Based on the court's finding of the newborn's best interest under 40-6-412, the court may issue an order:
(1) granting legal or physical custody, or both, of the newborn to the parent and either retaining or relinquishing jurisdiction; or
(2) denying custody of the newborn to the parent and referring the matter to the department or county attorney for proceedings under Title 41, chapter 3, and, if applicable, the Montana Indian Child Welfare Act provided for in Title 41, chapter 3, part 13.