Mont. Code Ann. § 41-5-1206 — MT Code / Title 41 / Chapter 5 / Part 12 / Section 41-5-1206
41-5-1206 Investigation, fingerprints, and photographs
Status: in_force

41-5-1206 . Investigation, fingerprints, and photographs. (1) All law enforcement investigations relating to a delinquent youth or youth in need of intervention must be conducted in accordance with this chapter and Title 46.

(2) A youth may be fingerprinted or photographed for criminal identification purposes:

(a) if arrested for conduct alleged to be unlawful that would be a felony if committed by an adult;

(b) pursuant to a search warrant, supported by probable cause, issued by a judge, justice of the peace, or magistrate; or

(c) upon the order of the youth court judge, after a petition alleging delinquency has been filed.

(3) Fingerprint records and photographs may be used by the department of justice or any law enforcement agency in the judicial district for comparison and identification purposes in any other investigation.
Mont. Code Ann. § 41-5-102 — MT Code / Title 41 / Chapter 5 / Part 1 / Section 41-5-102
41-5-102 Declaration of purpose
Status: in_force

41-5-102 . Declaration of purpose. The Montana Youth Court Act must be interpreted and construed to effectuate the following express legislative purposes:

(1) to preserve the unity and welfare of the family whenever possible and to provide for the care, protection, and wholesome mental and physical development of a youth coming within the provisions of the Montana Youth Court Act;

(2) to prevent and reduce youth delinquency through a system that does not seek retribution but that provides:

(a) immediate, consistent, enforceable, and avoidable consequences of youths' actions;

(b) a program of supervision, care, rehabilitation, detention, competency development, and community protection for youth before they become adult offenders;

(c) in appropriate cases, restitution as ordered by the youth court; and

(d) that, whenever removal from the home is necessary, the youth is entitled to maintain ethnic, cultural, or religious heritage whenever appropriate;

(3) to achieve the purposes of subsections (1) and (2) in a family environment whenever possible, separating the youth from the parents only when necessary for the welfare of the youth or for the safety and protection of the community;

(4) to provide judicial procedures in which the parties are ensured a fair, accurate hearing and recognition and enforcement of their constitutional and statutory rights.
Mont. Code Ann. § 41-5-105 — MT Code / Title 41 / Chapter 5 / Part 1 / Section 41-5-105
41-5-105 Youth court committee
Status: in_force

41-5-105 . Youth court committee. In every county of the state, the judge having jurisdiction may appoint a committee, willing to act without compensation, composed of not less than three or more than seven reputable citizens, including youth representatives. The committee must be designated as a youth court committee. This committee shall meet subject to the call of the judge to confer with the judge on all matters pertaining to the youth department of the court, including the appointment of probation officers, and shall act as a supervisory committee of youth detention facilities.
Mont. Code Ann. § 41-3-437 — MT Code / Title 41 / Chapter 3 / Part 4 / Section 41-3-437
41-3-437 Adjudication -- temporary disposition -- findings -- order
Status: in_force

41-3-437 . Adjudication -- temporary disposition -- findings -- order. (1) Upon the filing of an appropriate petition, an adjudicatory hearing must be held within 90 days of a show cause hearing under 41-3-432 . Adjudication may take place at the show cause hearing if the requirements of subsection (2) are met or may be made by prior stipulation of the parties pursuant to 41-3-434 and order of the court. Exceptions to the time limit may be allowed only in cases involving newly discovered evidence, unavoidable delays, stipulation by the parties pursuant to 41-3-434 , and unforeseen personal emergencies.

(2) The court may make an adjudication on a petition under 41-3-422 if the court determines by a preponderance of the evidence, except as provided in the federal Indian Child Welfare Act or the Montana Indian Child Welfare Act provided for in Title 41, chapter 3, part 13, if applicable, that the child is a youth in need of care. Except as otherwise provided in this part, the Montana Rules of Civil Procedure and the Montana Rules of Evidence apply to adjudication and to an adjudicatory hearing. Adjudication must determine the nature of the abuse and neglect and establish facts that resulted in state intervention and upon which disposition, case work, court review, and possible termination are based.

(3) The court shall hear evidence regarding the residence of the child, paternity, if in question, the whereabouts of the parents, guardian, or nearest adult relative, and any other matters the court considers relevant in determining the status of the child. Hearsay evidence of statements made by the affected youth is admissible according to the Montana Rules of Evidence.

(4) The court shall hear offered evidence, including evidence offered by a person appearing pursuant to 41-3-422 (9)(a) or (9)(b), regarding any of the following subjects:

(a) the extent to which the child has been cared for, nurtured, or supported by a person other than the child's parents; and

(b) whether the child was placed or allowed to remain by the parents with another person for the care of the child, and, if so, then the court shall accept evidence regarding:

(i) the intent of the parents in placing the child or allowing the child to remain with that person;

(ii) the continuity of care the person has offered the child by providing permanency or stability in residence, schooling, and activities outside of the home; and

(iii) the circumstances under which the child was placed or allowed to remain with that other person, including:

(A) whether a parent requesting return of the child was previously prevented from doing so as a result of an order issued pursuant to Title 40, chapter 15, part 2, or of a conviction pursuant to 45-5-206 ; and

(B) whether the child was originally placed with the other person to allow the parent to seek employment or attend school.

(5) In all civil and criminal proceedings relating to abuse or neglect, the privileges related to the examination or treatment of the child do not apply, except the attorney-client privilege granted by 26-1-803 and the mediation privilege granted by 26-1-813 .

(6) (a) If the court determines that the child is not an abused or neglected child, the petition must be dismissed and any order made pursuant to 41-3-427 or 41-3-432 must be vacated.

(b) If the child is adjudicated a youth in need of care, the court shall set a date for a dispositional hearing to be conducted within 20 days, as provided in 41-3-438 (1), and order any necessary or required investigations. The court may issue a temporary dispositional order pending the dispositional hearing. The temporary dispositional order may provide for any of the forms of relief listed in 41-3-427 (2).

(7) (a) Before making an adjudication, the court may make oral findings, and following the adjudicatory hearing, the court shall make written findings on issues, including but not limited to the following:

(i) which allegations of the petition have been proved or admitted, if any;

(ii) whether there is a legal basis for continued court and department intervention; and

(iii) whether the department has made reasonable efforts to avoid protective placement of the child or to make it possible to safely return the child to the child's home.

(b) The court may order:

(i) terms for visitation, support, and other intrafamily communication pending disposition if the child is to be placed or to remain in temporary out-of-home care prior to disposition;

(ii) examinations, evaluations, or counseling of the child or parents in preparation for the disposition hearing that does not require an expenditure of money by the department unless the court finds after notice and a hearing that the expenditure is reasonable and that resources are available for payment. The department is the payor of last resort after all family, insurance, and other resources have been examined.

(iii) the department to evaluate the noncustodial parent or relatives as possible caretakers, if not already done;

(iv) the perpetrator of the alleged child abuse or neglect to be removed from the home to allow the child to remain in the home; and

(v) the department to continue efforts to notify noncustodial parents.

(8) If a proceeding under this chapter involves an Indian child and is subject to the federal Indian Child Welfare Act or the Montana Indian Child Welfare Act, a qualified expert witness is required to testify that the continued custody of the Indian child by the parent or Indian custodian is likely to result in serious emotional or physical damage to the Indian child.
Mont. Code Ann. § 41-3-120 — MT Code / Title 41 / Chapter 3 / Part 1 / Section 41-3-120
41-3-120 Liability insurance for foster parents
Status: in_force

41-3-120 . Liability insurance for foster parents. (1) The department shall provide for liability and property damage insurance for a foster parent providing foster care services to children placed by the department and for a foster parent providing therapeutic foster care services under the auspices of a licensed child-placing agency.

(2) The state shall pay the cost of the premium for each policy issued under subsection (1). The foster parent may be required, as provided by rule, to pay a reasonable deductible for personal injury or property damage.

(3) The department shall adopt rules for the provision of insurance coverage to foster parents as provided in this section, including rules on premium payment and any deductibles required.
Mont. Code Ann. § 41-5-345 — MT Code / Title 41 / Chapter 5 / Part 3 / Section 41-5-345
41-5-345 Limitation on placement of youth in need of intervention
Status: in_force

41-5-345 . Limitation on placement of youth in need of intervention. (1) After a probable cause hearing provided for in 41-5-332 , a youth alleged to be a youth in need of intervention may be placed only in shelter care, as provided in 41-5-347 .

(2) A youth alleged or found to be a youth in need of intervention may not be placed in a jail, secure detention facility, or correctional facility.
Mont. Code Ann. § 41-2-105 — MT Code / Title 41 / Chapter 2 / Part 1 / Section 41-2-105
41-2-105 Prohibited employment of minors under 14 years of age
Status: in_force

41-2-105 . Prohibited employment of minors under 14 years of age. Except as provided in 41-2-104 , a minor who is under 14 years of age may not be employed in or in connection with an occupation.
Mont. Code Ann. § 41-1-303 — MT Code / Title 41 / Chapter 1 / Part 3 / Section 41-1-303
41-1-303 Capacity of minors to borrow money for education
Status: in_force

41-1-303 . Capacity of minors to borrow money for education. A minor who contracts to borrow money to defray the expenses of attending any college or university or other institution of higher education beyond high school has full legal capacity to act on the minor's own behalf and has all the rights, powers, and privileges and is subject to the obligations of persons of full age with respect to those contracts.
Mont. Code Ann. § 41-3-209 — MT Code / Title 41 / Chapter 3 / Part 2 / Section 41-3-209
41-3-209 Reports to office of child and family ombudsman
Status: in_force

41-3-209 . Reports to office of child and family ombudsman. (1) The department shall report to the office of the child and family ombudsman

within 1 business day, a death of a child who, within the last 12 months:

(a) had been the subject of a report of abuse or neglect;

(b) had been the subject of an investigation of alleged abuse or neglect;

(c) was in out-of-home care at the time of the child's death; or

(d) had received services from the department under a written prevention plan;

(2) The department shall report to the office of the child and family ombudsman within 5 business days:

(a) any criminal act concerning the abuse or neglect of a child;

(b) any critical incident, including but not limited to elopement, a suicide attempt, rape, nonroutine hospitalizations, and neglect or abuse by a substitute care provider, involving a child who is receiving services from the department pursuant to this chapter; or

(c) a third report received within the last 12 months about a child at risk of or who is suspected of being abused or neglected.

(3) The department shall report to the ombudsman as required under 41-3-1212 on its response to findings, conclusions, and recommendations made in cases investigated by the ombudsman.
Mont. Code Ann. § 41-5-1607 — MT Code / Title 41 / Chapter 5 / Part 16 / Section 41-5-1607
41-5-1607 Proceedings -- rights
Status: in_force

41-5-1607 . Proceedings -- rights. A youth who is the subject of an extended jurisdiction juvenile prosecution has the right to a trial by jury and to the effective assistance of counsel, as provided in 41-5-1413 .
Mont. Code Ann. § 41-3-215 — MT Code / Title 41 / Chapter 3 / Part 2 / Section 41-3-215
41-3-215 Right of aggrieved party
Status: in_force

41-3-215 . Right of aggrieved party. (1) A person who is alleged to be a perpetrator of abuse or neglect in a report made under this part may file a complaint with the county attorney if the person believes the report was false or made with malicious intent. The county attorney shall investigate the complaint, including obtaining any recordings made of the reports.

(2) If the ombudsman suspects that a report was made with false or malicious intent and may be considered an offense under 45-7-203 , the ombudsman shall report the matter to the county attorney having jurisdiction of the matter.
Mont. Code Ann. § 41-3-611 — MT Code / Title 41 / Chapter 3 / Part 6 / Section 41-3-611
41-3-611 Effect of decree
Status: in_force

41-3-611 . Effect of decree. (1) An order for the termination of the parent-child legal relationship divests the child and the parents of all legal rights, powers, immunities, duties, and obligations with respect to each other as provided in Title 40, chapter 6, part 2, and Title 41, chapter 3, part 2, except the right of the child to inherit from the parent.

(2) An order or decree entered pursuant to this part may not disentitle a child to any benefit due the child from any third person, including but not limited to any Indian tribe, agency, state, or the United States.

(3) After the termination of a parent-child legal relationship, the former parent is neither entitled to any notice of proceedings for the adoption of the child nor has any right to object to the adoption or to participate in any permanent placement proceedings held pursuant to 41-3-445 .
Mont. Code Ann. § 41-5-201 — MT Code / Title 41 / Chapter 5 / Part 2 / Section 41-5-201
41-5-201 Youth court judge -- judges pro tempore -- special masters
Status: in_force

41-5-201 . Youth court judge -- judges pro tempore -- special masters. (1) Each judicial district in the state must have at least one judge of the youth court whose duties are to:

(a) appoint and supervise qualified personnel to staff the youth division probation departments within the judicial district;

(b) conduct hearings on youth court proceedings under this chapter;

(c) perform any other functions consistent with the legislative purpose of this chapter.

(2) In each multijudge judicial district the judges shall, by court rule, designate one or more of their number to act as youth court judge in each county in the judicial district for a fixed period of time. Service as youth court judge may be rotated among the different judges of the judicial district and among the individual counties within the judicial district for given periods of time. Continuity of service of a given judge as youth court judge and continuity in the operation and policies of the youth court in the county having the largest population in the judicial district must be the principal consideration of the rule.

(3) (a) A youth court judge may appoint a judge pro tempore or a special master to conduct preliminary, nondispositive matters, including but not limited to hearings for probable cause or detention and taking of responses for petitions.

(b) A judge pro tempore or special master must be a member of the state bar of Montana.
Mont. Code Ann. § 41-5-203 — MT Code / Title 41 / Chapter 5 / Part 2 / Section 41-5-203
41-5-203 Jurisdiction of court
Status: in_force

41-5-203 . Jurisdiction of court. (1) Except as provided in subsection (2) and for cases filed in the district court under 41-5-206 , the court has exclusive original jurisdiction of all proceedings under the Montana Youth Court Act in which a youth is alleged to be a delinquent youth or a youth in need of intervention or concerning any person under 21 years of age charged with having violated any law of the state or any ordinance of a city or town other than a traffic or fish and game law prior to having become 18 years of age.

(2) Justices', municipal, and city courts have concurrent jurisdiction with the youth court over all alcoholic beverage, tobacco products, and gambling violations alleged to have been committed by a youth.

(3) The court has jurisdiction to:

(a) transfer a youth court case to the district court after notice and hearing;

(b) with respect to extended jurisdiction juvenile cases:

(i) designate a proceeding as an extended jurisdiction juvenile prosecution;

(ii) conduct a hearing, receive admissions, and impose upon a youth who is adjudicated as an extended jurisdiction juvenile a sentence that may extend beyond the youth's age of majority;

(iii) stay that portion of an extended jurisdiction sentence that is extended beyond a youth's majority, subject to the performance of the juvenile portion of the sentence;

(iv) continue, modify, or revoke the stay after notice and hearing;

(v) after revocation, transfer execution of the stayed sentence to the department;

(vi) transfer supervision of any juvenile sentence if, after notice and hearing, the court determines by a preponderance of the evidence that the juvenile has violated or failed to perform the juvenile portion of an extended jurisdiction sentence; and

(vii) transfer a juvenile case to district court after notice and hearing; and

(c) impose criminal sanctions on a juvenile as authorized by the Extended Jurisdiction Prosecution Act, Title 41, chapter 5, part 16.
Mont. Code Ann. § 41-5-331 — MT Code / Title 41 / Chapter 5 / Part 3 / Section 41-5-331
41-5-331 Rights of youth taken into custody -- questioning -- waiver of rights
Status: in_force

41-5-331 . Rights of youth taken into custody -- questioning -- waiver of rights. (1) When a youth is taken into custody for questioning upon a matter that could result in a petition alleging that the youth is either a delinquent youth or a youth in need of intervention, the following requirements must be met:

(a) The youth must be advised of the youth's right against self-incrimination and the youth's right to counsel.

(b) The investigating officer, juvenile probation officer, or person assigned to give notice shall immediately notify the parents, guardian, or legal custodian of the youth that the youth has been taken into custody, the reasons for taking the youth into custody, and where the youth is being held. If the parents, guardian, or legal custodian cannot be found through diligent efforts, a close relative or friend chosen by the youth must be notified.

(2) A youth may waive the rights listed in subsection (1) under the following situations:

(a) when the youth is 16 years of age or older, the youth may make an effective waiver subject to the provisions of 41-5-333 (2);

(b) when the youth is under 16 years of age and the youth and the youth's parent or guardian agree, they may make an effective waiver subject to the provisions of 41-5-333 (2); or

(c) when the youth is under 16 years of age and the youth and the youth's parent or guardian do not agree, the youth may make an effective waiver only with advice of counsel.
Mont. Code Ann. § 41-3-123 — MT Code / Title 41 / Chapter 3 / Part 1 / Section 41-3-123
41-3-123 Terminated
Status: in_force

41-3-123 . Terminated. Sec. 12, Ch. 235, L. 2017.
Mont. Code Ann. § 41-3-203 — MT Code / Title 41 / Chapter 3 / Part 2 / Section 41-3-203
41-3-203 Liability -- immunity from liability -- damages
Status: in_force

41-3-203 . Liability -- immunity from liability -- damages. (1) Except as provided in subsection (2), anyone investigating or reporting any incident of child abuse or neglect under 41-3-201 or 41-3-202 , participating in resulting judicial proceedings, or furnishing hospital or medical records as required by 41-3-202 is immune from any liability, civil or criminal, that might otherwise be incurred or imposed unless the person was grossly negligent or acted in bad faith or with malicious purpose or provided information knowing the information to be false.

(2) Any person who knowingly makes a false report or allegation of child abuse, abandonment, or neglect or makes a report in bad faith is liable to the party or parties against whom the report was made for the amount of actual damages sustained or for statutory damages of $2,500, whichever is greater, plus attorney fees and costs. If the person acted with malicious purpose, the court may award treble actual damages or treble statutory damages, whichever is greater.

(3) A person who provides information pursuant to 41-3-201 or a person who uses information received pursuant to 41-3-205 to refuse to hire or to discharge a prospective or current employee, volunteer, or other person who through employment or volunteer activities may have unsupervised contact with children and who may pose a risk to children is immune from civil liability unless the person acted in bad faith or with malicious purpose.
Mont. Code Ann. § 41-5-1402 — MT Code / Title 41 / Chapter 5 / Part 14 / Section 41-5-1402
41-5-1402 Petition -- form and content
Status: in_force

41-5-1402 . Petition -- form and content. (1) A petition initiating proceedings under this chapter must be signed by the county attorney, must be entitled "In the Matter of...., a youth", and must set forth with specificity:

(a) the facts necessary to invoke the jurisdiction of the court, together with a statement alleging the youth to be a delinquent youth or a youth in need of intervention;

(b) the charge of an offense, that must:

(i) state the name of the offense;

(ii) cite in customary form the statute, rule, or other provisions of law that the youth is alleged to have violated;

(iii) state the facts constituting the offense in ordinary and concise language and in a manner that enables a person of common understanding to know what is intended; and

(iv) state the time and place of the offense as definitely as possible;

(c) the name, birth date, and residence address of the youth;

(d) the names and residence addresses of the parents, guardian, or spouse of the youth and, if the parents, guardian, or spouse do not reside or cannot be found within the state or if there is none, the adult relative residing nearest to the court;

(e) whether the youth is in detention, a youth assessment center, or shelter care and, if so, the place of detention, assessment, or shelter care and the time that the youth was detained or sheltered;

(f) if any of the matters required to be set forth by this section are not known, a statement of those matters and the fact that they are not known; and

(g) a list of witnesses to be used in proving the commission of the offense or offenses charged in the petition, together with their residence addresses. The names and addresses of any witnesses discovered after the filing of the petition must be furnished to the youth upon request.

(2) When a county attorney files a delinquency petition alleging that a youth committed an offense that would be a felony if committed by an adult and that is transferable under 41-5-206 or in which a youth 12 years of age or older allegedly used a firearm, the county attorney shall indicate in the petition whether the county attorney designates the proceeding an extended jurisdiction juvenile prosecution. When the county attorney files a delinquency petition alleging that a youth committed any other offense that would be a felony if committed by an adult, the county attorney may request that the court designate the proceeding an extended jurisdiction juvenile prosecution.
Mont. Code Ann. § 41-3-1209 — MT Code / Title 41 / Chapter 3 / Part 12 / Section 41-3-1209
41-3-1209 Purpose and intent
Status: in_force

41-3-1209 . Purpose and intent. The legislature finds that an independent, impartial, and confidential ombudsman serves:

(1) to protect the interests and rights of Montana's children and families; and

(2) to strengthen child and family services by working in consultation with the department and with appropriate county attorneys in cases under review.
Mont. Code Ann. § 41-3-1201 — MT Code / Title 41 / Chapter 3 / Part 12 / Section 41-3-1201
41-3-1201 Terminated
Status: in_force

41-3-1201 . Terminated. Sec. 12, Ch. 333, L. 2013.
Mont. Code Ann. § 41-5-1203 — MT Code / Title 41 / Chapter 5 / Part 12 / Section 41-5-1203
41-5-1203 Preliminary inquiry -- youth assessment
Status: in_force

41-5-1203 . Preliminary inquiry -- youth assessment. (1) The juvenile probation officer or assessment officer may perform a youth assessment if:

(a) a youth has been referred to the youth court as an alleged youth in need of intervention with a minimum of two misdemeanor offenses or three offenses in the past year that would not be offenses if the youth were an adult;

(b) the youth is alleged to be a youth in need of intervention or a delinquent youth and the youth or the youth's parents or guardian requests the youth assessment and both the youth and the parents or guardian are willing to cooperate with the assessment process; or

(c) the circumstances surrounding a youth who has committed an act that would be a felony if committed by an adult indicate the need for a youth assessment and the safety of the community has been considered in determining where the youth assessment is conducted.

(2) A youth assessment:

(a) must be a multidisciplinary effort that may include, but is not limited to a chemical dependency evaluation of the youth, an educational assessment of the youth, an evaluation to determine if the youth has mental health needs, or an assessment of the need for any family-based services or other services provided by the department of public health and human services or other state and local agencies. The education component of the youth assessment is intended to address attendance, behavior, and performance issues of the youth. The education component is not intended to interfere with the right to attend a nonpublic or home school that complies with 20-5-109 .

(b) must include a summary of the family's strengths and needs as they relate to addressing the youth's behavior;

(c) may occur in a youth's home, with or without electronic monitoring, or pursuant to 41-5-343 in a youth assessment center licensed by the department of public health and human services or in any other entity licensed by the department of public health and human services. The county shall provide adequate security in other licensed entities through provision of additional staff or electronic monitoring. The staff provided by the county must meet licensing requirements applicable to the licensed entity in which the youth is being held.

(3) The assessment officer arranging the youth assessment shall work with the parent or guardian of the youth to coordinate the performance of the various parts of the assessment with any providers that may already be working with the family or providers that are chosen by the family to the extent possible to meet the goals of the Youth Court Act.
Mont. Code Ann. § 41-5-323 — MT Code / Title 41 / Chapter 5 / Part 3 / Section 41-5-323
41-5-323 Bail
Status: in_force

41-5-323 . Bail. A youth placed in detention or shelter care may be released on bail. The court shall use the provisions of Title 46, chapter 9, as guidance. In determining the amount of bail, the court shall consider the financial ability of the youth and the parents or legal custodian of the youth.
Mont. Code Ann. § 41-3-1213 — MT Code / Title 41 / Chapter 3 / Part 12 / Section 41-3-1213
41-3-1213 Privilege
Status: in_force

41-3-1213 . Privilege. The ombudsman may not be compelled to testify or produce evidence in any judicial or administrative proceeding with respect to any matter involving the exercise of the ombudsman's official duties, except as necessary to enforce the provisions of this part.
Mont. Code Ann. § 41-3-425 — MT Code / Title 41 / Chapter 3 / Part 4 / Section 41-3-425
41-3-425 Right to counsel
Status: in_force

41-3-425 . Right to counsel. (1) Any party involved in a petition filed pursuant to 41-3-422 has the right to counsel in all proceedings held pursuant to the petition.

(2) Except as provided in subsection (3), the court shall immediately appoint the office of state public defender to assign counsel for:

(a) any indigent parent, guardian, or other person having legal custody of a child or youth in a removal, placement, or termination proceeding pursuant to 41-3-422 , pending a determination of eligibility pursuant to 47-1-111 ;

(b) any child or youth involved in a proceeding under a petition filed pursuant to 41-3-422 ;

(c) any party entitled to counsel at public expense under the federal Indian Child Welfare Act or the Montana Indian Child Welfare Act provided for in Title 41, chapter 3, part 13; and

(d) any child petitioning for reinstatement of parental rights pursuant to 41-3-615 .

(3) Except as provided in the federal Indian Child Welfare Act or the Montana Indian Child Welfare Act, a court may not appoint a public defender to a putative father, as defined in 42-2-201 , of a child or youth in a removal, placement, or termination proceeding pursuant to 41-3-422 until:

(a) the putative father is successfully served notice of a petition filed pursuant to 41-3-422 ; and

(b) the putative father makes a request to the court in writing to appoint the office of state public defender to assign counsel.
Mont. Code Ann. § 41-1-407 — MT Code / Title 41 / Chapter 1 / Part 4 / Section 41-1-407
41-1-407 Immunity and responsibility of physician or health care facility
Status: in_force

41-1-407 . Immunity and responsibility of physician or health care facility. (1) A physician, surgeon, dentist, or health or mental health care facility may not be compelled against the entity's best judgment to treat a minor on the minor's own consent.

(2) This section may not be construed to relieve any physician, surgeon, dentist, or health or mental health care facility from liability for negligence in the diagnosis and treatment rendered a minor.
Mont. Code Ann. § 41-5-1908 — MT Code / Title 41 / Chapter 5 / Part 19 / Section 41-5-1908
41-5-1908 Rulemaking authority
Status: in_force

41-5-1908 . Rulemaking authority. The board may adopt rules necessary to implement the provisions of 41-5-1805 and 41-5-1901 through 41-5-1908 and to establish requirements for approved holdovers consistent with the definition of holdover provided in 41-5-103 .
Mont. Code Ann. § 41-3-1301 — MT Code / Title 41 / Chapter 3 / Part 13 / Section 41-3-1301
41-3-1301 Short title
Status: in_force

41-3-1301 . Short title. This part may be cited as the "Montana Indian Child Welfare Act".
Mont. Code Ann. § 41-5-1405 — MT Code / Title 41 / Chapter 5 / Part 14 / Section 41-5-1405
41-5-1405 Disqualification of judges
Status: in_force

41-5-1405 . Disqualification of judges. The statutes of the state of Montana relating to disqualification of judges in criminal proceedings shall apply to all proceedings under this chapter.
Mont. Code Ann. § 41-3-613 — MT Code / Title 41 / Chapter 3 / Part 6 / Section 41-3-613
41-3-613 Relinquishment of parental rights -- open adoption
Status: in_force

41-3-613 . Relinquishment of parental rights -- open adoption. (1) (a) At any time after a child has been removed from the custody of a parent, the parent may relinquish parental rights. Prior to a parent's relinquishment of parental rights, the parent may enter into an agreement with the preadoptive parent or parents to allow for an open adoption in which the parent may maintain contact with the child.

(b) Following the relinquishment of parental rights pursuant to subsection (1)(a), the parent-child legal relationship is terminated.

(2) The agreement may be suspended or terminated if:

(a) in the case of a child who has been subsequently adopted, the adoptive parent or parents determine that continued contact with the parent is no longer in the child's best interest; or

(b) the child is 12 years of age or older and the child no longer consents to have continued contact with the parent.
Mont. Code Ann. § 41-5-1205 — MT Code / Title 41 / Chapter 5 / Part 12 / Section 41-5-1205
41-5-1205 Preliminary inquiry -- dispositions available to juvenile probation officer
Status: in_force

41-5-1205 . Preliminary inquiry -- dispositions available to juvenile probation officer. Upon determining that further action is required after a preliminary inquiry under 41-5-1201 , the juvenile probation officer or assessment officer may:

(1) arrange informal disposition as provided in 41-5-1301 ; or

(2) refer the matter to the county attorney for filing a petition in youth court charging the youth to be a delinquent youth or a youth in need of intervention or for filing an information in the district court as provided in 41-5-206 .
Mont. Code Ann. § 41-3-1311 — MT Code / Title 41 / Chapter 3 / Part 13 / Section 41-3-1311
41-3-1311 Notice
Status: in_force

41-3-1311 . Notice. (1) The petitioning party shall provide notice of the initial petition filed in an involuntary child custody proceeding and a petition seeking termination of parental rights when the petitioning party knows or has reason to know that the child is or may be an Indian child. Notice must be provided as required in subsection (2) to:

(a) the Indian child's parent or Indian custodian; and

(b) the child's tribe or tribes.

(2) (a) Notice to the tribe must be made by certified mail, return receipt requested, and must meet the requirements of subsection (4). The notice must be sent to the person designated in the most current Federal Register as the designated tribal agent for service of notice for the purposes of the federal Indian Child Welfare Act. The petitioning party shall file the return receipt with the court as proof of notice.

(b) Notice to the parent or Indian custodian must be made by personal service, or alternative means as provided in 41-3-422 if personal service cannot be accomplished, and must meet the requirements of subsection (4).

(c) If the identity or location of the parent or Indian custodian and the tribe cannot be determined, the notice must be given to the secretary of the U.S. department of the interior by certified mail, return receipt requested, in accordance with the provisions of 25 CFR, part 23.

(d) Service of all other petitions, other than the initial petition and a petition for termination of parental rights, must be served on the tribe by first-class mail unless otherwise directed by the tribe's designated agent for notice.

(e) When notice of the initial petition and a petition for termination of parental rights to the parent or Indian custodian is required under this subsection (2), personal service, and alternative means of personal service when personal service cannot be accomplished, as provided in 41-3-422 , takes the place of certified mail with return receipt requested.

(3) A foster care placement or a termination of parental rights proceeding may not be held until at least 10 days after receipt of the notice by the parent or Indian custodian, the tribe, and, if applicable, the secretary. The parent, Indian custodian, or tribe shall, on request, be granted up to 20 additional days to prepare for the proceeding. The 10-day notice requirement does not limit a court's ability to hold an emergency protective services hearing pursuant to 41-3-306 .

(4) Notice provided under this section must be in clear and understandable language and include the following:

(a) the child's name, date of birth, and place of birth;

(b) all known names of the child's parents, including maiden, married, and former names or aliases;

(c) the parents' dates of birth, places of birth, and tribal enrollment numbers, if known;

(d) the names, dates of birth, places of birth, and tribal enrollment information of other direct lineal ancestors of the child, if known;

(e) the name of each Indian tribe in which the child is a member or may be eligible for membership if a biological parent is a member; and

(f) a copy of the petition, complaint, or other document by which the child custody proceeding was initiated and, if a hearing has been scheduled, information on the date, time, and location of the hearing.
Mont. Code Ann. § 41-2-102 — MT Code / Title 41 / Chapter 2 / Part 1 / Section 41-2-102
41-2-102 Short title
Status: in_force

41-2-102 . Short title. This part may be cited as the "Child Labor Standards Act".
Mont. Code Ann. § 41-3-1204 — MT Code / Title 41 / Chapter 3 / Part 12 / Section 41-3-1204
41-3-1204 Terminated
Status: in_force

41-3-1204 . Terminated. Sec. 12, Ch. 333, L. 2013.
Mont. Code Ann. § 41-3-1007 — MT Code / Title 41 / Chapter 3 / Part 10 / Section 41-3-1007
41-3-1007 Confidentiality of information -- penalty
Status: in_force

41-3-1007 . Confidentiality of information -- penalty. (1) Before beginning to serve on a board, each member shall swear or affirm to the court that the member will keep confidential the information reviewed by the board and its actions and recommendations in individual cases.

(2) A member of a board who violates the duty imposed by subsection (1) is guilty of a misdemeanor punishable by a fine not to exceed $1,000.
Mont. Code Ann. § 41-5-1204 — MT Code / Title 41 / Chapter 5 / Part 12 / Section 41-5-1204
41-5-1204 Preliminary inquiry -- determinations -- release
Status: in_force

41-5-1204 . Preliminary inquiry -- determinations -- release. Once relevant information is secured after a preliminary inquiry under 41-5-1201 , the juvenile probation officer or assessment officer shall:

(1) determine whether the interest of the public or the youth requires that further action be taken;

(2) terminate the inquiry upon the determination that no further action be taken; and

(3) release the youth immediately upon the determination that the filing of a petition is not authorized.
Mont. Code Ann. § 41-1-502 — MT Code / Title 41 / Chapter 1 / Part 5 / Section 41-1-502
41-1-502 Hearing and notice
Status: in_force

41-1-502 . Hearing and notice. (1) At least 10 days before the petition for limited emancipation is heard, notice that the court determines is reasonable must be given to the youth's parent, guardian, or other person identified in 41-1-501 (2)(b). Service must be waived if proof is made to the court that the address of the parents or legal guardian is unavailable or unascertainable.

(2) The notice must include the date and place of hearing and a form on which the youth's parents, legal guardian, or other person entitled to the custody of the youth may give the person's written consent to the limited emancipation.
Mont. Code Ann. § 41-3-1208 — MT Code / Title 41 / Chapter 3 / Part 12 / Section 41-3-1208
41-3-1208 Office of child and family ombudsman established
Status: in_force

41-3-1208 . Office of child and family ombudsman established. (1) There is an office of the child and family ombudsman within the department of justice provided for in 2-15-2001 .

(2) The attorney general shall appoint a person who is a resident of this state and is qualified by training and experience to perform the duties of the ombudsman.
Mont. Code Ann. § 41-5-101 — MT Code / Title 41 / Chapter 5 / Part 1 / Section 41-5-101
41-5-101 Short title
Status: in_force

41-5-101 . Short title. This chapter may be cited as the "Montana Youth Court Act".
Mont. Code Ann. § 41-5-204 — MT Code / Title 41 / Chapter 5 / Part 2 / Section 41-5-204
41-5-204 Venue and transfer
Status: in_force

41-5-204 . Venue and transfer. (1) The county where a youth is a resident or is alleged to have violated the law has initial jurisdiction over any youth alleged to be a delinquent youth. Except as provided in 41-5-206 , the youth court shall assume the initial handling of the case.

(2) The county where a youth is a resident has initial jurisdiction over any youth alleged to be a youth in need of intervention. The youth court of that county shall assume the initial handling of the case. Transfers of venue may be made to any of the following counties in the state:

(a) the county in which the youth is apprehended or found;

(b) the county in which the youth is alleged to have violated the law; or

(c) the county of residence of the youth's parents or guardian.

(3) In the case of a youth alleged to be a youth in need of intervention, a change of venue may be ordered at any time by the concurrence of the youth court judges of both counties in order to ensure a fair, impartial, and speedy hearing and final disposition of the case.

(4) In the case of a youth 16 years of age or older who is accused of one of the serious offenses listed in 41-5-206 and who is to be tried in district court, the charge must be filed and trial held in the district court of the county where the offense occurred.
Mont. Code Ann. § 41-1-202 — MT Code / Title 41 / Chapter 1 / Part 2 / Section 41-1-202
41-1-202 Enforcement of minor's rights
Status: in_force

41-1-202 . Enforcement of minor's rights. A minor may enforce the minor's rights by civil action or other legal proceedings in the same manner as a person of full age, except that a guardian shall conduct the action or proceedings.
Mont. Code Ann. § 41-5-1707 — MT Code / Title 41 / Chapter 5 / Part 17 / Section 41-5-1707
41-5-1707 Assessment officers -- duties -- access to records
Status: in_force

41-5-1707 . Assessment officers -- duties -- access to records. (1) An assessment officer employed by the state judicial branch shall perform the duties set out in 41-5-1201 and 41-5-1302 .

(2) Proceedings under 41-5-1201 and 41-5-1302 that are held prior to adjudication satisfy the requirements of 20 U.S.C. 1232g(b)(1)(E)(ii)(I) of the Family Educational Rights and Privacy Act of 1974. Montana school districts may release education records to assessment officers. The assessment officer is responsible for ensuring that officials and authorities to whom that information is disclosed certify in writing to the school district that is releasing the education records that the education records or information from the education records will not be disclosed to any other party without the prior written consent of the parent of the student.
Mont. Code Ann. § 41-3-430 — MT Code / Title 41 / Chapter 3 / Part 4 / Section 41-3-430
41-3-430 Putative fathers -- service by publication -- continuation of proceedings
Status: in_force

41-3-430 . Putative fathers -- service by publication -- continuation of proceedings. (1) Reasonable efforts must be made to resolve issues of paternity, if any, as early as possible in proceedings under this chapter. The department shall make every reasonable effort to obtain service of process of a petition on a putative father, as defined in 42-2-201 .

(2) If a putative father cannot be served personally, the putative father may be served by publication as provided in 41-3-428 and 41-3-429 .

(3) Regardless of the provisions of subsections (1) and (2), if a putative father cannot be identified or found prior to the initial hearings allowed by part 4, the court may grant the following relief, pending service by publication on the putative father and based upon service of process on only the parent, guardian, or other person having legal custody of the child:

(a) immediate protection;

(b) temporary investigative authority; and

(c) temporary legal custody.

(4) Throughout the proceedings, the court, in its discretion, may order the department to continue to attempt to identify, locate, and serve a putative father.

(5) A court may order termination of the parental rights of a putative father under this chapter based on service by publication if the provisions of 41-3-428 and 41-3-429 have been met.
Mont. Code Ann. § 41-5-1401 — MT Code / Title 41 / Chapter 5 / Part 14 / Section 41-5-1401
41-5-1401 Petition -- county attorney -- procedure -- release from custody
Status: in_force

41-5-1401 . Petition -- county attorney -- procedure -- release from custody. (1) The county attorney may apply to the youth court for permission to file a petition charging a youth to be a delinquent youth or a youth in need of intervention. The application must be supported by evidence that the youth court may require. If it appears that there is probable cause to believe that the allegations of the petition are true, the youth court shall grant leave to file the petition.

(2) A petition charging a youth who is held in detention or a youth assessment center must be filed within 7 working days from the date the youth was first taken into custody or the petition must be dismissed and the youth released unless good cause is shown to further detain the youth.

(3) If a petition is not filed under this section, the complainant and victim, if any, must be informed by the juvenile probation officer or assessment officer of the action and the reasons for not filing and must be advised of the right to submit the matter to the county attorney for review. The county attorney, upon receiving a request for review, shall consider the facts, consult with the juvenile probation officer or assessment officer, and make the final decision as to whether a petition is filed.
Mont. Code Ann. § 41-3-1327 — MT Code / Title 41 / Chapter 3 / Part 13 / Section 41-3-1327
41-3-1327 Improper removal of Indian child
Status: in_force

41-3-1327 . Improper removal of Indian child. If a petitioner in a child custody proceeding under this part has improperly removed an Indian child from the custody of the parent or Indian custodian or has improperly retained custody after a visit or other temporary relinquishment of custody, the court shall decline jurisdiction over the petition and shall immediately return the Indian child to the parent or Indian custodian unless returning the Indian child to the parent or Indian custodian would subject the Indian child to substantial and immediate danger or threat of substantial or immediate danger.
Mont. Code Ann. § 41-3-128 — MT Code / Title 41 / Chapter 3 / Part 1 / Section 41-3-128
41-3-128 Certificate requirements -- supervision -- fees
Status: in_force

41-3-128 . Certificate requirements -- supervision -- fees. (1) An applicant for certification as a child protection investigator or a child reunification specialist shall:

(a) successfully complete a course in child protection, as defined by the department by rule, which must include training in:

(i) ethics;

(ii) governing statutory and regulatory framework;

(iii) role of law enforcement;

(iv) crisis intervention techniques;

(v) childhood trauma research, including research on the trauma a child experiences when removed from the home;

(vi) evidence-based practices for family preservation and strengthening;

(vii) evidence-based interventions and services to support family reunification; and

(viii) the provisions of the federal Indian Child Welfare Act, 25 U.S.C. 1902, et seq., and the Montana Indian Child Welfare Act provided for in Title 41, chapter 3, part 13; and

(b) demonstrate the applicant's ability to perform all essential functions of the certified child protection investigator role or the certified child reunification specialist role by earning a passing score on a competency examination developed pursuant to 41-3-130 .

(2) As a prerequisite to the issuance of a certificate, the department shall require the applicant to submit fingerprints for the purpose of fingerprint background checks by the Montana department of justice and the federal bureau of investigation as provided in 37-1-307 .

(3) An applicant who has a history of criminal convictions has the opportunity to demonstrate to the department that the applicant is sufficiently rehabilitated to warrant the public trust. The department may deny the certificate if it determines that the applicant is not sufficiently rehabilitated.
Mont. Code Ann. § 41-5-220 — MT Code / Title 41 / Chapter 5 / Part 2 / Section 41-5-220
41-5-220 Electronic records -- formal policies and administrative rules required
Status: in_force

41-5-220 . Electronic records -- formal policies and administrative rules required. (1) (a) The department and the youth court are required to adopt appropriate control methods to ensure adequate integrity, security, and confidentiality of any electronic records of a youth generated or maintained in any management information system.

(b) The office of the court administrator shall adopt formal policies, and the department shall adopt administrative rules to institute the requirements in subsection (1)(a).

(2) For the purposes of this part, any references to "sealing", "physically sealed", and "destroyed" must be interpreted to have the same meaning when applied to electronic records and must be applied to have the same force and effect. A sealed record must be made unavailable for access by any person unless upon court order as provided in 41-5-216 . A destroyed record must be rendered inaccessible and unrecoverable and disposed of in a manner in which confidentiality is protected, which may include disassociating the offense and disposition information from the name of the youth.
Mont. Code Ann. § 41-3-1006 — MT Code / Title 41 / Chapter 3 / Part 10 / Section 41-3-1006
41-3-1006 Terms -- officers
Status: in_force

41-3-1006 . Terms -- officers. (1) A board member shall serve at the pleasure of the appointing authority. However, if not otherwise released from service on a board, the following provisions apply:

(a) A member shall serve a term of 2 years, except that if a vacancy occurs, a successor must be appointed to serve the unexpired term.

(b) A member may be reappointed and continue to serve until a successor is appointed.

(2) A board shall elect annually from its membership a presiding officer and vice presiding officer to serve in the absence of the presiding officer.
Mont. Code Ann. § 41-1-103 — MT Code / Title 41 / Chapter 1 / Part 1 / Section 41-1-103
41-1-103 Unborn children
Status: in_force

41-1-103 . Unborn children. A child conceived but not yet born is to be deemed an existing person, so far as may be necessary for its interests in the event of its subsequent birth.
Mont. Code Ann. § 41-5-2510 — MT Code / Title 41 / Chapter 5 / Part 25 / Section 41-5-2510
41-5-2510 Sentence review hearing
Status: in_force

41-5-2510 . Sentence review hearing. (1) When a youth has been convicted as an adult pursuant to the provisions of 41-5-206 , except for offenses punishable by death or life imprisonment or when a sentence of 100 years could be imposed, the county attorney, defense attorney, or youth may, at any time before the youth reaches the age of 21, request a hearing to review the sentence imposed on the youth. The department shall notify the court of the youth's impending birthday no later than 90 days before the youth's 21st birthday.

(2) After reviewing the status report and upon motion for a hearing, the court shall determine whether to hold a criminally convicted youth sentence review hearing. If the court, in its discretion, determines that a sentence review hearing is warranted or is required under 41-5-2503 , the hearing must be held within 90 days after the filing of the request or determination. The sentencing court or county attorney shall notify the victim of the offense pursuant to Title 46, chapter 24.

(3) The sentencing court shall review the department's records, formal youth court records, victim statements, and any other pertinent information.

(4) The sentencing court, after considering the criminal, social, psychological, and any other records of the youth; any evidence presented at the hearing; and any statements by the victim and by the parent or parents or guardian of the youth and any other advocates for the youth shall determine whether the criminally convicted youth has been substantially rehabilitated based upon a preponderance of the evidence.

(5) In the event that the sentencing court determines that the youth has been substantially rehabilitated, the court shall determine whether to:

(a) suspend all or part of the remaining portion of the sentence, impose conditions and restrictions pursuant to 46-18-201 , and place the youth on probation under the direction of the department, unless otherwise specified;

(b) impose all or part of the remaining sentence and make any additional recommendations to the department regarding the placement and treatment of the criminally convicted youth; or

(c) impose a combination of options allowed under subsections (5)(a) and (5)(b), not to exceed the total sentence remaining.

(6) The sentencing court may revoke a suspended sentence of a criminally convicted youth pursuant to 46-18-203 .
Mont. Code Ann. § 41-5-321 — MT Code / Title 41 / Chapter 5 / Part 3 / Section 41-5-321
41-5-321 Taking into custody
Status: in_force

41-5-321 . Taking into custody. (1) A youth may be taken into custody under the following circumstances:

(a) by a law enforcement officer pursuant to a lawful order or process of any court;

(b) by a law enforcement officer pursuant to a lawful arrest for violation of the law;

(c) by a juvenile home arrest officer or an officer listed in subsections (1)(a) and (1)(b) if a youth placed under a home arrest program has violated a condition of the placement and the home arrest officer or law enforcement officer has direct knowledge of the violation or a juvenile probation officer has provided the juvenile home arrest officer notice of a violation.

(2) The taking of a youth into custody is not an arrest except for the purpose of determining the validity of the taking under the constitution of Montana or the United States.
Mont. Code Ann. § 41-5-2002 — MT Code / Title 41 / Chapter 5 / Part 20 / Section 41-5-2002
41-5-2002 Purpose
Status: in_force

41-5-2002 . Purpose. The purposes of this part are to:

(1) provide an alternate method of funding juvenile out-of-home placements, programs, and services;

(2) increase the ability of youth courts to respond to juvenile delinquency through early intervention and expanded community alternatives;

(3) enhance the ability of youth courts to control costs;

(4) enhance community safety, hold youth accountable, and promote the competency development of youth;

(5) use local resources for the placement of troubled youth, when appropriate and available;

(6) reduce placements in out-of-state residential facilities and programs; and

(7) use correctional facilities when appropriate.
Mont. Code Ann. § 41-3-305 — MT Code / Title 41 / Chapter 3 / Part 3 / Section 41-3-305
41-3-305 Terminated
Status: in_force

41-3-305 . Terminated. Secs. 5, 7, Ch. 141, L. 2017.
Mont. Code Ann. § 41-3-607 — MT Code / Title 41 / Chapter 3 / Part 6 / Section 41-3-607
41-3-607 Petition for termination -- separate hearing -- no jury trial
Status: in_force

41-3-607 . Petition for termination -- separate hearing -- no jury trial. (1) Except as provided in Title 40, chapter 6, part 10, the termination of a parent-child legal relationship may be considered only after the filing of a petition pursuant to 41-3-422 alleging the factual grounds for termination pursuant to 41-3-609 .

(2) If termination of a parent-child legal relationship is ordered, the court may:

(a) transfer permanent legal custody of the child, with the right to consent to the child's adoption, to:

(i) the department;

(ii) a licensed child-placing agency; or

(iii) another individual who has been approved by the department and has received consent for the transfer of custody from the department or agency that has custody of the child; or

(b) transfer permanent legal custody of the child to the department with the right to petition for appointment of a guardian pursuant to 41-3-444 .

(3) If the court does not order termination of the parent-child legal relationship, the child's prior legal status remains in effect until further order of the court.

(4) A guardian ad litem must be appointed to represent the child's best interests in any hearing determining the involuntary termination of the parent-child legal relationship. The guardian ad litem shall continue to represent the child until the child is returned home or placed in an appropriate permanent placement. If a respondent parent is a minor, a guardian ad litem must be appointed to serve the minor parent in addition to any appointed or assigned counsel requested by the minor parent.

(5) There is no right to a jury trial at proceedings held to consider the termination of a parent-child legal relationship.
Mont. Code Ann. § 41-1-304 — MT Code / Title 41 / Chapter 1 / Part 3 / Section 41-1-304
41-1-304 When minors may disaffirm
Status: in_force

41-1-304 . When minors may disaffirm. (1) Except as provided in subsection (2), in all cases other than those specified by 41-1-303 , 41-1-305 , and 41-1-306 , the contract of a minor may, upon restoring the consideration to the party from whom it was received, be disaffirmed by the minor, either before the minor reaches majority or within a reasonable time afterwards, or, in case of the minor's death within that period, by the minor's heirs or personal representatives.

(2) A minor subject to the provisions of 31-1-115 is not required to restore any consideration received from the issuer of a credit card or similar loan advance access device that has not obtained the consent of the minor's parent or legal guardian before issuing the card or similar loan advance access device to the minor.
Mont. Code Ann. § 41-4-108 — MT Code / Title 41 / Chapter 4 / Part 1 / Section 41-4-108
41-4-108 Court jurisdiction retained
Status: in_force

41-4-108 . Court jurisdiction retained. Any court having jurisdiction to place delinquent children may place such a child in an institution of or in another state pursuant to Article VI of the Interstate Compact on the Placement of Children and shall retain jurisdiction as provided in Article V thereof.
Mont. Code Ann. § 41-5-1606 — MT Code / Title 41 / Chapter 5 / Part 16 / Section 41-5-1606
41-5-1606 Public safety
Status: in_force

41-5-1606 . Public safety. (1) In determining whether the public safety is served by designating a case an extended jurisdiction juvenile prosecution, the court shall consider the following factors:

(a) the seriousness of the alleged offense in terms of community protection, including the existence of any aggravating factors, the use of a firearm, and the impact on the victim;

(b) the culpability of the youth in committing the alleged offense, including the level of the youth's participation in planning and carrying out the offense and the existence of mitigating factors;

(c) the youth's prior record of delinquency;

(d) the youth's treatment history, including the youth's past willingness to participate meaningfully in available treatment;

(e) the adequacy of the dispositions available in the juvenile justice system; and

(f) the dispositional options available for the youth.

(2) In considering the factors listed in subsection (1), the court shall give greater weight to the seriousness of the alleged offense and the youth's prior record of delinquency than to the other listed factors.
Mont. Code Ann. § 41-3-119 — MT Code / Title 41 / Chapter 3 / Part 1 / Section 41-3-119
41-3-119 Foster parent counseling services
Status: in_force

41-3-119 . Foster parent counseling services. (1) A person who provides substitute care to a foster child who dies while residing in a youth care facility must be offered reimbursement for mental health outpatient counseling services at the expense of the department.

(2) Upon the death of a foster child in substitute care, the department shall provide information about available reimbursement for mental health outpatient counseling services for the person or persons who were providing care to the foster child.

(3) The reimbursement for mental health outpatient counseling services must be available for up to 1 year in duration by a provider of the person's choice at an amount equivalent to that offered as a benefit to state employees under 2-18-702 , subject to the same maximum benefit levels and copayments.
Mont. Code Ann. § 41-5-1503 — MT Code / Title 41 / Chapter 5 / Part 15 / Section 41-5-1503
41-5-1503 Medical or psychological evaluation of youth -- urinalysis
Status: in_force

41-5-1503 . Medical or psychological evaluation of youth -- urinalysis. (1) The youth court may order a youth to receive a medical or psychological evaluation at any time prior to final disposition if the youth waives the youth's constitutional rights in the manner provided for in 41-5-331 . The youth court shall pay for the cost of the evaluation from its judicial district's allocation provided for in 41-5-130 or 41-5-2012 .

(2) Subject to 41-5-1512 (1)(m)(i), the youth court may not order an evaluation or placement of a youth at a correctional facility unless the youth is found to be a delinquent youth or is alleged to have committed an offense that is listed in 41-5-206 .

(3) An evaluation of a youth may not be performed at the Montana state hospital.

(4) In a proceeding alleging a youth to be a delinquent youth, upon a finding of an offense related to use of alcohol or illegal drugs, the court may order the youth to undergo urinalysis for the purpose of determining whether the youth is using alcoholic beverages or illegal drugs. The cost of testing may not be charged to the youth, the youth's parents, or the youth's guardians.
Mont. Code Ann. § 41-3-1008 — MT Code / Title 41 / Chapter 3 / Part 10 / Section 41-3-1008
41-3-1008 Access to records
Status: in_force

41-3-1008 . Access to records. (1) Notwithstanding the provisions of 41-3-205 , a board has access to:

(a) any records of the district court that are pertinent to the case; and

(b) pertinent electronic and paper records of the department or other agencies that would be admissible in a dispositional hearing conducted pursuant to 41-3-438 , including school records and reports of private service providers contained in the records of the department or other agencies.

(2) All requested records not already before the board must be submitted by the department within 10 working days after receipt of a request.

(3) A board may retain a reference copy of case material used by the board to make its recommendation if:

(a) the material is necessary for the ongoing work of the board with regard to the particular case or to work of the board; and

(b) the confidentiality of the material is continued and protected in the same manner as other material received from the department. Material retained by the boards is not subject to disclosure under the public records law.

(4) If a board is denied access to requested records, it may request a hearing. The court may require the organization in possession of the records to show cause why the records should not be made available as provided by this section.
Mont. Code Ann. § 41-5-1304 — MT Code / Title 41 / Chapter 5 / Part 13 / Section 41-5-1304
41-5-1304 Disposition permitted under consent adjustment
Status: in_force

41-5-1304 . Disposition permitted under consent adjustment. (1) The following dispositions may be imposed by consent adjustment:

(a) probation;

(b) placement of the youth in substitute care in a youth care facility, as defined in 52-2-602 and pursuant to a recommendation made under 41-5-121 ;

(c) placement of the youth with a private agency responsible for the care and rehabilitation of the youth pursuant to a recommendation made under 41-5-121 ;

(d) restitution, as provided in 41-5-1521 , upon approval of the youth court judge;

(e) placement of the youth under home arrest as provided in Title 46, chapter 18, part 10;

(f) confiscation of the youth's driver's license, if the youth has one, by the juvenile probation officer for a specified period of time, not to exceed 90 days. The juvenile probation officer shall notify the department of justice of the confiscation and its duration. The department of justice may not enter the confiscation on the youth's driving record. The juvenile probation officer shall notify the department of justice when the confiscated driver's license has been returned to the youth. A youth's driver's license may be confiscated under this subsection more than once. The juvenile probation officer may, in the juvenile probation officer's discretion and with the concurrence of a parent or guardian, return a youth's confiscated driver's license before the termination of the time period for which it had been confiscated. The confiscation may not be used by an insurer as a factor in determining the premium or part of a premium to be paid for motor vehicle insurance covering the youth or a vehicle or vehicles driven by the youth, nor may it be used as grounds for denying coverage for an accident or other occurrence under an existing policy.

(g) a requirement that the youth receive counseling services;

(h) placement in a youth assessment center for up to 10 days;

(i) placement of the youth in detention for up to 3 days on a space-available basis at the county's expense, which is not reimbursable under part 19 of this chapter;

(j) a requirement that the youth perform community service;

(k) a requirement that the youth participate in victim-offender mediation;

(l) an agreement that the youth pay a contribution covering all or a part of the costs of a victim's restitution for damages that result from the offense for which the youth is disposed;

(m) any other condition ordered by the court to accomplish the goals of the consent adjustment, including but not limited to mediation or youth assessment.

(2) Pursuant to 41-5-114 , the youth, the youth's parents, or the youth's guardian may not be required to pay a contribution covering any fees, obligations, or costs as part of a consent adjustment.
Mont. Code Ann. § 41-2-106 — MT Code / Title 41 / Chapter 2 / Part 1 / Section 41-2-106
41-2-106 Prohibited employment of minors who are 14 and 15 years of age
Status: in_force

41-2-106 . Prohibited employment of minors who are 14 and 15 years of age. Unless otherwise exempted, a minor 14 or 15 years of age may not be employed in the prohibited occupations in 41-2-107 or in:

(1) a manufacturing occupation;

(2) a processing occupation, including but not limited to filleting fish, dressing poultry, cracking nuts, or laundering and drycleaning;

(3) an occupation that requires the performance of duties in a workroom or workplace where goods are manufactured, mined, or processed;

(4) the operation or tending of a hoisting apparatus or of power-driven machinery;

(5) an occupation in connection with:

(a) transporting persons or property by rail, highway, air, water, pipeline, or other means;

(b) warehousing and storage;

(c) communication and public utilities; or

(d) construction or repair;

(6) an occupation in a retail, food service, or gasoline establishment, including:

(a) work performed in or around a boiler or an engine room;

(b) work in connection with the maintenance or the repair of an establishment, machine, or equipment;

(c) outside window washing that involves working from windowsills and all work requiring the use of ladders, scaffolds, or their substitutes at a height of more than 20 feet;

(d) an occupation that involves operating, assembling, adjusting, cleaning, oiling, or repairing power-driven food slicers and grinders, food choppers and cutters, or bakery-type mixers;

(e) work in freezers and meat coolers and all work preparing meat for sale, except wrapping, scaling, labeling, weighing, pricing, and stacking when performed in other areas;

(f) loading or unloading goods to and from a truck, railroad car, or conveyor; or

(g) an occupation in a warehouse, except for office or clerical work;

(7) the following agricultural occupations, unless otherwise exempt or working as a student-learner pursuant to 41-2-109 :

(a) felling, bucking, skidding, loading, or unloading timber with a butt diameter of more than 9 inches;

(b) repairing a building from a ladder or scaffold at a height of more than 20 feet;

(c) working inside:

(i) a fruit, forage, or grain storage structure designed to retain an oxygen-deficient or toxic atmosphere; or

(ii) an upright silo within 2 weeks after silage has been added or when a top unloading device is in operating position;

(d) handling or using agricultural chemicals classified as poisonous;

(e) handling or using a blasting agent, including but not limited to dynamite, black powder, sensitized ammonium nitrate, blasting caps, or primer cord; or

(f) transporting, transferring, or applying anhydrous ammonia.
Mont. Code Ann. § 41-5-121 — MT Code / Title 41 / Chapter 5 / Part 1 / Section 41-5-121
41-5-121 Youth placement committees -- composition
Status: in_force

41-5-121 . Youth placement committees -- composition. (1) In each judicial district, the youth court may establish a youth placement committee for the purposes of:

(a) recommending an appropriate placement of a youth committed to the youth court under 41-5-1512 or 41-5-1513 or committed to the department under 41-5-1513 ; or

(b) recommending available community services or alternative placements whenever a change is required in the placement of a youth who is currently in the legal custody of the youth court under 41-5-1512 or 41-5-1513 or a youth on conditional release.

(2) (a) The committee consists of not less than five members and must include persons who are knowledgeable about the youth, treatment and placement options, and other resources appropriate to address the needs of the youth.

(b) The committee may include:

(i) a representative of the department;

(ii) a representative of the department of public health and human services;

(iii) the chief juvenile probation officer or the chief juvenile probation officer's designee. The officer or the officer's designee is the presiding officer of the committee.

(iv) a mental health professional;

(v) if an Indian youth is involved, a person, preferably an Indian, knowledgeable about Indian culture and Indian family matters;

(vi) a representative of a school district located within the boundaries of the judicial district who has knowledge of and experience with youth;

(vii) the youth's parent or guardian;

(viii) a youth services provider; and

(ix) the youth's juvenile probation officer.

(3) The chief juvenile probation officer shall appoint all members of the youth placement committee.

(4) Committee members serve without compensation.

(5) The committee may be convened by the chief juvenile probation officer.

(6) If a representative of the school district within the boundaries of which the youth is recommended to be placed and will be attending school is not included on the committee, the chief juvenile probation officer shall inform the school district of the final placement decision for the youth.
Mont. Code Ann. § 41-5-1201 — MT Code / Title 41 / Chapter 5 / Part 12 / Section 41-5-1201
41-5-1201 Preliminary inquiry -- referral of youth in need of care
Status: in_force

41-5-1201 . Preliminary inquiry -- referral of youth in need of care. (1) Whenever the court receives information from an agency or person, including a parent or guardian of a youth, based upon reasonable grounds, that a youth is or appears to be a delinquent youth or a youth in need of intervention or that the youth is subject to a court order or consent order and has violated the terms of an order, a juvenile probation officer or an assessment officer shall make a preliminary inquiry into the matter.

(2) If the juvenile probation officer or assessment officer determines that the facts indicate that the youth is a youth in need of care, as defined in 41-3-102 , the matter must be immediately referred to the department of public health and human services.
Mont. Code Ann. § 41-1-401 — MT Code / Title 41 / Chapter 1 / Part 4 / Section 41-1-401
41-1-401 Definitions
Status: in_force

41-1-401 . Definitions. As used in this part, the following definitions apply:

(1) "Emancipated minor" means an individual under 18 years of age who:

(a) is or has been married;

(b) is separated from the individual's parent, parents, or legal guardian and is self-supporting; or

(c) has been granted the right to consent to medical treatment pursuant to an order of limited emancipation granted by a court pursuant to 41-3-438 .

(2) "Health care facility" has the meaning provided in 50-5-101 .

(3) "Health professional" includes only those persons licensed in Montana as physicians, psychiatrists, psychologists, advanced practice registered nurses, dentists, physician assistants, professional counselors, or social workers.
Mont. Code Ann. § 41-5-350 — MT Code / Title 41 / Chapter 5 / Part 3 / Section 41-5-350
41-5-350 Permitted acts -- detention of youth in law enforcement facilities -- criteria
Status: in_force

41-5-350 . Permitted acts -- detention of youth in law enforcement facilities -- criteria. (1) Nothing in this chapter precludes the detention of youth in a police station or other law enforcement facility that is attached to or part of a jail if:

(a) the area where the youth is held is an unlocked, multipurpose area, such as a lobby, office, interrogation room, or other area that is not designated or used as a secure detention area or that is not part of a secure detention area, or, if part of such an area, that is used only for the purpose of processing, such as a booking room;

(b) the youth is not secured to a cuffing rail or other stationary object during the period of detention;

(c) use of the area is limited to ensuring custody of the youth for the purpose of identification, processing, or transfer of the youth to an appropriate detention or shelter care facility;

(d) the area is not designed or intended to be used for residential purposes; and

(e) the youth is under continuous visual supervision by a law enforcement officer or by facility staff during the period of time that the youth is held in detention.

(2) For purposes of this section, "secure detention" means the detention of youth or confinement of adults accused or convicted of criminal offenses in a physically restricting setting, including but not limited to a locked room or set of rooms or a cell designed to prevent a youth or adult from departing at will.
Mont. Code Ann. § 41-5-2012 — MT Code / Title 41 / Chapter 5 / Part 20 / Section 41-5-2012
41-5-2012 Allocation to judicial districts from youth court intervention and prevention account -- judicial district plans -- cost containment review and recommendation
Status: in_force

41-5-2012 . Allocation to judicial districts from youth court intervention and prevention account -- judicial district plans -- cost containment review and recommendation. (1) (a) At the beginning of each fiscal year, the office of court administrator shall allocate from the youth court intervention and prevention account to each judicial district an amount equal to the unexpended funds from the judicial district's annual allocation for the previous fiscal year under 41-5-130 .

(b) In addition to the amount allocated under subsection (1)(a), at the beginning of each fiscal year, the office of court administrator shall allocate from the youth court intervention and prevention account to all judicial districts the unexpended funds from the cost containment pool deposited from the previous fiscal year under 41-5-132 . The office shall allocate the funds according to the formula that was used to determine the judicial districts' annual allocations for the previous fiscal year under 41-5-130 .

(2) Upon approval of the youth court judge, a judicial district may submit a plan to the office of court administrator for approval to expend the amounts allocated to the judicial district under subsection (1) for one or more of the following purposes:

(a) to establish or expand community prevention and intervention programs and services for youth, including training for individuals to provide the programs and services to youth;

(b) to provide an alternative method for funding out-of-home placements; and

(c) to provide matching funds for federal money for intervention and prevention programs that provide direct services to youth.

(3) Two or more judicial districts may jointly submit a plan to combine any portion of the amounts allocated to the districts under subsection (1) to expend funds on a regional or statewide basis in accordance with subsection (2).

(4) The cost containment review panel provided for in 41-5-131 shall review each plan submitted to the office of court administrator and recommend to the office whether the plan should be approved. The office shall consider the cost containment review panel's recommendation before approving or disapproving a plan.

(5) The office of court administrator shall notify the judicial district and cost containment review panel in writing as to whether a plan has been approved or disapproved. If the office disapproves a plan, the judicial district may submit a revised plan.

(6) (a) A judicial district shall expend the amounts allocated to the district under subsection (1) in accordance with an approved plan by the end of the fiscal year following the fiscal year in which the amounts were allocated under subsection (1).

(b) The office of court administrator shall deposit in the general fund any portion of the amounts allocated under subsection (1) not expended within the time provided for in subsection (6)(a).
Mont. Code Ann. § 41-5-205 — MT Code / Title 41 / Chapter 5 / Part 2 / Section 41-5-205
41-5-205 Retention of jurisdiction -- termination
Status: in_force

41-5-205 . Retention of jurisdiction -- termination. (1) The court may dismiss a petition or otherwise terminate jurisdiction on its own motion or on the motion or petition of any interested party at any time. Unless terminated by the court and except as provided in subsections (2) through (4), the jurisdiction of the court continues until the individual becomes 21 years of age.

(2) Court jurisdiction terminates when:

(a) the proceedings are transferred to district court under 41-5-208 or an information is filed concerning the offense in district court pursuant to 41-5-206 ;

(b) the youth is discharged by the department; or

(c) execution of a sentence is ordered under 41-5-1605 (2)(b)(iii) and the supervisory responsibilities are transferred to the district court under 41-5-1605 .

(3) The jurisdiction of the court over an extended jurisdiction juvenile, with respect to the offense for which the youth was convicted as an extended jurisdiction juvenile, extends until the offender becomes 25 years of age unless the court terminates jurisdiction before that date.

(4) The jurisdiction of the court over restitution payments extends until the offender becomes 25 years of age unless the court terminates jurisdiction before that date.

(5) The jurisdiction of the court is not terminated if the department issues a release from supervision due to the expiration of a commitment pursuant to 41-5-1522 .
Mont. Code Ann. § 41-3-110 — MT Code / Title 41 / Chapter 3 / Part 1 / Section 41-3-110
41-3-110 Audio or video testimony allowed
Status: in_force

41-3-110 . Audio or video testimony allowed. A court may permit testimony by telephone, videoconference, or other audio or audiovisual means at any time in a proceeding pursuant to this chapter.
Mont. Code Ann. § 41-3-444 — MT Code / Title 41 / Chapter 3 / Part 4 / Section 41-3-444
41-3-444 Abuse and neglect proceedings -- appointment of guardian -- financial subsidies
Status: in_force

41-3-444 . Abuse and neglect proceedings -- appointment of guardian -- financial subsidies. (1) The court may, upon the petition of the department or guardian ad litem, enter an order appointing a guardian for a child who has been placed in the temporary or permanent custody of the department pursuant to 41-3-438 , 41-3-445 , or 41-3-607 . The guardianship may be subsidized by the department under subsection (8) if the guardianship meets the department's criteria, or the guardianship may be nonsubsidized.

(2) The court may appoint a guardian for a child pursuant to this section if the following facts are found by the court:

(a) the department has given its written consent to the appointment of the guardian, whether the guardianship is to be subsidized or not;

(b) if the guardianship is to be subsidized, the department has given its written consent after the department has considered initiating or continuing financial subsidies pursuant to subsection (8);

(c) the child has been adjudicated a youth in need of care;

(d) the department has made reasonable efforts to reunite the parent and child, further efforts to reunite the parent and child by the department would likely be unproductive, and reunification of the parent and child would be contrary to the best interests of the child;

(e) the child has lived with the potential guardian in a family setting and the potential guardian is committed to providing a long-term relationship with the child;

(f) it is in the best interests of the child to remain or be placed with the potential guardian;

(g) either termination of parental rights to the child is not in the child's best interests or parental rights to the child have been terminated, but adoption is not in the child's best interests; and

(h) if the child concerning whom the petition for guardianship has been filed is an Indian child, as defined in the federal Indian Child Welfare Act, 25 U.S.C. 1901, et seq., or 41-3-1303 , the Indian child's tribe has received notification from the state of the initiation of the proceedings.

(3) The entry of a decree of guardianship pursuant to this section terminates the custody of the department and the involvement of the department with the child and the child's parents except for the department's provision of a financial subsidy, if any, pursuant to subsection (8).

(4) A guardian appointed under this section may exercise the powers and has the duties provided in 72-5-231 .

(5) The court may revoke a guardianship ordered pursuant to this section if the court finds, after hearing on a petition for removal of the child's guardian, that continuation of the guardianship is not in the best interests of the child. Notice of hearing on the petition must be provided by the moving party to the child's lawful guardian, the department, any court-appointed guardian ad litem, the child's parent if the rights of the parent have not been terminated, and other persons directly interested in the welfare of the child.

(6) A guardian may petition the court for permission to resign the guardianship. A petition may include a request for appointment of a successor guardian.

(7) After notice and hearing on a petition for removal or permission to resign, the court may appoint a successor guardian or may terminate the guardianship and restore temporary legal custody to the department pursuant to 41-3-438 .

(8) The department may provide a financial subsidy to a guardian appointed pursuant to this section if the guardianship meets the department's criteria and if the department determines that a subsidy is in the best interests of the child. The amount of the subsidy must be determined by the department.

(9) This section does not apply to guardians appointed pursuant to Title 72, chapter 5.
Mont. Code Ann. § 41-5-1904 — MT Code / Title 41 / Chapter 5 / Part 19 / Section 41-5-1904
41-5-1904 Distribution of grants -- limitation of funding -- restrictions on use
Status: in_force

41-5-1904 . Distribution of grants -- limitation of funding -- restrictions on use. (1) The board shall award grants on an equitable basis, giving preference to services that are to be used on a regional basis.

(2) The board shall award grants to eligible counties:

(a) in a block grant in an amount not to exceed 50% of the approved, estimated cost of secure detention; or

(b) on a matching basis in an amount not to exceed:

(i) 75% of the approved cost of providing holdovers, attendant care, and other alternatives to secure detention, except for shelter care. Shelter care costs must be paid as provided by law.

(ii) 50% of the approved cost of programs for the transportation of youth to appropriate detention or shelter care facilities, including regional detention facilities.

(3) Based on funding available after the board has funded block grants under subsection (2), the board shall, in cases of extreme hardship in which the transfer of youth court cases to the adult system has placed considerable financial strain on a county's resources, award grants to eligible counties to fund up to 75% of the actual costs of secure detention of youth awaiting transfer. Hardship cases will be addressed at the end of the fiscal year and will be awarded by the board based upon a consideration of the applicant county's past 3 years' expenditures for youth detention and upon consideration of the particular case or cases that created the hardship expenditure for which the hardship grant is requested.

(4) Grants under 41-5-1902 may not be used to pay for the cost of youth evaluations. The cost of evaluations must be paid as provided for in 41-5-1503 .
Mont. Code Ann. § 41-3-612 — MT Code / Title 41 / Chapter 3 / Part 6 / Section 41-3-612
41-3-612 Appeals
Status: in_force

41-3-612 . Appeals. Appeals of court orders or decrees made under this part shall be given precedence on the calendar of the supreme court over all other matters, unless otherwise provided by law.
Mont. Code Ann. § 41-4-103 — MT Code / Title 41 / Chapter 4 / Part 1 / Section 41-4-103
41-4-103 Appropriate public authorities defined
Status: in_force

41-4-103 . Appropriate public authorities defined. The "appropriate public authorities" as used in Article III of the Interstate Compact on the Placement of Children, with reference to this state, means the department of public health and human services, and the department shall receive and act with reference to notices required by Article III.
Mont. Code Ann. § 41-3-450 — MT Code / Title 41 / Chapter 3 / Part 4 / Section 41-3-450
41-3-450 Placement preferences
Status: in_force

41-3-450 . Placement preferences. (1) The placement preferences described in this section apply in any foster care, preadoptive, or adoptive placement of a child unless there is a determination under 41-3-451 that good cause exists to not follow the placement preferences or unless the placement is governed by the federal Indian Child Welfare Act or the Montana Indian Child Welfare Act.

(2) (a) In any adoptive placement of a child, preference must be given in descending order to placement of the child with:

(i) a member of the child's extended family, including fictive kin;

(ii) a member of the child's community with ethnic, cultural, and religious heritage similar to the child's family; or

(iii) a family with ethnic, cultural, and religious heritage similar to the child's family.

(b) When appropriate, the placement preference of the child or the child's parent or legal guardian must be considered.

(3) Except as provided in 41-3-301 (1), in any foster care or preadoptive placement of a child:

(a) the child must be placed in the least restrictive setting that:

(i) most approximates a family, taking into consideration sibling attachment;

(ii) allows the child's special needs, if any, to be met; and

(iii) is in reasonable proximity to the child's home, extended family, or siblings;

(b) preference must be given in descending order to placement of the child with:

(i) a member of the child's extended family, including fictive kin;

(ii) a licensed foster home located in the child's community with ethnic, cultural, and religious heritage similar to the child's family;

(iii) a licensed foster home with ethnic, cultural, and religious heritage similar to the child's family; or

(iv) an institution for children approved by the department that has a program suitable to meet the child's needs; and

(c) the preference of the child or the child's parent or legal guardian must be considered.

(4) (a) Except as provided in subsection (4)(b), placement outside of the United States is disfavored under this section.

(b) A child subject to the provisions of the federal Indian Child Welfare Act or the Montana Indian Child Welfare Act established in Title 41, chapter 3, part 13, is not subject to subsection (4)(a).

(5) For the purposes of this section, "fictive kin" means a person to whom the child and the child's parent and family ascribe a family relationship and with whom the child has had a significant emotional tie that existed prior to the department's involvement with the child and the child's family.
Mont. Code Ann. § 41-5-1430 — MT Code / Title 41 / Chapter 5 / Part 14 / Section 41-5-1430
41-5-1430 Conditional release revocation hearing
Status: in_force

41-5-1430 . Conditional release revocation hearing. (1) (a) If a county attorney files a petition to revoke a youth's conditional release, the court shall hold a revocation hearing without a jury within 10 working days after the petition is filed, except as provided in subsection (1)(b).

(b) (i) If a youth alleged to have violated the terms and conditions of the youth's conditional release agreement has been taken into custody and placed in detention, the court shall conduct a probable cause hearing in accordance with 41-5-332 through 41-5-334 .

(ii) If the court determines that there is probable cause to believe that the youth has violated the terms and conditions of the youth's conditional release agreement and the county attorney determines that revocation is warranted, the county attorney shall file a petition to revoke within 7 working days. The court shall hold a revocation hearing without a jury within 10 working days after the petition has been filed.

(iii) If the county attorney does not file a petition to revoke, the youth must be released unless good cause is shown to further detain the youth.

(2) In regard to the conditional release revocation hearing, the youth is entitled to:

(a) receive written notice of the alleged violation of the terms and conditions of the youth's conditional release;

(b) receive evidence of the alleged violation;

(c) an opportunity to be heard in person or by interactive video transmission and to present witnesses and evidence;

(d) cross-examine witnesses, unless the court finds good cause for not allowing confrontation; and

(e) be represented by counsel.

(3) After the revocation hearing, if the court finds by a preponderance of the evidence presented that the youth has violated the terms and conditions of the youth's conditional release, the court may revoke the youth's conditional release and return the youth to a correctional facility or make any other judgment or disposition that could have been made under the original judgment.
Mont. Code Ann. § 41-1-404 — MT Code / Title 41 / Chapter 1 / Part 4 / Section 41-1-404
41-1-404 Financial responsibility of minor
Status: in_force

41-1-404 . Financial responsibility of minor. Consent of the minor shall not be subject to later disaffirmance or revocation because of minority. The spouse, parent, parents, or legal guardian of a consenting minor shall not be liable for payment for such service unless the spouse, parent, parents, or legal guardian have expressly agreed to pay for such care. Minors so consenting for such health services shall thereby assume financial responsibility for the cost of said services, except those who are proven unable to pay and who receive the services in public institutions. If the minor is covered by health insurance, payment may be applied for services rendered.
Mont. Code Ann. § 41-5-1415 — MT Code / Title 41 / Chapter 5 / Part 14 / Section 41-5-1415
41-5-1415 Admissibility of confession or illegally seized evidence
Status: in_force

41-5-1415 . Admissibility of confession or illegally seized evidence. In a proceeding alleging a youth to be a delinquent youth:

(1) an extrajudicial statement that would be constitutionally inadmissible in a criminal matter may not be received in evidence;

(2) evidence illegally seized or obtained may not be received in evidence to establish the allegations of a petition against a youth; and

(3) an extrajudicial admission or confession made by the youth out of court is insufficient to support a finding that the youth committed the acts alleged in the petition unless it is corroborated by other evidence.
Mont. Code Ann. § 41-5-110 — MT Code / Title 41 / Chapter 5 / Part 1 / Section 41-5-110
41-5-110 Youth court hearings -- priority
Status: in_force

41-5-110 . Youth court hearings -- priority. All hearings and other court appearances required under Title 41, chapter 5, must be given priority by the court and must be scheduled to be heard as expeditiously as possible.
Mont. Code Ann. § 41-5-1602 — MT Code / Title 41 / Chapter 5 / Part 16 / Section 41-5-1602
41-5-1602 Extended jurisdiction juvenile prosecution -- designation
Status: in_force

41-5-1602 . Extended jurisdiction juvenile prosecution -- designation. (1) A youth court case involving a youth alleged to have committed an offense that would be a felony if committed by an adult, except an offense punishable by death or life imprisonment or when a sentence of 100 years could be imposed, is an extended jurisdiction juvenile prosecution if:

(a) the youth was at least 14 years of age at the time of the alleged offense, the county attorney requests that the case be designated an extended jurisdiction juvenile prosecution, a hearing is held under 41-5-1603 , and the court designates the case as an extended jurisdiction juvenile prosecution;

(b) the county attorney designates in the delinquency petition that the proceeding is an extended jurisdiction juvenile prosecution and the youth is alleged to have committed:

(i) an offense that is listed under 41-5-206 , except an offense punishable by death or life imprisonment or when a sentence of 100 years could be imposed; or

(ii) any offense that would be a felony if committed by an adult, except an offense punishable by death or life imprisonment or when a sentence of 100 years could be imposed, in which the youth allegedly used a firearm, if the youth was at least 12 years of age at the time of the alleged offense; or

(c) after a hearing upon a motion for transfer of the matter of prosecution to the district court under 41-5-206 , the court designates the case as an extended jurisdiction juvenile prosecution.

(2) To enforce the court's disposition in an extended jurisdiction juvenile prosecution, the court shall retain jurisdiction as provided in 41-5-205 .
Mont. Code Ann. § 41-5-2011 — MT Code / Title 41 / Chapter 5 / Part 20 / Section 41-5-2011
41-5-2011 Youth court intervention and prevention account -- statutory appropriation -- administration
Status: in_force

41-5-2011 . Youth court intervention and prevention account -- statutory appropriation -- administration. (1) There is a youth court intervention and prevention account in the state special revenue fund. The office of court administrator shall deposit in the account the following funds:

(a) unexpended funds from the judicial districts' annual allocations as provided for in 41-5-130 ; and

(b) unexpended funds from the cost containment pool as provided for in 41-5-132 .

(2) The youth court intervention and prevention account is statutorily appropriated, as provided in 17-7-502 , to the supreme court. The office of court administrator shall administer the account in accordance with 41-5-2012 .
Mont. Code Ann. § 41-3-1302 — MT Code / Title 41 / Chapter 3 / Part 13 / Section 41-3-1302
41-3-1302 Legislative findings -- purpose
Status: in_force

41-3-1302 . Legislative findings -- purpose. (1) The legislature recognizes that in possibly no other area of concurrent tribal and state law is it more important that tribal sovereignty be respected than in an area as socially and culturally determinative as family relationships. The legislature finds that the state is committed to protecting the essential tribal relations and best interests of Indian children by promoting practices designed to prevent out-of-home placement of Indian children that is inconsistent with the rights of the parents, the health, safety, or welfare of the child, or the interests of the child's tribe.

(2) The legislature further finds that when placement away from the parent or Indian custodian is necessary for the Indian child's safety, the state is committed to a placement that reflects and honors the unique values of the Indian child's tribal culture and is best able to assist the Indian child in establishing, developing, and maintaining a political, cultural, social, and spiritual relationship with the Indian child's tribe and tribal community.
Mont. Code Ann. § 41-3-1215 — MT Code / Title 41 / Chapter 3 / Part 12 / Section 41-3-1215
41-3-1215 Systemic oversight of child protective services activities
Status: in_force

41-3-1215 . Systemic oversight of child protective services activities. (1) The office of child and family ombudsman shall provide oversight of the child protective services provided by the department to identify and report on trends in the handling of the cases and make recommendations on ways to improve the child protective services system.

(2) The office shall analyze information received, reviewed, and compiled by the ombudsman, including but not limited to:

(a) the reports provided pursuant to 41-3-209 ;

(b) the requests for assistance received by the office;

(c) policies and procedures used by the department in responding to and investigating reports of child abuse and neglect;

(d) findings relating to ombudsman investigations; and

(e) best practices for the handling of child abuse and neglect cases and the degree to which the department is using those practices.

(3) Based on the analysis, the ombudsman shall provide systemic and trend recommendations twice each calendar year to the department. The department shall respond to the recommendations within 60 days of receiving the report unless the department has requested in writing and received an extension of the deadline for response. The response must include a description of how it will implement the recommendations or justification as to why the department is not implementing the recommendations at that time.

(4) If the department fails to respond to the recommendations as required or provides justification as to why it is not implementing the recommendations, the ombudsman shall send the report to the governor, the director of the department, and the children, families, health, and human services interim committee.

(5) The ombudsman may carry out the oversight duties provided for in this section independently or in conjunction with other governmental bodies or nongovernmental research organizations, consistent with the disclosure and confidentiality provisions of 41-3-1211 (5).
Mont. Code Ann. § 41-5-342 — MT Code / Title 41 / Chapter 5 / Part 3 / Section 41-5-342
41-5-342 Criteria for placement of youth in shelter care facilities
Status: in_force

41-5-342 . Criteria for placement of youth in shelter care facilities. A youth may be placed in a shelter care facility only if:

(1) the youth and the youth's family need shelter care to address their problematic situation and it is not possible for the youth to remain at home;

(2) the youth needs to be protected from physical or emotional harm;

(3) the youth needs to be deterred or prevented from immediate repetition of troubling behavior;

(4) shelter care is necessary to assess the youth and the youth's environment;

(5) shelter care is necessary to provide adequate time for case planning and disposition; or

(6) shelter care is necessary to intervene in a crisis situation and provide intensive services or attention that might alleviate the problem and reunite the family.
Mont. Code Ann. § 41-5-347 — MT Code / Title 41 / Chapter 5 / Part 3 / Section 41-5-347
41-5-347 Place of shelter care
Status: in_force

41-5-347 . Place of shelter care. Placement in shelter care means placement in one of the following:

(1) in a licensed youth care facility as defined in 52-2-602 ; or

(2) under home arrest, with or without a monitoring device, as provided in Title 46, chapter 18, part 10, either in the youth's own home or in a facility described in subsection (1).
Mont. Code Ann. § 41-6-106 — MT Code / Title 41 / Chapter 6 / Part 1 / Section 41-6-106
41-6-106 Additional procedures not precluded
Status: in_force

41-6-106 . Additional procedures not precluded. In addition to any procedure provided in Articles IV and VI of the compact for the return of a runaway juvenile, the particular states, the juvenile or the juvenile's parents, the courts, or other legal custodian involved may agree upon and adopt any other plan or procedure legally authorized under the laws of this state and the other respective party states for the return of a runaway juvenile.
Mont. Code Ann. § 41-2-118 — MT Code / Title 41 / Chapter 2 / Part 1 / Section 41-2-118
41-2-118 Penalties
Status: in_force

41-2-118 . Penalties. An employer who violates any of the provisions of this part is guilty of a misdemeanor and is punishable as provided in 46-18-212 . Each day during which a violation of this part continues constitutes a separate offense, and the employment of a minor in violation of this part constitutes, with respect to each minor employed, a separate offense.
Mont. Code Ann. § 41-3-112 — MT Code / Title 41 / Chapter 3 / Part 1 / Section 41-3-112
41-3-112 Appointment of special advocate
Status: in_force

41-3-112 . Appointment of special advocate. (1) In every judicial proceeding, the court shall appoint a special advocate for any child alleged to be abused or neglected. A governmental department or any member of its staff who has a direct conflict of interest may not be appointed as the special advocate in a judicial proceeding under this title.

(2) A prospective special advocate must meet the following minimum qualifications:

(a) be at least 21 years old and have demonstrated an interest in children and children's welfare;

(b) be willing to commit to the court for a minimum of 1 year of service to a child;

(c) have completed an application and have provided required background information; and

(d) have completed a screening interview.

(3) An appointed special advocate may not:

(a) accept any compensation for the duties and responsibilities of the special advocate's appointment;

(b) have any association that creates a conflict of interest with the special advocate's duties;

(c) be related to any party or attorney involved in a case;

(d) be employed in a position that could result in a conflict of interest or give rise to the appearance of a conflict; or

(e) use the special advocate's position to seek or accept gifts or special privileges.

(4) The special advocate must have received appropriate training that is specifically related to serving as an advocate for the best interests of a child and that includes:

(a) completing preservice training, including instruction on recognizing child abuse and neglect, cultural awareness, child development, education standards, the juvenile court process, permanency planning, volunteer roles and responsibilities, advocacy, information gathering, and documentation; and

(b) observing court proceedings prior to appointment.

(5) The special advocate shall advocate for the child's best interests and shall perform the following general duties:

(a) conduct an independent review regarding the best interests of the child to provide factual information to the court regarding the child and the child's family;

(b) interview and observe the child and other appropriate individuals and review relevant records and reports;

(c) have access to court, medical, psychological, law enforcement, social services, and school records pertaining to the child, including records of siblings, parents, or caretakers if the records are relevant to the issues in the case. Access to medical and psychological records of siblings, parents, or caretakers must be provided in compliance with the Health Insurance Portability and Accountability Act of 1996, 42 U.S.C. 1320d, et seq., and the legislative findings in 50-16-502 .

(d) maintain confidentiality of all information regarding a case and not disclose the information except to the court, to the other parties, or to the department. A special advocate's duty of confidentiality is not extinguished by the dismissal of the case. Special advocates shall follow applicable law, administrative policies, and procedures regarding access to, use of, and release of information about the children served to ensure that confidentiality is maintained at all times.

(e) prepare written reports for distribution to the court and the parties concerning the child's welfare;

(f) appear and participate in all proceedings and make recommendations to the court concerning the child's best interests, including if additional services are necessary;

(g) monitor the case to completion to ensure that the child's essential needs are met and that the terms of the court's orders are fulfilled;

(h) seek to ensure that reasonable efforts are made to prevent unnecessary placement of the child out of the home and facilitate reunification of the child with the child's family if it is in the child's best interests. In determining whether reasonable efforts are made with respect to a child, the child's health and safety are the paramount concern.

(i) if reunification is not possible, work with the child to assist the child in adjusting to another safe and permanent living arrangement;

(j) perform other duties as directed by the court; and

(k) work directly with the child's legal representative to protect the constitutional rights of the child and advocate for the child's best interests.

(6) Information contained in a report filed by the special advocate or testimony regarding a report filed by the special advocate is not hearsay when it is used to form the basis of the special advocate's opinion as to the best interests of the child.

(7) Any party may petition the court for the removal and replacement of the special advocate if the special advocate fails to perform the duties of the appointment.

(8) A special advocate may raise concerns to the court about conduct that is contrary to the best interests of the child.

(9) The court shall actively pursue services of a volunteer special advocate program. If a special advocate is not available for appointment, a judge may appoint an attorney or other qualified person to serve as special advocate and perform the duties enumerated in subsection (5). When necessary, the special advocate may serve at public expense.
Mont. Code Ann. § 41-5-346 — MT Code / Title 41 / Chapter 5 / Part 3 / Section 41-5-346
41-5-346 Limitation on placement of delinquent youth
Status: in_force

41-5-346 . Limitation on placement of delinquent youth. After a probable cause hearing provided for in 41-5-332 , a youth alleged to be a delinquent youth may be placed only:

(1) in shelter care, in the facilities described in 41-5-347 ;

(2) under home arrest as provided in 41-5-347 ;

(3) in detention, as provided in 41-5-348 ; or

(4) in a community youth court program.
Mont. Code Ann. § 41-2-115 — MT Code / Title 41 / Chapter 2 / Part 1 / Section 41-2-115
41-2-115 Working hours
Status: in_force

41-2-115 . Working hours. (1) Unless otherwise exempt or as provided in subsection (2), a minor who is 14 or 15 years of age:

(a) may not be employed before 7 a.m. or after 7 p.m., except that the minor may be employed until 9 p.m. during periods outside the school year (June 1 through Labor Day, depending on local standards); or

(b) may not be employed more than:

(i) 3 hours on a school day;

(ii) 18 hours in a school week;

(iii) 8 hours on a nonschool day; or

(iv) 40 hours in a week in a nonschool week.

(2) A minor who is 14 or 15 years of age and who is enrolled in and employed pursuant to a school-supervised and school-administered work experience or career exploration program approved by the department or the office of public instruction may be employed up to 23 hours in 1 week when the program is in session, any portion of which may be during school hours.
Mont. Code Ann. § 41-1-503 — MT Code / Title 41 / Chapter 1 / Part 5 / Section 41-1-503
41-1-503 Order of limited emancipation
Status: in_force

41-1-503 . Order of limited emancipation. (1) Limited emancipation may be granted only if the court has found that the youth satisfies the requirements of 41-1-501 (2)(c) through (2)(i).

(2) An order of limited emancipation must specifically set forth the rights and responsibilities that are being conferred upon the youth. These may include but are not limited to one or more of the following:

(a) the right to live independently of in-house supervision;

(b) the right to live in housing of the youth's choice;

(c) the right to directly receive and expend money to which the youth is entitled and to conduct the youth's own financial affairs;

(d) the right to enter into contractual agreements and incur debts;

(e) the right to obtain access to medical treatment and records upon the youth's own authorization; and

(f) the right to obtain a license to operate equipment or perform a service.

(3) An order of limited emancipation must include a provision requiring that the youth make periodic reports to the court subject to terms prescribed by the court.

(4) The court, on its own motion or on the motion of the county attorney or any parties to the dispositional hearing, may modify or revoke the order upon a showing that:

(a) the youth has committed a material violation of the law;

(b) the youth has violated a condition of the limited emancipation order; or

(c) the best interests of the youth are no longer served by limited emancipation.
Mont. Code Ann. § 41-3-1317 — MT Code / Title 41 / Chapter 3 / Part 13 / Section 41-3-1317
41-3-1317 Right of access to evidence
Status: in_force

41-3-1317 . Right of access to evidence. Each party to a child custody proceeding involving an Indian child has the right to examine all reports or other documents filed with the court on which any decision with respect to the proceeding may be based.
Mont. Code Ann. § 41-5-107 — MT Code / Title 41 / Chapter 5 / Part 1 / Section 41-5-107
41-5-107 Administration
Status: in_force

41-5-107 . Administration. The provisions of Title 52, chapter 2, part 6, govern the administration of this chapter.
Mont. Code Ann. § 41-4-105 — MT Code / Title 41 / Chapter 4 / Part 1 / Section 41-4-105
41-4-105 Agreements
Status: in_force

41-4-105 . Agreements. The officers and agencies of this state and its subdivisions having authority to place children are hereby empowered to enter into agreements with appropriate officers or agencies of or in other party states pursuant to Article V(2) of the Interstate Compact on the Placement of Children. Any such agreement which contains a financial commitment or imposes a financial obligation on this state or subdivision or agency thereof shall not be binding unless it has the approval in writing of the state treasurer in the case of the state and of the chief local fiscal officer in the case of a subdivision of the state.
Mont. Code Ann. § 41-5-2502 — MT Code / Title 41 / Chapter 5 / Part 25 / Section 41-5-2502
41-5-2502 Purpose
Status: in_force

41-5-2502 . Purpose. The criminally convicted youth act must be interpreted and construed to effectuate the following express legislative purposes:

(1) to protect the public;

(2) to hold youth who commit offenses that may be filed directly in district court pursuant to 41-5-206 accountable for their actions;

(3) to provide for the custody, assessment, care, supervision, treatment, education, rehabilitation, and work and skill development of youth convicted in district court; and

(4) to comply with the legislative purposes set forth in 41-5-102 .
Mont. Code Ann. § 41-5-1502 — MT Code / Title 41 / Chapter 5 / Part 15 / Section 41-5-1502
41-5-1502 Adjudicatory hearing
Status: in_force

41-5-1502 . Adjudicatory hearing. (1) Prior to any adjudicatory hearing, the court shall determine whether the youth admits or denies the offenses alleged in the petition. If the youth denies all offenses alleged in the petition, the youth or the youth's parent, guardian, or attorney may demand a jury trial on the contested offenses. In the absence of a demand, a jury trial is waived. If the youth denies some offenses and admits others, the contested offenses may be dismissed in the discretion of the youth court judge. The adjudicatory hearing must be set immediately and accorded a preferential priority.

(2) An adjudicatory hearing must be held to determine whether the contested offenses are supported by proof beyond a reasonable doubt in cases involving a youth alleged to be delinquent or in need of intervention. If the hearing is before a jury, the jury's function is to determine whether the youth committed the contested offenses. If the hearing is before the youth court judge without a jury, the judge shall make and record findings on all issues. If the allegations of the petitions are not established at the hearing, the youth court shall dismiss the petition and discharge the youth from custody.

(3) Prior to an adjudicatory hearing before a jury, the court shall conduct an omnibus hearing in accordance with 46-13-110 .

(4) The jury trial must be conducted in accordance with Title 46, chapter 16.

(5) An adjudicatory hearing must be recorded verbatim by whatever means the court considers appropriate.

(6) The youth charged in a petition must be present at the hearing and, if brought from detention to the hearing, may not appear clothed in institutional clothing.

(7) In a hearing on a petition under this section, the general public may not be excluded, except that in the court's discretion, the general public may be excluded if the petition alleges that the youth is in need of intervention.

(8) If, on the basis of a valid admission by a youth of the allegations of the petition or after the hearing required by this section, a youth is found to be a delinquent youth or a youth in need of intervention, the court shall schedule a dispositional hearing under this chapter.

(9) When a jury trial is required in a case, it may be held before a jury selected as provided in Title 25, chapter 7, part 2, and in Rule 47, M.R.Civ.P.
Mont. Code Ann. § 41-5-2006 — MT Code / Title 41 / Chapter 5 / Part 20 / Section 41-5-2006
41-5-2006 Judicial branch policies and procedures
Status: in_force

41-5-2006 . Judicial branch policies and procedures. The district court council, established in 3-1-1602 , shall adopt policies and procedures, subject to review by the supreme court, necessary for the youth courts, cost containment review panel, and office of court administrator to perform their duties under this chapter, including but not limited to policies and procedures for:

(1) evaluating out-of-home placements, programs, and services as provided in 41-5-2003 ;

(2) monitoring judicial districts' annual allocations provided for in 41-5-130 ;

(3) processing payments for out-of-home placements, programs, and services on behalf of the youth court;

(4) determining the amount to be allocated to the cost containment pool as provided for in 41-5-132 ;

(5) submitting judicial district plans to the office of court administrator for expending allocations from the youth court intervention and prevention account provided for in 41-5-2011 ;

(6) reviewing judicial district plans by the cost containment review panel and making recommendations to the office of court administrator on plan approval as provided for in 41-5-2012 ;

(7) monitoring youth courts to promote consistency and uniformity in the placement of juveniles referred to the youth courts; and

(8) providing one or more risk assessment tools to be used by the youth courts.
Mont. Code Ann. § 41-5-1905 — MT Code / Title 41 / Chapter 5 / Part 19 / Section 41-5-1905
41-5-1905 Allocation of grants
Status: in_force

41-5-1905 . Allocation of grants. (1) Each fiscal year, the board shall allocate grants under 41-5-1902 for distribution to eligible counties based upon:

(a) the relative population of youth residing in geographical areas of the state, as determined by the board; and

(b) the estimated cost of youth detention services in each county eligible for funding under 41-5-1902 .

(2) A county is not automatically entitled to receive a grant from funds available under 41-5-1902 .
Mont. Code Ann. § 41-5-111 — MT Code / Title 41 / Chapter 5 / Part 1 / Section 41-5-111
41-5-111 Court costs and expenses
Status: in_force

41-5-111 . Court costs and expenses. (1) Compensation for services and related expenses for counsel assigned for a party must be paid by the office of state public defender provided for in 2-15-1029 .

(2) Expenses for service of summons, notices, subpoenas, fees, and traveling expenses of witnesses, and other witness-related expenses incurred in any proceeding under the Montana Youth Court Act must be paid as provided for in 26-2-506 .

(3) Reasonable compensation of a guardian ad litem appointed by the court must be paid as provided for in 3-5-901 .

(4) Costs for transcripts and printing briefs must be paid as provided for in 3-5-604 .
Mont. Code Ann. § 41-3-1210 — MT Code / Title 41 / Chapter 3 / Part 12 / Section 41-3-1210
41-3-1210 Definitions
Status: in_force

41-3-1210 . Definitions. For the purposes of this part, the following definitions apply:

(1) "Administrative act" means a department action, omission, decision, rule, interpretation, recommendation, policy, practice, or procedure relating to child and family services.

(2) "Child and family services" means services provided by the department under this chapter.

(3) "Ombudsman" means the person holding the position of the child and family ombudsman.

(4) "Request for assistance" means a request by a person asking the ombudsman for assistance in protecting the rights or interests of a child or family in this state.
Mont. Code Ann. § 41-5-2005 — MT Code / Title 41 / Chapter 5 / Part 20 / Section 41-5-2005
41-5-2005 Youth placement committee recommendation to youth court judge -- acceptance or rejection
Status: in_force

41-5-2005 . Youth placement committee recommendation to youth court judge -- acceptance or rejection. (1) (a) Prior to commitment of a youth to the legal custody of the youth court under 41-5-1512 or 41-5-1513 , a youth placement committee may be established as provided for in 41-5-121 . Except as provided in subsection (1)(b), the committee, if established, shall submit in writing to the youth court judge its primary and alternative recommendations for placement of the youth.

(b) An alternative recommendation is unnecessary if the committee's recommendation is placement in a correctional facility.

(2) The committee shall first consider placement of the youth in a community-based facility or program and shall give priority to placement of the youth in a facility or program located in the state of Montana.

(3) If in-state alternatives for placement of the youth are inappropriate, the committee may recommend an out-of-state placement. The committee shall state in its recommendation the reasons why in-state services are not appropriate.

(4) The primary and alternative recommendations of the youth placement committee must be for similar facilities or programs. The youth court may require a youth placement committee to reevaluate a youth if the recommended placements are dissimilar.

(5) If the youth court rejects both of the committee's recommendations, it shall promptly notify the committee in writing of the reasons for rejecting the recommendations and shall make an appropriate placement for the youth.

(6) The youth court may not order a placement or change of placement that results in a deficit in the annual allocation established for that district under 41-5-130 without approval from the office of court administrator.

(7) The youth court shall evaluate the cost of the placement or change of placement and ensure that the placement or change of placement will not overspend the annual allocation provided by the office of court administrator under 41-5-130 .
Mont. Code Ann. § 41-3-1003 — MT Code / Title 41 / Chapter 3 / Part 10 / Section 41-3-1003
41-3-1003 Establishment of board -- definition -- membership
Status: in_force

41-3-1003 . Establishment of board -- definition -- membership. (1) As used in this part, "board" means a citizen review board appointed as provided in this section.

(2) Subject to the availability of funds, a district court judge who has indicated in writing an interest in having a board shall establish at least one board in the judicial district to review the case of each child in the custody of the department and in foster care. A board may review a case of a child who remains in or returns to the child's home and for whom the department retains legal custody.

(3) A board is composed of at least three and not more than five members appointed by the district court judges. Each member appointed must be sworn in by a judge of the judicial district to which the member is appointed to serve.

(4) The board must be appointed according to the following guidelines:

(a) Members of a board must be recruited from groups with special knowledge of or interest in foster care and child welfare.

(b) As far as practicable, members of a board shall represent the various socioeconomic and ethnic groups of the area served. Boards should include tribal representatives whenever possible.

(c) A person employed by the department who has a direct conflict of interest may not serve on a board.

(d) A member of a board must be a resident of one of the counties of the judicial district that the member is appointed to serve.

(5) The members of a board must be willing to serve without compensation.
Mont. Code Ann. § 41-3-431 — MT Code / Title 41 / Chapter 3 / Part 4 / Section 41-3-431
41-3-431 Discovery procedure
Status: in_force

41-3-431 . Discovery procedure. (1) On request of a parent who is a party to a proceeding under Title 40 or Title 41, the department shall, pursuant to Rules 26 through 37 of the Montana Rules of Civil Procedure, make available for examination and reproduction the following material and information within the department's possession or control:

(a) the names, addresses, and statements of all persons who the department may call to provide testimony;

(b) all written or oral statements, reports, case notes, correspondence, evaluations, interviews, and documentation produced by the department or in the department's possession that addresses the parent or child;

(c) all written reports or statements of experts who have personally examined the child or any evidence, together with the results of any physical or psychological examinations;

(d) all papers, documents, photographs, videotapes, or tangible objects that the department may use at trial or that were obtained from or purportedly belong to the parent; and

(e) all material or information that tends to support, mitigate, or negate the department's case concerning the custody of and parental rights to the child.

(2) The department may impose reasonable conditions, including an appropriate stipulation concerning the chain of custody, to protect physical evidence produced under subsection (1)(d).

(3) The department's obligation of disclosure extends to material and information in the possession or control of members of the department's staff and of any other persons who have participated in the investigation or evaluation of a case.

(4) On motion showing that the parent has requested discovery relevant to the preparation of a case for additional material or information not otherwise provided for and that the parent is unable to obtain the substantial equivalent by other means, the court shall order the department or any person to make it available to the parent.

(5) If at any time during the course of the proceeding it is brought to the attention of the court that a party has failed to comply with any of the provisions of this section or any order issued pursuant to this section, the court may order any remedy that it finds just under the circumstances, including but not limited to:

(a) ordering disclosure of the information not previously disclosed;

(b) granting a continuance;

(c) holding a witness, party, or counsel in contempt for an intentional violation; or

(d) precluding a party from calling a witness, offering evidence, or raising a defense not disclosed.

(6) The identity of any person who reported or provided information on an alleged child abuse or neglect incident is protected from disclosure as provided under 41-3-205 .

(7) Any materials furnished to an attorney under this section may not be disclosed to the public but may be disclosed to others only to the extent necessary for the proper conduct of the case.

(8) If at any time after a disclosure has been made the department discovers additional material or information that would be subject to disclosure had it been known at the time of disclosure, the department shall promptly notify the parent of the existence of the additional material or information and make an appropriate disclosure.
Mont. Code Ann. § 41-3-115 — MT Code / Title 41 / Chapter 3 / Part 1 / Section 41-3-115
41-3-115 Foster care review committee -- foster care reviews -- permanency hearings
Status: in_force

41-3-115 . Foster care review committee -- foster care reviews -- permanency hearings. (1) Except as provided in Title 41, chapter 3, part 10, in every judicial district the district court judge, in consultation with the department, shall appoint a foster care review committee. The foster care review committee shall conduct foster care reviews as provided in this section and may, at the discretion of the court and absent an objection by a party to the proceeding, conduct permanency hearings as provided in 41-3-445 .

(2) (a) The members of the committee must be willing to act without compensation. The committee must be composed of not less than three or more than seven members. To the extent practicable, the members of the committee must be representatives of the various socioeconomic, racial, and ethnic groups of the area served.

(b) The members must include:

(i) one representative of the department who may not be responsible for the placement of the child or have any other direct conflict of interest;

(ii) a person who is knowledgeable in the needs of children in foster care placements and who is not employed by the department or the youth court; and

(iii) if the child whose care is under review is an Indian child, a person, preferably an Indian person, who is knowledgeable about Indian cultural and family matters and who is appointed effective only for and during that review.

(c) Members may also include but are not limited to:

(i) a representative of the youth court;

(ii) a representative of a local school district;

(iii) a public health nurse;

(iv) an at-large community member with knowledge of child protective services.

(3) (a) When a child is in foster care under the supervision of the department or if payment for care is made pursuant to 52-2-611 , the committee shall conduct a review of the foster care status of the child. The review must be conducted within the time limit established under the Adoption and Safe Families Act of 1997, 42 U.S.C. 675(5).

(b) The committee shall hear the case of each child in foster care to review issues that are germane to the goals of permanency and to accessing appropriate services for parents and children. In evaluating the accessibility, availability, and appropriateness of services, the committee shall consider:

(i) the safety, history, and specific needs of the child;

(ii) whether an involved agency has selected services specifically relevant to the problems and needs of the child and family;

(iii) whether appropriate services have been available to the child and family on a timely basis; and

(iv) the results of intervention.

(c) If the department has placed a child in foster care in another state, the committee shall consider whether the placement is appropriate and in the best interests of the child. In the case of a child who will not be returned to the parent, the committee shall consider both in-state and out-of-state placement options.

(d) The committee may hear the case of a child who remains in or returns to the child's home and for whom the department retains legal custody.

(4) (a) Prior to the beginning of the review, reasonable notice of each review must be sent to the following:

(i) the parents of the child or their attorneys;

(ii) if applicable, the foster parents, a relative caring for the child, the preadoptive parents, or the surrogate parents;

(iii) the child who is the subject of the review if the child is 12 years of age or older;

(iv) the child's attorney, if any;

(v) the guardian ad litem;

(vi) the court-appointed attorney or special advocate of the child; and

(vii) the child's Indian tribe if the child is an Indian.

(b) When applicable, notice of each review may be sent to other interested persons who are authorized by the committee to receive notice.

(c) All persons receiving notice are subject to the confidentiality provisions of 41-3-205 .

(d) If a foster care review is held in conjunction with a permanency hearing, notice of both proceedings must be provided.

(e) If a foster care review is held in conjunction with a permanency hearing, notice must be provided to the attorney who initiated the child abuse or neglect proceedings.

(5) The committee may elect to hold joint or separate reviews for groups of siblings, but findings and recommendations made by the committee must be specific to each child.

(6) After reviewing each case, the committee shall prepare written findings and recommendations with respect to:

(a) the continuing need for the placement and the appropriateness and safety of the placement;

(b) compliance with the case plan;

(c) the progress that has been made toward alleviating the need for placement;

(d) a likely date by which the child may be returned home or by which a permanent placement may be finalized.

(7) Following the permanency hearing, the committee shall send copies of its minutes and written findings and recommendations to the court and to the parties. If a party objects to the findings and recommendations, the party may within 10 days serve written objections upon the other party and file them with the court. A request for a hearing before the court upon the objections may be made by a party by motion. The court, after hearing the objections or upon its own motion and without objection, may adopt the findings and recommendations and shall issue an appropriate order.

(8) Because of the individual privacy involved, meetings of the committee, reports of the committee, and information on individuals' cases shared by committee members are confidential and subject to the confidentiality requirements of the department.

(9) The committee is subject to the call of the district court judge to meet and confer with the judge on all matters pertaining to the foster care of a child before the district court.
Mont. Code Ann. § 41-5-1423 — MT Code / Title 41 / Chapter 5 / Part 14 / Section 41-5-1423
41-5-1423 Appeals
Status: in_force

41-5-1423 . Appeals. (1) Any party other than the state may appeal from a judgment of the court to the supreme court in the manner provided by law. The appeal shall be heard by the supreme court upon the files, records, and transcript of the evidence of the juvenile court.

(2) The appeal to the supreme court does not stay the judgment appealed from, but the supreme court may order a stay upon application and hearing consistent with the provisions of this chapter if suitable provision is made for the care and custody of the youth. If the order appealed from grants the legal custody of the youth to or withholds it from one or more of the parties to the appeal, the appeal shall be heard at the earliest practicable time.
Mont. Code Ann. § 41-1-301 — MT Code / Title 41 / Chapter 1 / Part 3 / Section 41-1-301
41-1-301 Delegation of power by minors forbidden
Status: in_force

41-1-301 . Delegation of power by minors forbidden. A minor cannot give a delegation of power.
Mont. Code Ann. § 41-5-132 — MT Code / Title 41 / Chapter 5 / Part 1 / Section 41-5-132
41-5-132 Cost containment pool -- allocation of appropriated funds -- allocation from pool -- deposit of unexpended funds
Status: in_force

41-5-132 . Cost containment pool -- allocation of appropriated funds -- allocation from pool -- deposit of unexpended funds. (1) (a) The office of court administrator shall establish a cost containment pool. After considering the cost containment review panel's recommendation as provided for in subsection (1)(b), the office of court administrator shall allocate to the cost containment pool at the beginning of each fiscal year not less than $1 million from the funds appropriated for juvenile placements.

(b) The cost containment review panel shall submit to the office of court administrator a recommended amount to be allocated to the cost containment pool at least 1 month prior to the start of each fiscal year. The cost containment review panel shall establish a methodology for determining the recommended amount to be allocated to the cost containment pool.

(2) Before a judicial district exceeds its annual allocation under 41-5-130 for juvenile out-of-home placements, programs, and services, the judicial district shall submit to the cost containment review panel a request for an allocation from the cost containment pool. After reviewing the request, the cost containment review panel shall recommend to the office of court administrator whether an allocation from the cost containment pool should be made to the judicial district. After considering the cost containment review panel's recommendation, the office of court administrator may approve the judicial district's request and disburse funds from the pool for expenditure by the judicial district.

(3) (a) According to criteria and procedures established by the cost containment review panel, the cost containment review panel may authorize an allocation from the cost containment pool to the department for a request submitted under subsection (3)(b).

(b) The department may request that the cost containment review panel reimburse the department from the cost containment pool for costs incurred under 41-5-1504 (3) for placing a youth found to be suffering from a mental disorder, including costs for transporting the youth. Before requesting reimbursement, the department shall expend any federal funds available for the youth's care for which the department has spending authority and private insurance payments received for the youth's treatment.

(4) In addition to any disbursement made by the office of court administrator under subsection (2) or (3), the office may expend funds from the cost containment pool to:

(a) reimburse cost containment review panel members or alternates for travel expenses, as provided in 2-18-501 through 2-18-503 , and to pay the actual costs incurred in conducting a cost containment review panel meeting, excluding salary and benefits for employees providing support services to the cost containment review panel; and

(b) conduct an evaluation of out-of-home placements, programs, and services as provided in 41-5-2003 . The office of court administrator may not expend more than $50,000 each year from the cost containment pool to conduct the evaluation.

(5) The office of court administrator shall deposit any amount remaining in the cost containment pool at the end of each fiscal year into the youth court intervention and prevention account provided for in 41-5-2011 .
Mont. Code Ann. § 41-3-208 — MT Code / Title 41 / Chapter 3 / Part 2 / Section 41-3-208
41-3-208 Rulemaking authority
Status: in_force

41-3-208 . Rulemaking authority. (1) The department of public health and human services shall adopt rules to govern the procedures used by department personnel in preparing and processing reports and in conducting investigations and safety and risk assessments authorized by this chapter.

(2) The department shall adopt rules to govern the retention period and disclosure of safety and risk assessments and associated case records containing information related to reports and investigations of child abuse and neglect.

(3) The department shall adopt rules specifying the procedure to be used for the release and disclosure of records as provided in 41-3-205 (5). In adopting the rule, the department shall collaborate with the attorney general, the office of the child and family ombudsman, and appropriate county attorneys, law enforcement agencies, and county or regional interdisciplinary child information and school safety teams established pursuant to 52-2-211 .
Mont. Code Ann. § 41-4-106 — MT Code / Title 41 / Chapter 4 / Part 1 / Section 41-4-106
41-4-106 Requirements for visitation, inspection, and supervision
Status: in_force

41-4-106 . Requirements for visitation, inspection, and supervision. Any requirements for visitation, inspection, or supervision of children, homes, institutions, or other agencies in another party state which may apply under 52-2-113 , 52-2-621 , and 52-2-622 are considered to be met if performed pursuant to an agreement entered into by appropriate officers or agencies of this state or a subdivision thereof as contemplated by Article V(2) of the Interstate Compact on the Placement of Children.
Mont. Code Ann. § 41-5-1902 — MT Code / Title 41 / Chapter 5 / Part 19 / Section 41-5-1902
41-5-1902 State grants to counties
Status: in_force

41-5-1902 . State grants to counties. (1) Within the limits of available funds, the board shall provide grants in accordance with 41-5-1903 through 41-5-1905 to assist counties in establishing and operating youth detention services, including but not limited to youth detention facilities, short-term detention centers, holdovers, attendant care, home detention, and programs for the transportation of youth to regional detention facilities.

(2) Grants available under subsection (1) consist of state appropriations and federal funds received by the board for the purpose of administering 41-5-1901 through 41-5-1905 .
Mont. Code Ann. § 41-2-104 — MT Code / Title 41 / Chapter 2 / Part 1 / Section 41-2-104
41-2-104 Exemptions
Status: in_force

41-2-104 . Exemptions. The provisions of this part do not apply to a minor who is employed:

(1) in an agricultural occupation not otherwise prohibited by this part and who has received written consent from the minor's parents or a person standing in place of the parent who works on a farm or ranch where the parent or person is also employed;

(2) in domestic service or an agricultural pursuit performed outside school hours in connection with a home or a farm owned or operated by the minor's parent or by a person standing in place of the parent;

(3) by the parent or a person standing in place of the parent;

(4) during periods of school vacations on a campsite of a nonprofit corporation engaged in citizenship training and character building;

(5) as an actor, model, or performer;

(6) outside school hours by a home owner in casual work usual to the home of the home owner and not in connection with the home owner's business, trade, or profession;

(7) by the legislature as a legislative aide or page;

(8) in the distribution or sale of or in the collection for newspapers, periodicals, or circulars; or

(9) as an official or referee for a nonprofit athletic organization. A minor who is under the age of 14 may not officiate at adult events or activities.
Mont. Code Ann. § 41-5-1906 — MT Code / Title 41 / Chapter 5 / Part 19 / Section 41-5-1906
41-5-1906 Amendment of state plan
Status: in_force

41-5-1906 . Amendment of state plan. The board shall amend the state plan required under section 223 of the federal Juvenile Justice and Delinquency Prevention Act of 1974, as amended (42 U.S.C. 5633), to reflect the contents of approved county plans for providing youth detention services.
Mont. Code Ann. § 41-5-341 — MT Code / Title 41 / Chapter 5 / Part 3 / Section 41-5-341
41-5-341 Criteria for placement of youth in secure detention facilities
Status: in_force

41-5-341 . Criteria for placement of youth in secure detention facilities. A youth may be placed in a secure detention facility only if the youth:

(1) has allegedly committed an act that if committed by an adult would constitute a criminal offense and the alleged offense is one specified in 41-5-206 ;

(2) is alleged to be a delinquent youth and:

(a) has escaped from a correctional facility or secure detention facility;

(b) has violated a valid court order or the terms and conditions of the youth's conditional release agreement;

(c) the youth's detention is required to protect persons or property;

(d) the youth has pending court or administrative action or is awaiting a transfer to another jurisdiction and may abscond or be removed from the jurisdiction of the court;

(e) there are not adequate assurances that the youth will appear for court when required; or

(f) the youth meets additional criteria for secure detention established by the youth court in the judicial district that has current jurisdiction over the youth; or

(3) has been adjudicated delinquent and is awaiting final disposition of the youth's case.
Mont. Code Ann. § 41-5-1804 — MT Code / Title 41 / Chapter 5 / Part 18 / Section 41-5-1804
41-5-1804 Regional detention facilities
Status: reserved

41-5-1804 . Regional detention facilities. (1) Two or more counties may, by contract, establish and maintain a regional detention facility.

(2) For the purpose of establishing and maintaining a regional detention facility, a county may:

(a) issue general obligation bonds for the acquisition, purchase, construction, renovation, and maintenance of a regional detention facility;

(b) subject to 15-10-420 , levy and appropriate taxes, as permitted by law, to pay its share of the cost of equipping, operating, and maintaining the facility; and

(c) exercise all powers, under the limitations prescribed by law, necessary and convenient to carry out the purposes of 41-5-1803 and this section.

(3) Contracts authorized under subsection (1) must be made pursuant to the Interlocal Cooperation Act, Title 7, chapter 11, part 1.

(4) Contracts between counties participating in a regional detention facility must:

(a) specify the responsibilities of each county participating in the agreement;

(b) designate responsibility for operation of the regional detention facility;

(c) specify the amount of funding to be contributed by each county toward payment of the cost of establishing, operating, and maintaining the regional detention facility, including the necessary expenditures for the transportation of youth to and from the facility but excluding the education costs funded by a school district pursuant to 41-5-1807 ;

(d) include the applicable per diem charge for the detention of youth in the facility, as well as the basis for any adjustment in the charge;

(e) specify the number of beds to be reserved for the use of each county participating in the regional detention facility; and

(f) provide an educational program for youth held in the detention facility and in need of that service.
Mont. Code Ann. § 41-5-1512 — MT Code / Title 41 / Chapter 5 / Part 15 / Section 41-5-1512
41-5-1512 Disposition of youth in need of intervention or youth who violate consent adjustments
Status: in_force

41-5-1512 . Disposition of youth in need of intervention or youth who violate consent adjustments. (1) If a youth is found to be a youth in need of intervention or to have violated a consent adjustment, the youth court may enter its judgment making one or more of the following dispositions:

(a) place the youth on probation. The youth court shall retain jurisdiction in a disposition under this subsection.

(b) place the youth in a residence that ensures that the youth is accountable, that provides for rehabilitation, and that protects the public. Before placement, the sentencing judge shall seek and consider placement recommendations from the youth placement committee if a committee has been established as provided for in 41-5-121 .

(c) commit the youth to the youth court for the purposes of placement in a private, out-of-home facility subject to the conditions in 41-5-1522 . In an order committing a youth to the youth court, the court shall determine whether continuation in the youth's own home would be contrary to the welfare of the youth and whether reasonable efforts have been made to prevent or eliminate the need for removal of the youth from the youth's home.

(d) order restitution for damages that result from the offense for which the youth is disposed by the youth or by the person who contributed to the delinquency of the youth;

(e) require the performance of community service;

(f) require the youth, the youth's parents or guardians, or the persons having legal custody of the youth to receive counseling services;

(g) require the medical and psychological evaluation of the youth, the youth's parents or guardians, or the persons having legal custody of the youth;

(h) require the parents, guardians, or other persons having legal custody of the youth to furnish services the court may designate;

(i) order further care, treatment, evaluation, or relief that the court considers beneficial to the youth and the community;

(j) subject to the provisions of 41-5-1504 , commit the youth to a mental health facility if, based on the testimony of a professional person as defined in 53-21-102 , the court finds that the youth is found to be suffering from a mental disorder, as defined in 53-21-102 , and meets the criteria in 53-21-126 (1);

(k) place the youth under home arrest as provided in Title 46, chapter 18, part 10;

(l) order confiscation of the youth's driver's license, if the youth has one, by the juvenile probation officer for a specified period of time, not to exceed 90 days. The juvenile probation officer shall notify the department of justice of the confiscation and its duration. The department of justice may not enter the confiscation on the youth's driving record. The juvenile probation officer shall notify the department of justice when the confiscated driver's license has been returned to the youth. A youth's driver's license may be confiscated under this subsection more than once. The juvenile probation officer may, in the juvenile probation officer's discretion and with the concurrence of a parent or guardian, return a youth's confiscated driver's license before the termination of the time period for which it had been confiscated. The confiscation may not be used by an insurer as a factor in determining the premium or part of a premium to be paid for motor vehicle insurance covering the youth or a vehicle or vehicles driven by the youth and may not be used as grounds for denying coverage for an accident or other occurrence under an existing policy.

(m) defer imposition of sentence for up to 45 days for a placement evaluation at a suitable program or facility with the following conditions:

(i) The court may not order placement for evaluation at a correctional facility of a youth who has committed an offense that would not be a criminal offense if committed by an adult or a youth who has violated a consent adjustment.

(ii) The placement for evaluation must be on a space-available basis. The court shall pay the cost of the placement for evaluation from its judicial district's allocation provided for in 41-5-130 or 41-5-2012 .

(n) order placement of a youth in a youth assessment center for up to 10 days; or

(o) order the youth to participate in mediation that is appropriate for the offense committed.

(2) The court may not order a local government entity to pay for care, treatment, intervention, or placement. A court may not order a local government entity to pay for evaluation and in-state transportation of a youth.

(3) The court may not order a state government entity to pay for care, treatment, intervention, placement, or evaluation that results in a deficit in the annual allocation established for that district under 41-5-130 without approval from the office of court administrator.

(4) Pursuant to 41-5-114 , the youth, the youth's parents, or the youth's guardian may not be required to pay a contribution covering any fees, obligations, or costs as part of a disposition under this section.
Mont. Code Ann. § 41-6-102 — MT Code / Title 41 / Chapter 6 / Part 1 / Section 41-6-102
41-6-102 Juvenile compact administrator
Status: in_force

41-6-102 . Juvenile compact administrator. Pursuant to said compact, the governor is hereby authorized and empowered to designate an officer who shall be the compact administrator and who, acting jointly with like officers of other party states, shall promulgate rules to carry out more effectively the terms of the compact. Said compact administrator shall serve subject to the pleasure of the governor. The compact administrator is hereby authorized, empowered, and directed to cooperate with all departments, agencies, and officers of and in the government of this state and its subdivisions in facilitating the proper administration of the compact or of any supplementary agreement or agreements entered into by this state thereunder.
Mont. Code Ann. § 41-5-1907 — MT Code / Title 41 / Chapter 5 / Part 19 / Section 41-5-1907
41-5-1907 Compliance with federal requirements
Status: in_force

41-5-1907 . Compliance with federal requirements. The board shall administer federal funds available under section 222 of the federal Juvenile Justice and Delinquency Prevention Act of 1974, as amended (42 U.S.C. 5632), in compliance with the requirements of 42 U.S.C. 5633(a)(21) and 42 U.S.C. 5674.
Mont. Code Ann. § 41-1-601 — MT Code / Title 41 / Chapter 1 / Part 6 / Section 41-1-601
41-1-601 Best interests of child -- factors to consider
Status: in_force

41-1-601 . Best interests of child -- factors to consider. (1) In any circumstance in which the best interests of a child must be determined, the following factors, to the extent they are present, must be considered but are not exhaustive:

(a) the physical and emotional safety of the child;

(b) the temperament and developmental needs of the child;

(c) the capacity and the disposition of the parents to understand and meet the needs of the child;

(d) any relevant and material information obtained from the child, including the informed preferences of the child;

(e) the wishes of the child's parents as to custody;

(f) the past and current interaction and relationship of the child with each parent, the child's siblings, and any other person who may significantly affect the best interests of the child;

(g) the importance of family integrity, the emotional ties, and relationships between the child and the child's parents, siblings, family, household members, or other caregivers;

(h) the willingness and ability of each parent to facilitate and encourage a continuing parent-child relationship between the child and the other parent as is appropriate, including compliance with any court orders;

(i) any manipulation by or coercive behavior of the parents in an effort to involve the child in the parents' dispute;

(j) the ability of each parent to be actively involved in the life of the child;

(k) the child's adjustment to the child's home, school, and community environments;

(l) the capacity of the parents to provide a stable home and adequate food, clothing, and medical care, which may not be based solely on the socioeconomic status of a parent;

(m) the mental and physical health of all individuals involved, except that a disability of a proposed custodial parent or other party, in and of itself, may not be determinative of custody unless the proposed custodial arrangement is not in the best interests of the child;

(n) the child's cultural background;

(o) the effect on the child exposed to an offense identified in 45-5-202 , 45-5-206 , 45-5-213 , or 45-5-215 against a partner or family member in the presence of the child by a predominant aggressor;

(p) whether the child or a sibling of the child has been abused or neglected as defined in 41-3-102 ; and

(q) whether the party satisfactorily completes participation in a parenting education program established pursuant to a court directive.

(2) A court is not required to assign any weight to any of the factors that it considers but shall articulate the basis for its decision.
Mont. Code Ann. § 41-3-442 — MT Code / Title 41 / Chapter 3 / Part 4 / Section 41-3-442
41-3-442 Temporary legal custody
Status: in_force

41-3-442 . Temporary legal custody. (1) If a child is found to be a youth in need of care under 41-3-437 , the court may grant temporary legal custody under 41-3-438 if the court determines by a preponderance of the evidence that:

(a) dismissing the petition would create a substantial risk of harm to the child or would be a detriment to the child's physical or psychological well-being; and

(b) unless there is a finding that reasonable efforts are not required pursuant to 41-3-423 , reasonable services have been provided to the parent or guardian to prevent the removal of the child from the home or to make it possible for the child to safely return home.

(2) An order for temporary legal custody may be in effect for no longer than 6 months.

(3) The granting of temporary legal custody to the department allows the department to place a child in care provided by a custodial or noncustodial parent, kinship foster home, youth foster home, youth group home, youth shelter care facility, or institution.

(4) Before the expiration of the order for temporary legal custody, the county attorney, the attorney general, or an attorney hired by the county shall petition for one of the following:

(a) an extension of temporary legal custody, not to exceed 6 months, upon a showing that:

(i) additional time is necessary for the parent or guardian to successfully complete a treatment plan; or

(ii) continuation of temporary legal custody is necessary because of the child's individual circumstances;

(b) continued temporary placement of the child with the noncustodial parent, superseding any existing custodial order;

(c) termination of the parent-child legal relationship and:

(i) permanent legal custody with the right of adoption;

(ii) permanent placement of the child with the noncustodial parent, superseding any existing custodial order; or

(iii) appointment of a guardian pursuant to 41-3-607 ;

(d) long-term custody when the child is in a planned permanent living arrangement pursuant to 41-3-445 ;

(e) appointment of a guardian pursuant to 41-3-444 ; or

(f) dismissal.

(5) The court may continue an order for temporary legal custody pending a hearing on a petition provided for in subsection (2).

(6) If an extension of temporary legal custody is granted to the department, the court shall state the reasons why the child was not returned home and the conditions upon which the child may be returned home and shall specifically find that an extension is in the child's best interests.

(7) If the time limitations of this section are not met, the court shall review the reasons for the failure and order an appropriate remedy that considers the best interests of the child.

(8) In implementing the policy of this section, the child's health and safety are of paramount concern.

(9) A petition requesting temporary legal custody must be served as provided in 41-3-422 .
Mont. Code Ann. § 41-3-1211 — MT Code / Title 41 / Chapter 3 / Part 12 / Section 41-3-1211
41-3-1211 Powers and duties
Status: in_force

41-3-1211 . Powers and duties. The powers and duties of the ombudsman are:

(1) to respond to requests for assistance regarding administrative acts and to investigate administrative acts;

(2) to investigate circumstances surrounding reports that are provided to the ombudsman pursuant to 41-3-209 ;

(3) to inspect, copy, or subpoena records as needed to perform the ombudsman's duties under this part;

(4) to take appropriate steps to ensure that persons are made aware of the purpose, services, and procedures of the ombudsman and how to contact the ombudsman;

(5) to share relevant findings related to an investigation, subject to disclosure restrictions and confidentiality requirements, with individuals or entities legally authorized to receive, inspect, or investigate reports of child abuse or neglect;

(6) based on the investigations conducted, to provide oversight of the department's systems and policies for handling abuse and neglect cases;

(7) to periodically review department procedures and promote best practices and effective programs by working in consultation with the department to improve procedures, practices, and programs;

(8) to undertake, participate in, and consult with persons and the department in activities, including but not limited to conferences, inquiries, panels, meetings, or studies, that serve to improve the manner in which the department functions;

(9) to provide education on the legal rights of children;

(10) to apply for and accept grants, gifts, contributions, and bequests of funds for the purpose of carrying out the ombudsman's responsibilities; and

(11) to report annually to the attorney general and the children, families, health, and human services interim committee in accordance with 5-11-210 . The report must be public and may contain recommendations from the ombudsman regarding systemic improvements for the department.
Mont. Code Ann. § 41-2-109 — MT Code / Title 41 / Chapter 2 / Part 1 / Section 41-2-109
41-2-109 Exemptions from prohibited occupations in agriculture
Status: in_force

41-2-109 . Exemptions from prohibited occupations in agriculture. (1) The prohibitions from employment in agricultural operations provided for in 41-2-106 (7) do not apply to the employment of a student-learner who is 14 or 15 years of age if all of the following requirements are met:

(a) The student-learner is enrolled in a K-12 career and vocational/technical education training program in agriculture under a recognized state or local educational authority or in a substantially similar program conducted by a private school.

(b) The student-learner is employed under a written agreement, providing that:

(i) the work is incidental to training;

(ii) the work is under the direct and close supervision of a qualified and experienced person;

(iii) safety instruction is given by the school and correlated by the employer with on-the-job training; and

(iv) a schedule of organized and progressive work processes to be performed on the job has been prepared.

(c) The written agreement contains the name of the student-learner and is signed by the employer and by a person authorized to represent the educational authority or school.

(d) Copies of each agreement are kept on file both by the educational authority or school and by the employer.

(2) The prohibitions in 41-2-106 (7) do not apply to the employment of a minor who is 14 or 15 years of age in those occupations in which the minor has successfully completed a work training program, including safety instruction and training in the use of machinery, under the 4-H program of the federal extension service, a program of the United States department of education, or a similar program if the safety program has been approved by the department and if the minor is employed outside school hours on the equipment for which the minor has been trained.
Mont. Code Ann. § 41-3-604 — MT Code / Title 41 / Chapter 3 / Part 6 / Section 41-3-604
41-3-604 When petition to terminate parental rights required
Status: in_force

41-3-604 . When petition to terminate parental rights required. (1) If a child has been in foster care under the physical custody of the state for 15 months of the most recent 22 months, the best interests of the child must be presumed to be served by termination of parental rights. If a child has been in foster care for 15 months of the most recent 22 months or if the court has found that reasonable efforts to preserve or reunify a child with the child's parent or guardian are not required pursuant to 41-3-423 , a petition to terminate parental rights must be filed unless:

(a) the child is being cared for by a relative;

(b) the department has not provided the services considered necessary for the safe return of the child to the child's home; or

(c) the department has documented a compelling reason, available for court review, for determining that filing a petition to terminate parental rights would not be in the best interests of the child.

(2) Compelling reasons for not filing a petition to terminate parental rights include but are not limited to the following:

(a) There are insufficient grounds for filing a petition.

(b) There is adequate documentation that termination of parental rights is not the appropriate plan and not in the best interests of the child.

(3) If a child has been in foster care for 15 months of the most recent 22 months and a petition to terminate parental rights regarding that child has not been filed with the court, the department shall file a report to the court or review panel at least 3 days prior to the next hearing or review detailing the reasons that the petition was not filed.

(4) If a hearing results in a finding of abandonment or that the parent has subjected the child to any of the circumstances listed in 41-3-423 (2)(a) through (2)(e) and that reasonable efforts to provide preservation or reunification are not necessary, unless there is an exception made pursuant to subsections (1)(a) through (1)(c) of this section, a petition to terminate parental rights must be filed within 60 days of the finding.

(5) If an exception in subsections (1)(a) through (1)(c) of this section applies, a petition for an extension of temporary legal custody pursuant to 41-3-438 , a petition for long-term custody pursuant to 41-3-445 , or a petition to dismiss must be filed.

(6) A hearing on a petition for termination of parental rights must be held no later than 45 days from the date the petition was served on the parent or parents, except for good cause shown.
Mont. Code Ann. § 41-2-103 — MT Code / Title 41 / Chapter 2 / Part 1 / Section 41-2-103
41-2-103 Definitions
Status: in_force

41-2-103 . Definitions. As used in this part, the following definitions apply:

(1) "Agriculture" means:

(a) all aspects of farming, including the cultivation and tillage of the soil;

(b) (i) dairying; and

(ii) the production, cultivation, growing, and harvesting of any agricultural or horticultural commodities, including commodities defined as agricultural commodities in the federal Agricultural Marketing Act, 12 U.S.C. 1141j(g);

(c) the raising of livestock, bees, fur-bearing animals, or poultry; and

(d) any practices, including forestry or lumbering operations, performed by a farmer or on a farm as an incident to or in conjunction with farming operations, including preparation for market or delivery to storage, to market, or to carriers for transportation to market.

(2) "Department" means the department of labor and industry provided for in 2-15-1701 .

(3) "Domestic service" means an occasional, irregular, or incidental nonhazardous occupational activity related to and conducted in or around a private residence, including but not limited to babysitting, pet sitting or similar household chore, and manual yard work. Domestic service specifically excludes industrial homework.

(4) (a) "Employed" or "employment" means an occupation engaged in, permitted, or suffered, with or without compensation in money or other valuable consideration, whether paid to the minor or to some other person, including but not limited to occupations as servant, agent, subagent, or independent contractor.

(b) The term does not include casual, community service, nonrevenue raising, uncompensated activities.

(5) "Employer" includes an individual, partnership, association, corporation, business trust, person, or group of persons acting directly or indirectly in the interest of an employer in relation to an employee.

(6) "Minor" means an individual under 18 years of age, except for an individual who:

(a) has received a high school diploma or a high school equivalency diploma;

(b) is 16 years of age or older and is enrolled in a registered state or federal apprenticeship program; or

(c) is 16 years of age or older and is a student-employee under the direct and close supervision of a qualified and experienced person with experience in the occupation in which the minor is employed as provided in 41-2-110 .

(7) "Occupation" means:

(a) an occupation, service, trade, business, or industry in which employees are employed;

(b) any branch or group of industries in which employees are employed; or

(c) any employment or class of employment in which employees are employed.
Mont. Code Ann. § 41-5-332 — MT Code / Title 41 / Chapter 5 / Part 3 / Section 41-5-332
41-5-332 Custody -- hearing for probable cause
Status: in_force

41-5-332 . Custody -- hearing for probable cause. (1) When a youth is taken into custody, a hearing to determine whether there is probable cause to believe the youth is a delinquent youth or a youth in need of intervention must be held within 24 hours, excluding weekends and legal holidays. A hearing is not required if the youth is released prior to the time of the required hearing.

(2) When a youth is taken into custody for a violation of placement under a home arrest program, a hearing to determine whether a violation occurred must be held within 24 hours, excluding weekends and holidays.

(3) The probable cause hearing required under subsection (1) may be held in person or by videoconference by the youth court, a justice of the peace, a municipal or city judge, or a magistrate having jurisdiction in the case as provided in 41-5-203 . If the probable cause hearing is held by a justice of the peace, a municipal or city judge, or a magistrate, a record of the hearing must be made by a court reporter or by a tape recording of the hearing or by an audio-video tape if the hearing is held by videoconference.

(4) A probable cause hearing may be conducted by telephone if other means of conducting the hearing are impractical. All written orders and findings of the court in a hearing conducted by telephone must bear the name of the judge or magistrate presiding in the case and the hour and date the order or findings were issued.

(5) A hearing is required for a youth placed in detention for an alleged violation of the terms and conditions of the youth's conditional release agreement.
Mont. Code Ann. § 41-5-1706 — MT Code / Title 41 / Chapter 5 / Part 17 / Section 41-5-1706
41-5-1706 Juvenile probation officer training
Status: in_force

41-5-1706 . Juvenile probation officer training. (1) The office of court administrator may conduct a 40-hour juvenile probation officer basic training program and other training programs and courses for juvenile probation officers.

(2) A juvenile probation officer who successfully completes the 40-hour basic training program or another program or course must be issued a certificate by the office of court administrator.

(3) Each chief juvenile probation officer and deputy juvenile probation officer shall obtain 16 hours a year of training in subjects relating to the powers and duties of juvenile probation officers.
Mont. Code Ann. § 41-5-1422 — MT Code / Title 41 / Chapter 5 / Part 14 / Section 41-5-1422
41-5-1422 Modification of court orders -- notice to department -- hearing
Status: in_force

41-5-1422 . Modification of court orders -- notice to department -- hearing. (1) An order of the court may be modified at any time.

(2) In the case of a youth committed to the department, an order pertaining to the youth may be modified only upon notice to the department and a subsequent hearing.
Mont. Code Ann. § 41-3-1011 — MT Code / Title 41 / Chapter 3 / Part 10 / Section 41-3-1011
41-3-1011 Board recommendations concerning foster care services and policy considerations
Status: in_force

41-3-1011 . Board recommendations concerning foster care services and policy considerations. In addition to reviewing individual cases of children in foster care, a board may make recommendations to the district court and to the department concerning foster care services, policies, procedures, and laws. Recommendations must be in writing and must be provided to the department.
Mont. Code Ann. § 41-5-1601 — MT Code / Title 41 / Chapter 5 / Part 16 / Section 41-5-1601
41-5-1601 Short title
Status: in_force

41-5-1601 . Short title. This part may be cited as the "Extended Jurisdiction Prosecution Act".
Mont. Code Ann. § 41-5-122 — MT Code / Title 41 / Chapter 5 / Part 1 / Section 41-5-122
41-5-122 Duties of youth placement committee
Status: in_force

41-5-122 . Duties of youth placement committee. A youth placement committee shall:

(1) review all information relevant to the placement of a youth;

(2) consider available resources appropriate to meet the needs of the youth;

(3) consider the treatment recommendations of any professional person who has evaluated the youth;

(4) consider options for the financial support of the youth;

(5) recommend in writing to the youth court judge or the department an appropriate placement for the youth, considering the age and treatment needs of the youth and the relative costs of care in facilities considered appropriate for placement. A committee shall consider placement in a licensed facility, at a correctional facility, or with a parent, other family member, or guardian.

(6) review temporary and emergency placements as required under 41-5-124 ; and

(7) conduct placement reviews at least every 6 months and at other times as requested by the youth court.
Mont. Code Ann. § 41-3-103 — MT Code / Title 41 / Chapter 3 / Part 1 / Section 41-3-103
41-3-103 Jurisdiction and venue
Status: in_force

41-3-103 . Jurisdiction and venue. (1) Except as provided in the federal Indian Child Welfare Act or the Montana Indian Child Welfare Act provided for in Title 41, chapter 3, part 13, in all matters arising under this chapter, a person is subject to a proceeding under this chapter and the district court has jurisdiction over:

(a) a youth who is within the state of Montana for any purpose;

(b) a youth or other person subject to this chapter who under a temporary or permanent order of the court has voluntarily or involuntarily left the state or the jurisdiction of the court;

(c) a person who is alleged to have abused or neglected a youth who is in the state of Montana for any purpose;

(d) a youth or youth's parent or guardian who resides in Montana;

(e) a youth or youth's parent or guardian who resided in Montana within 180 days before the filing of a petition under this chapter if the alleged abuse and neglect is alleged to have occurred in whole or in part in Montana.

(2) (a) Venue is proper in the county where a youth is located or has resided within 180 days before the filing of a petition under this part or a county where the youth's parent or guardian resides or has resided within 180 days before the filing of a petition under this part.

(b) Unless a case is approved for transfer to a tribal court or treatment court, a court may deny a motion to change venue either for good cause or if transferring venue will result in delaying a child's permanency.
Mont. Code Ann. § 41-5-1901 — MT Code / Title 41 / Chapter 5 / Part 19 / Section 41-5-1901
41-5-1901 Definitions
Status: in_force

41-5-1901 . Definitions. As used in this part, unless the context requires otherwise, the following definitions apply:

(1) "Attendant care" means the direct supervision of youth by a trained attendant in a physically unrestricting setting.

(2) "Board" means the board of crime control provided for in 2-15-2008 .

(3) "County" means a county, city-county consolidated government, or a youth detention region created pursuant to 41-5-1805 .

(4) "Home detention" means the use of a youth's home for the purpose of ensuring the continued custody of the youth pending adjudication or final disposition of the youth's case.

(5) "Plan" means a county plan for providing youth detention services as required in 41-5-1903 .

(6) "Secure detention" means the detention of youth in a physically restricting facility designed to prevent a youth from departing at will.

(7) "Youth detention service" means service for the detention of youth in facilities separate from adult jails. The term includes the services described in 41-5-1902 .
Mont. Code Ann. § 41-3-451 — MT Code / Title 41 / Chapter 3 / Part 4 / Section 41-3-451
41-3-451 Exemption from placement preferences
Status: in_force

41-3-451 . Exemption from placement preferences. (1) Good cause exists to not follow the placement preferences described in 41-3-450 if one or more of the following circumstances is present:

(a) a child's parent or legal guardian attests that the parent or legal guardian has reviewed the placement preferences and requests a placement that does not follow the order of preference;

(b) a child who is of sufficient age and capacity to understand the decision requests a placement that does not follow the order of preference;

(c) a sibling attachment exists that may be maintained only through a particular placement;

(d) the extraordinary physical, mental, or emotional needs of the child, such as specialized treatment services that may be unavailable in the community where families who meet the placement preferences live, require a particular placement; or

(e) a suitable placement meeting the placement preferences is not available after a diligent search was conducted. The determination that a suitable placement is not available must conform to the prevailing social and cultural standards of the community in which the child's parent or legal guardian or extended family resides or to which the child's parent or legal guardian or extended family members maintain social and cultural ties.

(2) Good cause does not exist to depart from the preferences described in 41-3-450 based on the socioeconomic status of any placement relative to another placement.
Mont. Code Ann. § 41-5-1414 — MT Code / Title 41 / Chapter 5 / Part 14 / Section 41-5-1414
41-5-1414 Right to confront witnesses
Status: in_force

41-5-1414 . Right to confront witnesses. In a proceeding on a petition, a party is entitled to:

(1) the opportunity to introduce evidence and otherwise be heard on the party's own behalf;

(2) confront and cross-examine witnesses testifying against the party; and

(3) admit or deny the allegations against the party in the petition.
Mont. Code Ann. § 41-5-349 — MT Code / Title 41 / Chapter 5 / Part 3 / Section 41-5-349
41-5-349 Youth not to be detained in jail -- exceptions -- time limitations
Status: in_force

41-5-349 . Youth not to be detained in jail -- exceptions -- time limitations. (1) A youth may not be detained or otherwise placed in a jail or other adult detention facility except as provided in 41-5-206 and this section.

(2) A youth who has allegedly committed an offense that if committed by an adult would constitute a criminal offense may be temporarily detained in a jail or other adult detention facility for a period not to exceed:

(a) 6 hours, but in no case overnight, for the purpose of identification, processing, or transfer of the youth to an appropriate detention facility or shelter care facility; or

(b) 24 hours, excluding weekends and legal holidays, if the youth is awaiting a probable cause hearing pursuant to 41-5-332 .

(3) The exception provided for in subsection (2)(b) applies only if:

(a) the court having jurisdiction over the youth is outside a metropolitan statistical area;

(b) alternative facilities are not available or alternative facilities do not provide adequate security; and

(c) the youth is kept in an area that provides physical as well as sight and sound separation from adults accused or convicted of criminal offenses.

(4) Whenever, despite all good faith efforts to comply with the time limitations specified in subsection (2), the limitations are exceeded, this circumstance does not serve as grounds for dismissal of the case nor does this circumstance constitute a defense in a subsequent delinquency or criminal proceeding.
Mont. Code Ann. § 41-3-1205 — MT Code / Title 41 / Chapter 3 / Part 12 / Section 41-3-1205
41-3-1205 Terminated
Status: in_force

41-3-1205 . Terminated. Sec. 12, Ch. 333, L. 2013.
Mont. Code Ann. § 41-3-1306 — MT Code / Title 41 / Chapter 3 / Part 13 / Section 41-3-1306
41-3-1306 Determination of Indian status -- confidentiality of records
Status: in_force

41-3-1306 . Determination of Indian status -- confidentiality of records. (1) (a) A party seeking the foster care placement of, termination of parental rights over, or adoption of a child shall use due diligence to determine whether the child is an Indian child. The inquiry must be made in consultation with:

(i) the child's parent or parents;

(ii) an individual who has custody of the child or with whom the child resides;

(iii) any other individual who reasonably may be expected to have information regarding the child's possible membership or eligibility for membership in an Indian tribe; and

(iv) any Indian tribe of which the child may be a member or may be eligible for membership. The consultation with a tribe must be made by contacting the tribe in writing.

(b) The inquiries required under this subsection (1) must be documented in the record.

(2) Preliminary contacts for the purpose of using due diligence to determine a child's possible Indian status do not constitute legal notice as required by 41-3-1311 .

(3) A court shall ask each participant in an emergency proceeding or voluntary or involuntary child custody proceeding whether the participant knows or has reason to know that the child is an Indian child. The inquiry must be made at the commencement of the proceeding and all responses must be on the record. The court shall instruct the parties to inform the court if they subsequently receive information that provides reason to know the child is an Indian child.

(4) If there is reason to know the child is an Indian child but the court does not have sufficient evidence to determine that the child is or is not an Indian child, the court shall confirm, by way of a report, declaration, or testimony included in the record, that the department or other party used due diligence to identify and work with all tribes of which there is reason to know the child may be a member or eligible for membership to verify whether the child is a member or eligible for membership.

(5) A court, on conducting the inquiry required in subsection (3), has reason to know that a child involved in an emergency proceeding or child custody proceeding may be an Indian child if:

(a) any participant in the proceeding, officer of the court involved in the proceeding, Indian tribe, Indian organization, or agency informs the court that:

(i) the child is an Indian child; or

(ii) it has discovered information indicating that the child is an Indian child;

(b) the child who is the subject of the proceeding gives the court reason to know the child is an Indian child;

(c) the court is informed that the residence or domicile of the child, the child's parent, or the child's Indian custodian is on a reservation or in an Alaska Native village;

(d) the court is informed that the child is or has been a ward of a tribal court;

(e) the court is informed that either of the parents or the child possesses an identification card indicating membership in an Indian tribe; or

(f) the court determines from additional information provided that the child may be an Indian child.

(6) (a) When seeking verification of a child's Indian status during a voluntary proceeding, the court shall keep relevant documents pertaining to the inquiry confidential and under seal if a consenting parent expresses either orally or in writing a desire for anonymity. A request for anonymity does not relieve the court, agency, or other party from any duty of compliance with this part, including the obligation to verify whether the child is an Indian child.

(b) A tribe receiving information related to an inquiry of a child's status as an Indian child must keep documents and information confidential.

(7) A written determination by an Indian tribe regarding the child's status as an Indian child is conclusive that the child is an Indian child.
Mont. Code Ann. § 41-3-132 — MT Code / Title 41 / Chapter 3 / Part 1 / Section 41-3-132
41-3-132 Volunteer program -- rulemaking -- report
Status: in_force

41-3-132 . Volunteer program -- rulemaking -- report. (1) There is established within the department a volunteer program to support child protective services activities. Volunteers must be 18 years of age or older. Volunteers are not salaried employees and are not entitled to wages and benefits.

(2) The department shall, by administrative rule:

(a) establish a registration portal for volunteers interested in supporting child protective services activities, including those related to child abuse and neglect prevention, family support, and reunification; and

(b) develop a process for referring potential volunteers to faith-based and community-based organizations offering volunteer opportunities that support child protective services activities, including those related to child abuse and neglect prevention, family support, and reunification.

(3) In accordance with 5-11-210 , the department shall report to the children, families, health, and human services interim committee regarding the department's efforts under this section.
Mont. Code Ann. § 41-5-2004 — MT Code / Title 41 / Chapter 5 / Part 20 / Section 41-5-2004
41-5-2004 Youth court duties
Status: in_force

41-5-2004 . Youth court duties. Each youth court shall:

(1) use available resources to develop alternatives for the placement of youth;

(2) use available resources for early intervention strategies for troubled youth;

(3) use a validated risk assessment instrument approved by the office of court administrator for the measurement of risk and the effectiveness of treatment or intervention services for youth pursuant to 41-5-1512 or 41-5-1513 ; and

(4) provide the legislative auditor with access to all records maintained by the youth court as otherwise permitted by law.
Mont. Code Ann. § 41-3-109 — MT Code / Title 41 / Chapter 3 / Part 1 / Section 41-3-109
41-3-109 Proceedings subject to Indian Child Welfare Acts
Status: in_force

41-3-109 . Proceedings subject to Indian Child Welfare Acts. If a proceeding under this chapter involves an Indian child, as defined in the federal Indian Child Welfare Act, 25 U.S.C. 1901, et seq., or 41-3-1303 , the proceeding is subject to the federal Indian Child Welfare Act and the Montana Indian Child Welfare Act provided for in Title 41, chapter 3, part 13.
Mont. Code Ann. § 41-3-1320 — MT Code / Title 41 / Chapter 3 / Part 13 / Section 41-3-1320
41-3-1320 Evidentiary requirements
Status: in_force

41-3-1320 . Evidentiary requirements. (1) A court may not order a foster care placement of an Indian child unless:

(a) the petitioning party has provided clear and convincing evidence that active efforts were made to provide remedial services and rehabilitative programs to prevent the breakup of an Indian family and that the efforts were unsuccessful; and

(b) clear and convincing evidence is presented, including the testimony of one or more qualified expert witnesses, to demonstrate that continued custody by the child's parent or Indian custodian is likely to result in serious emotional or physical damage to the child.

(2) The court may not terminate parental rights of the parents of an Indian child unless evidence beyond a reasonable doubt is presented that:

(a) active efforts were made to prevent the breakup of the Indian family and the efforts were unsuccessful; and

(b) continued custody of the child by the child's parent or Indian custodian is likely to result in serious emotional or physical damage to the child. The evidence must include testimony of one or more qualified expert witnesses.

(3) (a) Evidence required under this section must show a causal relationship between the specific conditions in the home and the likelihood that continued custody of the child will result in serious emotional or physical damage to the child who is the subject of the child custody proceeding.

(b) Evidence showing only the existence of community or family poverty, isolation, single parenthood, custodian age, crowded or inadequate housing, substance abuse, or nonconforming social behavior does not by itself constitute clear and convincing evidence or evidence beyond a reasonable doubt that continued custody is likely to result in serious emotional or physical damage to the child.
Mont. Code Ann. § 41-2-116 — MT Code / Title 41 / Chapter 2 / Part 1 / Section 41-2-116
41-2-116 Enforcement -- right to enter and inspect premises and records -- subpoena power
Status: in_force

41-2-116 . Enforcement -- right to enter and inspect premises and records -- subpoena power. The department shall enforce the provisions of this part and file a complaint against a person who violates the provisions of this part. The department may at any time enter and inspect any place or establishment governed by the provisions of this part and have access to employment records kept on file by the employer that may aid in the enforcement of this part. The department may subpoena documentary evidence relating to an investigation under this part.
Mont. Code Ann. § 41-5-1603 — MT Code / Title 41 / Chapter 5 / Part 16 / Section 41-5-1603
41-5-1603 Hearing on request
Status: in_force

41-5-1603 . Hearing on request. (1) When a county attorney requests that a case be designated as an extended jurisdiction juvenile prosecution under 41-5-1602 (1)(a), the court shall hold a hearing to consider the request.

(2) The hearing must be held within 30 days of the filing of the request unless good cause is shown by the county attorney or the youth that the hearing should be held later, in which case the hearing must be held within 90 days of the request.

(3) If the county attorney shows by clear and convincing evidence that designating the case as an extended jurisdiction juvenile prosecution serves public safety, the court may, within 15 days after the hearing, designate the case as an extended jurisdiction juvenile prosecution. In determining whether public safety is served, the court shall consider the factors enumerated in 41-5-1606 .
Mont. Code Ann. § 41-3-306 — MT Code / Title 41 / Chapter 3 / Part 3 / Section 41-3-306
41-3-306 Emergency protective services hearing -- exception
Status: in_force

41-3-306 . Emergency protective services hearing -- exception. (1) (a) A district court shall hold a hearing within 5 business days of a child's removal from the home pursuant to 41-3-301 to determine whether there is probable cause to continue the removal beyond 5 business days.

(b) The department shall provide notification of the hearing as required under 41-3-301 .

(c) A hearing is not required if the child is released prior to the time of the required hearing.

(2) The hearing may be held in person, by videoconference, or, if no other means are available, by telephone.

(3) The child and the child's parents, parent, guardian, or other person having physical or legal custody of the child must be represented by counsel at the hearing.

(4) If the court determines that continued out-of-home placement is needed, the court shall:

(a) establish guidelines for visitation by the parents, parent, guardian, or other person having physical or legal custody of the child pending the show cause hearing; and

(b) review the availability of options for a kinship placement and make recommendations if appropriate.

(5) The court may direct the department to develop and implement a treatment plan before the show cause hearing if the parents, parent, guardian or other person having physical or legal custody of the child stipulates to a condition subject to a treatment plan and agrees to immediately comply with the treatment plan if a plan is developed.

(6) If the court determines continued removal is not appropriate, the child must be immediately returned to the parents, parent, guardian, or other person having physical or legal custody of the child.

(7) The emergency protective services hearing is an emergency proceeding for the purposes of the federal Indian Child Welfare Act and is not subject to the notice requirements of that act.

(8) The emergency protective services hearing is an emergency proceeding for the purposes of the Montana Indian Child Welfare Act provided for in Title 41, chapter 3, part 13, and is not subject to the notice requirements of the Montana Indian Child Welfare Act.
Mont. Code Ann. § 41-5-1501 — MT Code / Title 41 / Chapter 5 / Part 15 / Section 41-5-1501
41-5-1501 Consent decree with petition
Status: in_force

41-5-1501 . Consent decree with petition. (1) (a) Subject to the provisions of subsection (2), after the filing of a petition under 41-5-1402 and before the entry of a judgment, the county attorney, the youth's legal counsel, probation services, and the necessary parties may enter into a consent decree. Except as provided in subsection (1)(b), the procedures used and dispositions permitted under this section must conform to the procedures and dispositions specified in 41-5-1302 through 41-5-1304 relating to consent adjustments without petition.

(b) A youth may be placed in detention for up to 10 days on a space-available basis at the county's expense, which is not reimbursable under part 19 of this chapter.

(2) A consent decree under this section may not be accepted by the youth court unless:

(a) the youth enters an admission of guilt for an offense set forth in the petition;

(b) the youth waives the youth's right to a jury trial;

(c) the youth court questions the youth to ensure that the youth knowingly and voluntarily enters the admission and waives the right to a jury trial; and

(d) if the youth is not represented by legal counsel, the youth court questions the youth to ensure that the youth knowingly and voluntarily waives the right to counsel.

(3) If the youth or the youth's counsel objects to a consent decree, the court shall proceed to findings, adjudication, and disposition of the case.

(4) (a) If, either prior to discharge by probation services or expiration of the consent decree, a new petition alleging that the youth is a delinquent youth or a youth in need of intervention is filed against the youth or if the youth fails to fulfill the expressed terms and conditions of the consent decree, a petition to revoke the consent decree may be filed with the youth court at the discretion of the county attorney but in consultation with probation services.

(b) Probation services is given discretion to extend a consent decree prior to a petition to revoke a consent decree being filed. In the event of revocation and on a finding by the youth court that the youth violated a consent decree, the youth court shall proceed to adjudication and disposition of the case pursuant to 41-5-1513 . A revocation of a consent decree must follow the procedures as set forth in 41-5-1431 .

(5) A youth who is discharged by probation services or who completes a period under supervision without a petition to revoke the consent decree being filed may not be adjudicated again in any court for the same offense alleged in the petition, and the original petition must be dismissed with prejudice. This subsection does not preclude a civil suit against the youth for damages arising from the youth's conduct.

(6) If the terms of the consent decree extend for a period in excess of 6 months, the juvenile probation officer shall at the end of each 6-month period submit a report that must be reviewed by the court.

(7) A consent decree with petition under this section may not be used to dispose of a youth's alleged second or subsequent offense if that offense would be a felony if committed by an adult or third or subsequent offense if that offense would be a misdemeanor if committed by an adult unless it is recommended by the county attorney and accepted by the youth court judge.

(8) For the purposes of this section, "consent decree" means an agreement to defer adjudication of the youth as delinquent youth and places the youth on supervision with probation services for a certain amount of time.
Mont. Code Ann. § 41-5-1411 — MT Code / Title 41 / Chapter 5 / Part 14 / Section 41-5-1411
41-5-1411 Appointment of guardian ad litem
Status: in_force

41-5-1411 . Appointment of guardian ad litem. The court at any stage of a proceeding on a petition under this chapter may appoint a guardian ad litem for a youth if the youth does not have a parent or guardian appearing on the youth's behalf or if the parent's or guardian's interests conflict with those of the youth. A party to the proceeding or an employee or representative of a party may not be appointed as guardian ad litem.
Mont. Code Ann. § 41-3-131 — MT Code / Title 41 / Chapter 3 / Part 1 / Section 41-3-131
41-3-131 Rulemaking authority -- management of court-ordered child support
Status: in_force

41-3-131 . Rulemaking authority -- management of court-ordered child support. (1) The department shall adopt rules necessary to carry out the purposes of this chapter.

(2) The department shall adopt rules to manage court-ordered child support to the state for children entering foster care as provided for in 41-3-446 . Rules to manage child support:

(a) may not have any adverse effects on the child; and

(b) may not impede successful achievement of the child's permanency plan.
Mont. Code Ann. § 41-1-306 — MT Code / Title 41 / Chapter 1 / Part 3 / Section 41-1-306
41-1-306 Minor may not disaffirm certain obligations
Status: in_force

41-1-306 . Minor may not disaffirm certain obligations. A minor may not disaffirm an obligation, otherwise valid, entered into by the minor under the express authority or direction of a statute or when the minor has been granted limited emancipation, including a specific right to enter into contracts, under 41-1-503 and 41-3-438 .
Mont. Code Ann. § 41-5-1413 — MT Code / Title 41 / Chapter 5 / Part 14 / Section 41-5-1413
41-5-1413 Right to counsel -- assignment of counsel
Status: in_force

41-5-1413 . Right to counsel -- assignment of counsel. In all proceedings following the filing of a petition alleging that a youth is a delinquent youth or youth in need of intervention, the youth and the parents or guardian of the youth must be advised by the court or, in the absence of the court, by its representative that the youth may be represented by counsel at all stages of the proceedings. If counsel is not retained or if it appears that counsel will not be retained for the youth, the court shall order the office of state public defender, provided for in 2-15-1029 , to assign counsel for the youth pursuant to the Montana Public Defender Act, Title 47, chapter 1, unless the right to counsel is waived by the youth and the parents or guardian. Neither the youth nor the youth's parents or guardian may waive the right to counsel after a petition has been filed if commitment to the department for a period of more than 6 months may result from adjudication.
Mont. Code Ann. § 41-1-501 — MT Code / Title 41 / Chapter 1 / Part 5 / Section 41-1-501
41-1-501 Petition for limited emancipation
Status: in_force

41-1-501 . Petition for limited emancipation. (1) A youth who is 16 years of age or older, the youth's parent, or the department of public health and human services may petition the court for an order granting limited emancipation to the youth.

(2) The petition for limited emancipation must be in writing and must set forth:

(a) the name, age, and address of the youth;

(b) the names and addresses of:

(i) the parents of the youth;

(ii) any legal guardian of the youth; or

(iii) if no parent or guardian can be found, the last-known address of the youth's parent or guardian and the name and address of the youth's nearest known relative residing in the state;

(c) that limited emancipation is in the youth's best interests;

(d) that the youth desires limited emancipation;

(e) that there exists no public interest compelling denial of limited emancipation;

(f) that the youth has, or will reasonably obtain, money sufficient to pay for financial obligations incurred as a result of limited emancipation;

(g) that the youth, as shown by prior conduct and preparation, understands and may be expected to responsibly exercise those rights and responsibilities incurred as a result of limited emancipation;

(h) that the youth has graduated or will continue to diligently pursue graduation from high school, unless circumstances clearly compel deferral of education; and

(i) that, if it is considered necessary by the court, the youth will undergo periodic counseling with an appropriate advisor.
Mont. Code Ann. § 41-3-602 — MT Code / Title 41 / Chapter 3 / Part 6 / Section 41-3-602
41-3-602 Purpose
Status: in_force

41-3-602 . Purpose. (1) This part provides procedures and criteria by which the parent-child legal relationship:

(a) may be terminated by a court if the relationship is not in the best interest of the child; or

(b) may be reinstated by a court when permanency has not been achieved for a child, the child and parent desire reinstatement, and reinstatement is in the best interest of the child.

(2) The termination of the parent-child legal relationship provided for in this part is to be used in those situations when there is a determination that a child is abused or neglected, as defined in 41-3-102 .