Montana § 52-8-104 - Requirements For Licensure

Full text of Montana Montana Code Annotated § 52-8-104 — Requirements For Licensure, with citation guidance and answers to common questions.

§ 52-8-104. Requirements For Licensure

Requirements for licensure. The department may issue licenses to agencies meeting the following minimum requirements: (1) The chief function of the agency or a specific program within the agency must be the care and placement of children. (2) The agency operates on a nonprofit basis and is financially responsible in and for its operation. (3) The agency meets the requirements as designated by the department by rule. (4) The directing or managing personnel of the agency must be qualified both on the basis of professional educational experience and character. (5) The agency shall maintain complete records of the children and adoptive or foster parents with which the agency deals. Adoption records must be maintained in accordance with 42-6-101 . (6) The agency shall maintain and use an in-state office for making a social study of the child, particularly with regard to the physical and mental condition of the child and the child's family background. (7) The agency shall maintain and use an in-state office for conducting a preplacement evaluation for adoptive parents or a home study for foster parents, particularly with regard to the physical and mental health, emotional stability, and personal integrity of the adoptive or foster parents and their ability to promote the child's welfare. (8) The agency must have the ability to provide education for adoptive or foster parents and adoptive decision support services for placing parents as required in 42-2-409 and department rules. (9) The agency shall agree to cooperate with courts having jurisdiction in adoptive or foster care matters and with other public agencies having to deal with the welfare of children. (10) The agency shall, annually, submit a full, complete, and true financial statement to the department, and the statement must contain a full accounting of the operations of the agency during the preceding year.

Source: official Montana text · Last verified 2026-08-27

Frequently Asked Questions About Montana § 52-8-104

What does Montana Code Annotated § 52-8-104 cover?

Section 52-8-104 ("Requirements For Licensure") 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 § 52-8-104?

A common citation format is "Montana Code Annotated § 52-8-104" (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 § 52-8-104 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.