(1) Except as provided in 41-3-1326, a parent who surrenders a newborn under 40-6-405 and who does not file a custody action under 40-6-411 is presumed to have knowingly waived the parent's parental rights to the newborn.
(2) If a custody action is not filed under 40-6-411 or if the parent is denied custody of the newborn under 40-6-413, the department shall file a petition under Title 41, chapter 3, part 4, or, if applicable, the Montana Indian Child Welfare Act provided for in Title 41, chapter 3, part 13, requesting appropriate relief with the goal of achieving permanent placement for the newborn at the earliest possible date.