Montana § 42-4-209 - Postplacement Department Or Agency Evaluation
Full text of Montana Montana Code Annotated § 42-4-209 — Postplacement Department Or Agency Evaluation, with citation guidance and answers to common questions.
§ 42-4-209. Postplacement Department Or Agency Evaluation
Postplacement department or agency evaluation. (1) The department or agency shall complete a written postplacement evaluation. The postplacement evaluation must be conducted according to the department's or agency's standards for placement of a child and at a minimum must include a personal interview with the prospective adoptive parent in that person's home and observation of the relationship between the child and the prospective adoptive parent. (2) Upon the filing of a petition for adoption by the prospective adoptive parent, the department or agency shall file the postplacement evaluation. (3) The evaluation must include the following information: (a) whether the child is legally free for adoption; (b) whether the proposed home is suitable for the child; (c) a statement that the medical and social histories of the birth parents and child have been provided to the prospective adoptive parent; (d) an assessment of adaptation by the prospective adoptive parent to parenting the child; (e) a statement that the 6-month postplacement evaluation period has been complied with or should be waived; (f) any other circumstances and conditions that may have a bearing on the adoption and of which the court should have knowledge; (g) whether the agency waives notice of the proceeding; (h) a statement that any applicable provision of law governing an interstate or intercountry placement of the child has been complied with; and (i) a statement of compliance with any applicable provisions of the federal Indian Child Welfare Act, 25 U.S.C. 1901, et seq., and the Montana Indian Child Welfare Act provided for in Title 41, chapter 3, part 13. (4) The evaluation must contain a definite recommendation stating the reasons for or against the proposed adoption.
Source: official Montana text · Last verified 2026-08-27
Frequently Asked Questions About Montana § 42-4-209
What does Montana Code Annotated § 42-4-209 cover?
Section 42-4-209 ("Postplacement Department Or Agency Evaluation") is part of the Montana Code Annotated, the codified statutory law of Montana. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Montana § 42-4-209?
A common citation format is "Montana Code Annotated § 42-4-209" (Montana). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Montana law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Montana official source linked on this page or consult a licensed Montana attorney.
How does Montana § 42-4-209 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Montana can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Montana.