-6-127, 40-6-128, 40-6-130,
40-6-135, 40-8-109
children, Title 40, chapter 8, part 1; Title 52, chapter 2, parts 4 and 5
children born out of wedlock, release or consent for, 40-6-125, 40-6-127, 40-6-128, 40-6-130
expected child, petition and notice of intent to release for, 40-6-127
parents, adoptive — child placed with, when, 40-6-135
paternity actions, 40-6-108, 40-6-109
relationship between parent and child, establishment, 40-6-104
AIDS testing and counseling, 50-16-1003, 50-16-1007
Aid to families with dependent children (AFDC), Title 53, chapters 2 and 4, See
PUBLIC ASSISTANCE
Alcoholic beverages, making available to child, 16-6-305, 45-5-622, 45-5-623
Alcoholism, See CHEMICAL DEPENDENCY, Family members; Minors
GENERAL INDEX 2400
PARENT AND CHILD (Continued)
“Alleged father” defined, 40-5-201-
Anatomical gifts, 72-17-214, 72-17-215
Artificial insemination, paternity determination as result of, 40-6-106
Authority of parent
abuse, civil remedy for, 40-6-233
ceases when, 40-6-234
protective or welfare services do not abrogate, 52-2-102
Birth certificate
confidentiality, 40-6-123
father’s name on, presumption of paternity, 40-6-105, 50-15-109
substitute, issuance when, 40-5-235, 40-6-116, 40-6-123
Birth date of child, judicial determination, Title 27, chapter 32, See BIRTH, Date, judicial
determination
Birth of baby
acknowledgment process, 50-15-210
rights regarding, 37-27-111
Blood tests, defined, 40-5-201
required when, 40-5-233, 40-5-237, 40-6-112, 40-6-114
results as evidence, 40-5-234, 40-5-236, 40-5-237, 40-6-113, 40-6-115
Boats, liability of owner for negligent operation by family member, 23-2-505
Chemical dependency, See CHEMICAL DEPENDENCY
Child abuse and neglect, Title 41, chapter 3, See CHILD ABUSE AND NEGLECT
Child as party to action, 40-6-110
Child-Care Advisory Council, membership, 52-2-705
Children born out of wedlock
adoption, relinquishment or consent for, 40-6-125, 40-6-128, 40-6-130
custody awarded to putative father when, 40-6-130
legitimization, 40-6-130
paternity, notice of intent to claim filed when, 40-6-126
Children generally, See MINORS
Child welfare services, Title 52, chapter 2, part 1, See CHILD ABUSE AND NEGLECT
Citation of Uniform Parentage Act, 40-6-101
Close Corporation Act, Title 35, chapter 9, See CLOSE CORPORATIONS
Confidential communications
artificial insemination, record of husband’s consent, 40-6-106
birth certificate, 40-6-123
consent for disclosure, 26-1-808, 26-1-809
father’s identity when, 40-6-114
records and hearings, 40-6-111, 40-6-120
support payments when, 40-6-122
Conservatorships, See ESTATES AND PROBATE
Contempt, 40-6-111, 40-6-117
Corporal punishment or physical restraint of child, 20-4-302, 45-3-107
“physical injury” defined, 41-3-102
Corporation director’s conflicting interest transactions, 35-1-461 — 35-1-464
Crimes, See CRIMES, Family, offenses involving; Minors; Parent and child
Criminal charges filed against parent when, 16-6-305, 45-5-621, 45-5-622, 45-8-345
Criminal liability, immunity given when, 40-6-111
Custodial interference unlawful, 45-5-304
Custody of child, See also CHILD CUSTODY
awarded to father when, 40-6-116, 40-6-125, 40-6-130
child’s best interests as consideration, 40-6-130
expected child, father’s rights respecting, 40-6-127
modification or revocation when, 40-6-118
proceedings, 40-5-236, 40-6-116
2401 GENERAL INDEX
PARENT AND CHILD (Continued)
Custody of child (Continued)
putative father’s rights, 40-6-127 — 40-6-130
relinquishment, 40-6-125, 40-6-135
Day care, Title 52, chapter 2, See DAY CARE
Deaf and Blind, Montana School for the, Title 20, chapter 8, part 1
Death, effect
child, suit for, 27-2-205
decedents’ estates, relationship to, 40-6-105, 40-6-107, 40-6-108
parent
aid to families with dependent children (AFDC), 53-4-201, See PUBLIC
ASSISTANCE
conservatorship of protected person, appointment, 72-5-410
custody of child, 40-4-219, 40-6-221
custody, services, and earnings of child — entitlement, 40-6-221
guardian of
incapacitated person, appointment, 72-5-302, 72-5-312
minor, testamentary appointment, 72-5-211
name change by minor, 27-31-101
property, future interest — posthumous children, 70-1-420, 70-1-422
support of child
provisions if marriage had been dissolved, 40-4-208
remedy for lack of provisions, 40-6-213
parties to action, 40-6-107
presumption of paternity, 40-6-105
venue, 40-6-109
Delinquent children, Title 41, chapters 5 and 6, See MINORS, Interstate Compact on
Juveniles; YOUTH COURT
Dependency or neglect of child — proceedings, presumption of paternity created when,
40-6-126
Dependent children, See CHILD ABUSE AND NEGLECT; See also CHILD SUPPORT
Desertion
child, by parent, See MINORS, Abandonment
“harm to a child’s health or welfare” defined, 41-3-102
parent, by child, 40-6-216
Destruction of property by child, parental liability for damages, 40-6-237
recovery, limitation on amount, 40-6-238
school property, 20-5-201
Developmentally disabled persons, Title 53, chapter 20, See DEVELOPMENTALLY
DISABLED PERSONS
Discrimination in housing prohibited when, 49-2-305
Dissolution of marriage or legal separation, Title 40, chapter 4, See CHILD CUSTODY;
CHILD SUPPORT; See also DISSOLUTION OF MARRIAGE
District court
jurisdiction, 40-5-236, 40-5-237, 40-6-109, 40-6-116, 40-6-135
notice of intent to claim paternity filed when, 40-6-126
petition of intent to release expected child filed when, 40-6-127
relinquishment of child, 40-6-135
Domestic violence, See ABUSE
Driver’s license for child, Title 61, chapter 5, See MOTOR VEHICLES AND TRAFFIC
REGULATIONS, Minors
Drug abuse, See CHEMICAL DEPENDENCY
Earnings of child, 40-6-221, 40-6-235, 40-6-236
Education of children, See also EDUCATION
criteria for determining amount of support, 40-4-202, 40-4-204, 40-5-226, 40-6-116,
40-6-118
exclusive control of children, action brought by parent — order or decree, 40-6-223
GENERAL INDEX 2402
PARENT AND CHILD (Continued)
Education of children (Continued)
expenses chargeable upon property, 40-2-106, 40-2-210
“harm to a child’s health or welfare” defined, 41-3-102
home schools, 20-5-102, 20-5-109, 20-5-111
“necessary articles” defined, 40-2-210
parental obligations generally, 40-6-211
enforcement, 40-6-233
paternity proceedings, criteria for support payments, 40-6-116, 40-6-118
property of child used for, when, 40-6-212
property settlement following dissolution of marriage, provisions for, 40-4-202
special, for children with disabilities, Title 20, chapter 7, part 4
Emergency medical care to child, notification, 41-1-402, 41-1-403
Emotionally disturbed children, advisory council membership requirement, 53-21-202
Endangering the welfare of children, 45-5-622
Estates and probate, 40-6-105, 40-6-107, 40-6-108, See ESTATES AND PROBATE, Child;
Minors; Parents; Unborn persons
Evidence
blood tests as, 40-5-234, 40-5-236, 40-5-237, 40-6-113, 40-6-115
general inclusions, 40-6-113
inadmissible, 40-6-115
witnesses, immunity from liability, 40-6-111
Ex parte petition and notice of intent to release expected child, 40-6-127
Family law mediation, Title 40, chapter 4, part 3
Family policy, 40-7-101, 40-7-102
Family services advisory councils, state and local — membership requirements, 52-1-202,
52-1-203
Family Support Act, Uniform Interstate, Title 40, chapter 5, part 1
Father’s identity
confidential when, 40-6-114
determination, 40-5-231 — 40-5-237, 40-6-125, 40-6-126, 40-6-128
putative father, 40-6-127, 40-6-129
termination of father’s rights, 40-6-129
Father’s liability for public assistance payments, limitation, 40-6-108
Father’s rights
expected child, rights respecting, 40-6-127
grounds for termination, 40-6-129
putative fathers, 40-6-127 — 40-6-130
termination, 40-6-125, 40-6-127, 40-6-128
Firearms, use by children under 14 unlawful and exception, 45-8-344
liability of parent or guardian, 45-8-345
Force, right to use — when, 49-1-103; Const., II, 12
Foster parent, notice of review hearing when, 41-3-1004, See also YOUTH COURT, Foster
care
Genetics program, voluntary statewide, 33-2-712, 33-2-713, 50-19-211
Guardian ad litem, See also GUARDIANS AND GUARDIANSHIP
appointment, 40-5-236, 40-6-110
recommendation, acceptance or refusal by, 40-6-114
“Harm to a child’s health or welfare” defined, 41-3-102
Health care information concerning child, disclosure — authorization requirement,
33-19-104, 50-16-542, 50-19-107
Hearing aid dispensers, recommendation for medical examination of child required,
37-16-303
Heirship, determination — relationship to, 40-6-105, 40-6-107, 40-6-108
Home schools, 20-5-102, 20-5-109, 20-5-111
HIV-related testing and counseling, 50-16-1003, 50-16-1007
Housing, discrimination prohibited when, 49-2-305
2403 GENERAL INDEX
PARENT AND CHILD (Continued)
Illegitimate children, See Legitimacy of children
Immunity to suit when, 40-5-175
Incest, 40-1-401, 45-1-205, 45-5-507
Indigent parents, support of
duty of child, 40-6-214, 40-6-301
enforcement, civil, 40-6-303
penalty for nonsupport, 40-6-302
Injury to child, suit for, 27-1-512, 27-2-205
Institutional care, per diem payments, Title 53, chapter 1, part 4
Insurance
disability, benefits, 33-22-604
life and disability, effectuation, 33-15-401
Interference
custodial, 45-5-304
with sentence or court order concerning child, 45-5-624
Interstate Family Support Act, Uniform, Title 40, chapter 5, part 1
Joined with other proceedings when, 40-6-109
Judgment or order, 40-6-116
child, temporary care, 40-6-125
custody, awarding of, 40-6-130
enforcement, 40-6-117
entered when, 40-6-114, 40-6-116
modification or revocation when, 40-6-116, 40-6-118
parental rights, termination, 40-6-129, 40-6-135
relinquishment of child, 40-6-135
review and modification, 40-6-116
Jurisdiction
district court, 40-5-236, 40-5-237, 40-6-109, 40-6-135
justice’s court, 3-10-301
personal, 40-5-231, 40-6-109
social and rehabilitation services, department of, 40-5-231
Juvenile court, Title 41, chapter 5, See YOUTH COURT
Legal relationship termination, Title 41, chapter 3, part 6, See CHILD ABUSE AND
NEGLECT, Parent-child legal relationship termination
Legitimacy of children, Title 40, chapter 6, See also Paternity proceedings
adoption of illegitimate children, 40-8-106
birth certificate upon proof of legitimation, 50-15-207
disclosure of information, 40-8-126, 50-15-206
dissolution of marriage, born after, 40-6-202
hearsay exceptions, Title 26, chapter 10, M.R.Ev., Rules 803, 804
invalid or prohibited marriages, 40-1-401, 40-1-402
marriage of parents subsequent to birth, 40-1-107, 40-6-203
presumption, 26-1-602, 40-6-201
Local Citizen Review Board
dispositional review hearing, request for, 41-3-1014
written notice of review to, 41-3-1004
Majority, age of — attainment, 40-6-218, 40-6-234
Marriage, Title 40, chapter 1, See MARRIAGE
between parent and child, unlawful, 40-1-401, 45-1-205,.45-5-507
minor child, parental consent required, 40-1-2038, 40-1-213
lack of, effect, 40-1-402
parent and child relationship, not dependent on, 40-6-103
parents
bigamists, child may petition for declaration of invalidity, 40-1-402
license, information regarding children required, 40-1-107
GENERAL INDEX 2404
PARENT AND CHILD (Continued)
Maternity expenses, father’s liability, 40-6-116
Mausoleums and columbariums
disposition of remains, right to control, 35-21-301
family plot, right of interment, 35-21-425, 35-21-426
removal of remains, consent, 35-21-305
Medal of Valor, Montana — awarding, 1-1-515
Mediation, Title 40, chapter 4, part 3
Medicaid, Title 53, chapter 6, See PUBLIC ASSISTANCE
Medical care for minor, Title 41, chapter 1, part 4, See MINORS, Medical care
Medical record information concerning child, disclosure — authorization requirement,
33-19-104, 50-16-542, 50-19-107
Mentally ill persons, Title 53, chapter 21, See MENTAL ILLNESS OR INCAPACITY
MIAMI Project Advisory Council, representation of parents’ organization, 2-15-2109
Minor parents
action for support, 40-5-159
child abuse, neglect, and dependency — petitions alleging, service and contents, 41-3-401
child of, relinquishment for adoption irrevocable, 40-8-105
consent for health services, 41-1-402
parent-child legal relationship termination, guardian ad litem appointed for, 41-3-607
Missing children information program, Title 44, chapter 2, part 5, See MISSING
PERSONS, Children
Mother and child relationship, determination, 40-6-121
Mother’s relinquishment of child, 40-6-125, 40-6-128, 40-6-130, 40-6-135, 40-8-109
Motor vehicles, Se MOTOR VEHICLES AND TRAFFIC REGULATIONS
child safety restraint systems, Title 61, chapter 9, part 4
driver’s license for child, Title 61, chapter 5
Name change, petition by parent, 27-31-101, 27-31-201
Necessaries, contracts for, 28-2-202, 28-2-204, 41-1-305
“necessary articles” defined, 40-2-210
parental liability, 40-6-215
payment for parent by adult child, 40-6-214
Nonsupport, 45-5-621
Occupational disease benefits, payment to parent, 39-71-742, 39-72-402
Offenses, See CRIMES, Family, offenses involving; Minors; Parent and child
Organ donation of deceased parent or child, 72-17-214, 72-17-215
Parental rights, termination, 40-6-135, 41-3-1010
Parent-Child Legal Relationship Termination Act of 1981, Title 41, chapter 3, part 6
Parent and child relationship, 40-6-102, 41-3-603, 72-2-124
adoption, defined, 40-8-103
compromise agreement, 40-6-114
established how, 40-5-235, 40-6-104, 40-8-125
immunity from disclosure of information based on, nonapplicability, 40-5-175
judgment conclusive when, 40-6-116
liability for support when, 40-6-215, 40-6-216
marital status, effect, 40-6-103
reciprocal duties, 40-6-214
termination, effect, 41-3-401, 41-3-611, See also CHILD ABUSE AND NEGLECT
“Parent” defined, 40-8-103, 41-5-103, 72-1-103
Parole of incarcerated persons, medical — request for, 46-23-210
Paternity proceedings
acknowledgment, 40-5-232, 40-5-235, 40-6-105, 40-6-114, 40-6-126, 40-6-128, 40-6-129,
50-15-210 .
adoption actions, 40-6-108, 40-6-109
appeal of orders when, 40-6-129
transcript for, 40-6-119
2405 GENERAL INDEX
PARENT AND CHILD (Continued)
Paternity proceedings (Continued)
artificial insemination, effect on, 40-6-106
blood tests, failure to appear — contempt, 40-5-226
commencement, 40-6-108
counsel, party’s right to, 40-6-119
criteria for support payments, 40-6-116, 40-6-118
establishing, 40-6-104
denial, 40-5-232, 40-5-233, 40-6-129
dismissal when, 40-6-114
evidence, relating to, 40-6-113
notice of intent to claim filed when, 40-6-126
parties, 40-5-236, 40-6-107, 40-6-108, 40-6-110, 40-6-115
presumption, 40-5-232, 40-5-234, 40-6-105, 40-6-122, 40-6-126
pretrial
proceedings, 40-6-111
recommendations, 40-6-114
prior agreements, effect, 40-6-107
records, confidentiality, 40-6-111, 40-6-120, 40-6-123
service of process, 40-6-107, 40-6-109; Title 25, chapter 20, M.R.Civ.P., Rule 4D
statute of limitation, 40-6-108
stay of, when, 40-6-107, 40-6-128
testimony
court may compel, 40-6-111, 40-6-115
relinquishment petition, verbatim record, 40-6-135
trial feasibility, determination, 40-6-114
venue, 40-5-231, 40-6-109
witnesses, immunity from criminal liability when, 40-6-111
Pawnbroker or junk dealer purchases from minor, written consent of parent, 7-21-4208,
45-5-623
Placement of children, interstate, Title 41, chapter 4, part 1, See MINORS, Interstate
Compact on the Placement of Children
Postsecondary educational institutions, indemnification, 20-30-305
Power of attorney, powers delegated by, 72-5-103
Pregnancy of child, See also MINORS, Medical care; PREGNANCY, Minors
abortion, notice to parents, 50-20-107
serological test results to parent, 50-19-107
Privacy of hearings, 40-6-111, 40-6-120
Privileged communications, consent for disclosure, 26-1-808, 26-1-809
Property destroyed by child, parental liability, 20-5-201, 40-6-237, 40-6-238
Property of child
conveyance, transfer certificate exemption, 15-7-307
future interest, posthumous children, 70-1-420, 70-1-422
parental control, 40-6-232
support, liability for, 40-6-212
wages, 40-6-221, 40-6-235, 40-6-236
Prostitution, promoting, 45-5-602, 45-5-603, 45-5-622
Protection, right to use force, 49-1-103; Const., II, 12
Public assistance, See PUBLIC ASSISTANCE
Putative fathers
custody awarded to, when, 40-6-130
grounds for termination of rights, 40-6-129
notices of intent or hearings, 40-6-128
rights respecting, 40-6-127
Reciprocal duties, 40-6-214
Releases to terminate rights, 40-6-127
GENERAL INDEX 2406
PARENT AND CHILD (Continued)
Residence of child
right of parent to determine, 40-6 -231
rules for determining, 1-1- 215
Rodeos and similar events, approval of consent for child’s voluntary participation, 27-1-733
Runaway children, return of, Title 41, chapter 6, See MINORS, Interstate Compact on
Juveniles
Rules of civil procedure, applicability
actions, 40-6-115
jurisdiction, personal, 40-6-109
notices, 40-6-127, 40-6-128
service of process, 40-6-109
Schools, See PRIVATE SCHOOLS; SCHOOL DISTRICTS AND TRUSTEES;
SCHOOLS; SCHOOL TRANSPORTATION
Seduction of child, suit for, 27-1-514
Sexual offenses, See CRIMES
Shoplifting by minor, liability, 27-1-718
State agencies
child placed in, when, 40-6-125, 40-6-130
petition filed by, 40-6-125
State employees, parental leave when, 2-18-606
Stepchildren
adoption of, 40-8-106, 40-8-109, 40-8-117, 40-8-122, 40-8-123, 40-9-102
aid to families with dependent children (AFDC), effect of stepparent’s resources, 53-4-237
incest, 45-1-205, 45-5-507
inheritance taxes, specific provision, 72-16-313
support by stepparent, 40-6-217, 53-4-237
Support of child, See CHILD SUPPORT
Support of parent, See Indigent parents, support of
Teachers, parental abuse, 20-4-303
Terminally ill persons, withholding or withdrawal of life-sustaining treatment — consent,
50-9-106
Termination of parental rights
fathers of children born out of wedlock, 40-6-125, 40-6-127, 40-6-128, 40-6-130
grounds for termination, 40-6-129
hearings respecting, 40-6-126, 40-6-128, 40-6-135
mothers, when, 40-6-125, 40-6-130, 40-6-135
parent-child legal relationship, Title 41, chapter 3, part 6
parents or guardians, when, 40-6-135
putative fathers, 40-6-127 — 40-6-130
Transfers to child, 72-26-502, 72-26-702, See TRUSTS, Minors, transfers to
Trust account or report, receipt by parent for child, 72-34-511
Tuberculosis, consent for treatment, 50-17-110
Uniformity of application, 40-6-130
Uniform Parentage Act, Title 40, chapter 6, part 1
University system students, residence requirements, 20-25-501, 20-25-5038, 20-25-504
Unknown parentage, child of 41-3-102, 50-15-203
Vicarious liability of parent, 16-6-305, 20-5-201, 40-6-237, 40-6-238, 45- 8-3 45
Visitation, provision for, 40-5-236, 40-6- 116
Voting program for youth, participation, 13-22-105
Wages of child, 40-6-221, 40-6-235, 40-6-236
Welfare, See CHILD ABUSE AND NEGLECT, ane welfare services; PUBLIC
ASSISTAN CE
Workers’ compensation
beneficiary, 39-71-116