42-10-106. Certification as hard to place. (1) Whenever the conditions of 42-10-103 are found to exist and the foster parents seek to adopt the child, the child shall be certified as hard to place.
     (2) In all other cases in which the conditions of 42-10-103 are found to exist and after reasonable efforts have been made and without the use of subsidy no appropriate adoptive family has been found for a child, the department shall certify the child as hard to place.
     (3) If the child is the dependent of a voluntary licensed child-placing agency, that agency shall present to the department evidence of inability to place the child for adoption due to any of the conditions specified in 42-10-103. The agency shall present evidence that reasonable efforts have been made to place the child without subsidy, such as recruitment of potential parents, use of adoption resource exchanges, and referral to appropriate specialized adoption agencies. Upon such a showing, the department shall certify the child as hard to place.

     History: En. 71-1810 by Sec. 5, Ch. 434, L. 1977; R.C.M. 1947, 71-1810(1) thru (3); Sec. 53-4-307, MCA 1989; redes. 52-2-506 by Code Commissioner, 1991; Sec. 52-2-506, MCA 1995; redes. 42-10-106 by Sec. 174, Ch. 480, L. 1997.