42-10-106. Certification as child with special needs. (1) Whenever the conditions of 42-10-103 are found to exist and the foster parents seek to adopt the child, the child must be certified as a child with special needs.
     (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 subsidy no appropriate adoptive family has been found for a child, the department shall certify the child as a child with special needs.
     (3) If the child is the dependent of a 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. Upon such a showing, the department shall certify the child as a child with special needs.

     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; amd. Sec. 3, Ch. 21, L. 1999.