§ 40-6-708

40-6-708. Construction. (1) Unless parental rights have been legally waived or legally terminated, parents have inalienable rights that are more comprehensive than those described in 40-6-701 or 40-6-703. The protections afforded by 40-6-701 and 40-6-703 are in addition to the protections provided under federal law, other state laws, the United States constitution, and the Montana constitution. (2) Sections 40-6-701 and 40-6-703 must be construed in favor of a broad protection of the fundamental right of parents to direct the upbringing, education, health care, and mental health of their child. (3) Nothing in 40-6-701 or 40-6-703 may be construed to authorize a governmental entity to burden the fundamental right of parents to direct the upbringing, education, health care, and mental health of their child. (4) If a child has no affirmative right of access to a particular medical or mental health procedure or service, then nothing in 40-6-701 or 40-6-703 may be construed to grant the child's parent an affirmative right of access to the procedure or service on the child's behalf. History: En. Sec. 2, Ch. 693, L. 2023.