Montana § 41-3-1326 - Consent

§ 41-3-1326. Consent

Consent. (1) At an involuntary foster care placement hearing, a stipulation or consent by the parent or Indian custodian is not valid unless the court certifies on the record that the terms and consequences of the stipulation or consent were fully explained in detail and were fully understood by the parent or Indian custodian. The court shall certify on the record that the parent or Indian custodian fully understood the explanation in English or that the explanation was translated into a language that the parent or Indian custodian understood. (2) In a voluntary proceeding for foster care placement or termination of parental rights, consent by a parent or Indian custodian is not valid unless the consent is: (a) executed in writing and recorded before a judge of a court of competent jurisdiction; and (b) accompanied by the judge's written certificate that: (i) the terms and consequences of the consent were fully explained in detail and were fully understood by the parent or Indian custodian; and (ii) the parent or Indian custodian fully understood the explanation in English or that the explanation was translated into a language that the parent or Indian custodian understood. (3) Voluntary consent for release of custody given prior to or within 10 days after the birth of an Indian child may not be considered valid. (4) An Indian child's parent or Indian custodian may withdraw consent to a voluntary foster care placement at any time. On withdrawal of consent, the Indian child must be returned to the parent or Indian custodian. (5) In a voluntary proceeding for termination of parental rights to or adoptive placement of an Indian child, the consent of the parent may be withdrawn for any reason at any time prior to the entry of an order terminating parental rights or a final decree of adoption, and the Indian child must be returned to the parent. (6) (a) After the entry of a final decree of adoption of an Indian child, the parent may withdraw consent to the adoption on the grounds that consent was obtained through fraud or duress. On a finding that consent was obtained through fraud or duress, the court shall vacate the decree and return the Indian child to the parent. (b) An adoption that has been effective for at least 2 years may not be invalidated under this section unless otherwise allowed by law.