42-7-201. Definitions, MCA

Montana Code Annotated 2025

TITLE 42. ADOPTION

CHAPTER 7. FEES AND PROHIBITED ACTIVITIES RELATED TO ADOPTION

Part 2. Prohibited Acts -- Discrimination

Definitions

42-7-201. Definitions. As used in this part, the following definitions apply:

(1) "Adoption or foster care" or "adoption or foster care service" means social services provided to or on behalf of children, including:

(a) promoting foster parenting;

(b) providing foster homes, residential care, group homes, or temporary group shelters for children;

(c) recruiting foster parents;

(d) placing children in foster homes;

(e) licensing or certifying foster homes;

(f) promoting adoption or recruiting adoptive parents;

(g) assisting adoptions or supporting adoptive families;

(h) performing or assisting home studies;

(i) assisting kinship guardianships or kinship caregivers;

(j) providing family preservation services;

(k) providing family support services; and

(l) providing temporary family reunification services.

(2) "Discriminatory action" means an action taken by the state government to:

(a) alter in any way the tax treatment of, cause any tax, penalty, or payment to be assessed against, or deny, delay, revoke, or otherwise make unavailable an exemption from taxation to a person;

(b) disallow, deny, or otherwise make unavailable a deduction for state tax purposes of any charitable contribution made to or by a person;

(c) withhold, reduce, exclude, terminate, materially alter the terms or conditions of, or otherwise make unavailable or deny:

(i) any state grant, contract, subcontract, cooperative agreement, guarantee, loan, scholarship, or other similar benefit from or to a person;

(ii) any entitlement or benefit under a state benefit program from or to a person; or

(iii) any license, certification, accreditation, custody award or agreement, diploma, grade, recognition, or other similar benefit, position, or status from or to a person;

(d) impose, levy, or assess a monetary fine, fee, penalty, damages award, or injunction; or

(e) refuse to hire or promote, force to resign, fire, demote, sanction, discipline, adversely alter the terms or conditions of employment, or retaliate or take other adverse employment action against a person employed or commissioned by the state government.

(3) "Person" means:

(a) a natural person, acting in the person's individual capacity or in the person's capacity as a member, officer, owner, volunteer, employee, manager, religious leader, clergy, or minister of an entity described in this subsection (3);

(b) a religious organization;

(c) a sole proprietorship, partnership, trust, closely held corporation, or other closely held entity; or

(d) a cooperative, venture, or enterprise comprised of two or more individuals or entities described in this subsection (3) regardless of nonprofit or for-profit status.

(4) "Religious organization" means:

(a) a house of worship, including but not limited to churches, synagogues, shrines, mosques, and temples;

(b) a religious group, corporation, association, school or educational institution, ministry, order, society, or similar entity, regardless of whether it is integrated or affiliated with a church or other house of worship; or

(c) an officer, owner, employee, manager, religious leader, clergy, or minister of an entity or organization described in this subsection (4).

(5) "State benefit program" means a program administered, controlled, or funded by the state or by an agent on behalf of the state providing cash, payments, grants, contracts, loans, or in-kind assistance.

(6) "State government" means:

(a) the state or a political subdivision of the state;

(b) an agency of the state or of a political subdivision of the state, including a department, bureau, board, commission, council, or court;

(c) a city, county, urban-county government, charter county government, unified local government, consolidated local government, special district, or any combination of these;

(d) a person acting under color of state law; or

(e) a private person suing under or attempting to enforce a law, rule, or regulation adopted by the state or a political subdivision of the state.

History: En. Sec. 1, Ch. 336, L. 2025.