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Montana · Through Montana Code Annotated 2025

40-6-403: Court jurisdiction -- hospital immunity.

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Where this section sits in the code
  1. TITLE 40. FAMILY LAW
  2. CHAPTER 6. PARENT AND CHILD
  3. Part 4. Montana Safe Haven Newborn Protection Act

(1) The court has jurisdiction over a newborn who is surrendered to an emergency services provider as provided in 40-6-405. The court may appoint a guardian ad litem to represent a newborn in proceedings under this part.

(2) Except as provided in 40-6-406, the reporting requirements of 41-3-201 do not apply regarding a newborn who is surrendered to an emergency services provider as provided in 40-6-405.

(3) A hospital and the agents and employees of the hospital are immune in a civil action for damages for an act or omission in accepting or transferring a newborn under this part, except for an act or omission constituting gross negligence or willful or wanton misconduct.

Collected 2026-09-14T04:54:59Z. Source file · JSON

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