Mont. Code Ann. § 41-5-124 — MT Code / Title 41 / Chapter 5 / Part 1 / Section 41-5-124
41-5-124 Temporary and emergency placements -- limit
Status: in_force

41-5-124 . Temporary and emergency placements -- limit. A temporary placement of a youth in a shelter care facility for less than 45 days or an emergency placement of a youth in a youth care facility is exempt from review by the appropriate youth placement committee. If a temporary or emergency placement of a youth continues for 45 or more days, the youth court shall refer the placement of the youth to the appropriate youth placement committee for review if a committee has been established as provided for in 41-5-121 . The committee shall make a recommendation for placement to the youth court.
Mont. Code Ann. § 41-4-104 — MT Code / Title 41 / Chapter 4 / Part 1 / Section 41-4-104
41-4-104 Appropriate authority in the receiving state
Status: in_force

41-4-104 . Appropriate authority in the receiving state. As used in Article V(1) of the Interstate Compact on the Placement of Children, the phrase "appropriate authority in the receiving state", with reference to this state, means the department of public health and human services.
Mont. Code Ann. § 41-5-333 — MT Code / Title 41 / Chapter 5 / Part 3 / Section 41-5-333
41-5-333 Custody -- hearing for probable cause -- procedure
Status: in_force

41-5-333 . Custody -- hearing for probable cause -- procedure. (1) At a probable cause hearing held pursuant to 41-5-332 , the youth must be informed of the youth's constitutional rights and the youth's rights under this chapter.

(2) A youth must be represented by counsel at a probable cause hearing unless the right to counsel is waived after consultation with an attorney prior to the hearing.

(3) A parent, guardian, or custodian of the youth may be held in contempt of court for failing to be present at or to participate in the probable cause hearing unless the parent, guardian, or custodian:

(a) cannot be located through diligent efforts of the investigating peace officer or peace officers; or

(b) is excused by the court for good cause.

(4) At the probable cause hearing, a guardian ad litem may be appointed as provided in 41-5-1411 .
Mont. Code Ann. § 41-3-302 — MT Code / Title 41 / Chapter 3 / Part 3 / Section 41-3-302
41-3-302 Responsibility of providing protective services -- written prevention plans
Status: in_force

41-3-302 . Responsibility of providing protective services -- written prevention plans. (1) The department of public health and human services has the primary responsibility to provide the protective services authorized by this chapter and has the authority pursuant to this chapter to take temporary or permanent custody of a child when ordered to do so by the court, including the right to give consent to adoption.

(2) The department shall respond to emergency reports of known or suspected child abuse or neglect 24 hours a day, 7 days a week.

(3) (a) The department may provide voluntary protective services by entering into a written prevention plan with a parent, guardian, or other person having physical or legal custody of the child for the purpose of keeping the child safely in the home or for the purpose of returning the child to the home within a 30-day temporary out-of-home protective placement.

(b) The department shall inform a parent, guardian, or other person having physical or legal custody of a child who is considering entering into a written prevention plan that the parent, guardian, or other person may have another person of the parent's, guardian's, or other person's choice present whenever the terms of the written prevention plan are under discussion by the parent, guardian, or other person and the department. Reasonable accommodations must be made regarding the time and place of meetings at which a written prevention plan is discussed.

(4) A written prevention plan may include provisions for:

(a) a family engagement meeting and implementation of safety plans developed during the meeting;

(b) a professional evaluation and treatment of the parent, guardian, or other person having physical or legal custody of the child or of the child, or both;

(c) a safety plan for the child;

(d) in-home services aimed at permitting the child to remain safely in the home;

(e) temporary relocation of a parent, guardian, or other person having physical or legal custody of the child in order to permit the child to remain safely in the home;

(f) a 30-day temporary out-of-home protective placement; or

(g) any other terms or conditions agreed upon by the parties that would allow the child to remain safely in the home or allow the child to safely return to the home within the 30-day period, including referrals to other service providers.

(5) A written prevention plan is subject to termination by either party at any time. Termination of a written prevention plan does not preclude the department from filing a petition pursuant to 41-3-422 in any case in which the department determines that there is a risk of harm to a child.

(6) If a written prevention plan is terminated by a party to the agreement, a child who has been placed in a temporary out-of-home protective placement pursuant to the agreement must be returned to the parent, guardian, or other person having physical or legal custody of the child within 2 working days of termination of the agreement unless an abuse and neglect petition is filed by the department.
Mont. Code Ann. § 41-3-1329 — MT Code / Title 41 / Chapter 3 / Part 13 / Section 41-3-1329
41-3-1329 Placement preferences
Status: in_force

41-3-1329 . Placement preferences. (1) When an emergency removal, foster care placement, or preadoptive placement of an Indian child is necessary, the petitioning party shall, in the absence of good cause to the contrary, place the Indian child in the least restrictive setting that:

(a) most closely approximates a family situation;

(b) is in reasonable proximity to the Indian child's home; and

(c) allows for the Indian child's special needs, if any, to be met.

(2) In a foster care or preadoptive placement, preference must be given, in the absence of good cause to the contrary, to the Indian child's placement with one of the following, in descending order of priority:

(a) an Indian child's extended family member;

(b) a foster home licensed, approved, or specified by the Indian child's tribe;

(c) an Indian foster home licensed or approved by an authorized non-Indian licensing authority; or

(d) an institution for children approved by an Indian tribe or operated by an Indian organization that has a program suitable to meet the Indian child's needs.

(3) In the absence of good cause to the contrary, in an adoptive or other permanent placement of an Indian child, preference must be given to a placement with one of the following, in descending order of priority:

(a) extended family members;

(b) an Indian family of the same tribe as the Indian child;

(c) another Indian family.

(4) Notwithstanding the placement preferences listed in subsections (2) and (3), if a different order of placement preference is established by the Indian child's tribe, the court or agency implementing the placement shall follow the order of preference established by the tribe if the placement is in the least restrictive setting appropriate to the particular needs of the Indian child and within reasonable proximity to the child's home.

(5) When appropriate, the preference of the Indian child or the child's parent must be considered by the court.

(6) The standards to be applied in meeting the preference requirements of this section must be the prevailing social and cultural standards of the Indian community in which the parent or extended family members of an Indian child reside or with which the parent or extended family members maintain social and cultural ties.

(7) Nothing in this section prevents the department or the court from placing an Indian child with a parent to effectuate a permanency plan regardless of the parent's relationship to the Indian child's tribe.

(8) (a) If any party asserts that good cause to not follow the placement preferences exists, the reasons for that belief or assertion must be stated orally on the record or provided in writing to the parties to the child custody proceeding and the court.

(b) The party seeking departure from the placement preferences bears the burden of proving by clear and convincing evidence that there is good cause to depart from the placement preferences.

(c) A court's determination of good cause to depart from the placement preferences must be made on the record or in writing and must be based on one or more of the following considerations:

(i) the request of one or both of the Indian child's parents on attestation that they have reviewed the placement options, if any, that comply with the order of preference provided for in subsections (2) and (3);

(ii) the request of the child, if the child is of sufficient age and capacity to understand the decision that is being made;

(iii) the presence of a sibling attachment that can be maintained only through a particular placement;

(iv) the extraordinary physical, mental, or emotional needs of the Indian child, including but not limited to specialized treatment services that may be unavailable in the community where families who meet the placement preferences live; or

(v) the unavailability of a suitable placement after a determination by the court that a diligent search was conducted to find suitable placements meeting the preference criteria, but no suitable placement was found. For the purposes of this analysis, the standards for determining whether a placement is unavailable must conform to the prevailing social and cultural standards of the Indian community in which the Indian child's parent or extended family resides or with which the Indian child's parent or extended family members maintain social and cultural ties.

(d) A placement may not depart from the preferences based on the socioeconomic status of any placement relative to another placement.
Mont. Code Ann. § 41-3-1318 — MT Code / Title 41 / Chapter 3 / Part 13 / Section 41-3-1318
41-3-1318 Qualified expert witness -- requirements -- prohibitions
Status: in_force

41-3-1318 . Qualified expert witness -- requirements -- prohibitions. (1) A qualified expert witness is an individual who provides testimony in a child custody proceeding under this part. The purpose of the testimony is to assist a court in determining whether the continued custody of the child by or the return of the child to the parent or Indian custodian is likely to result in serious emotional or physical damage to the child. The parties may not waive the requirement for the qualified expert witness testimony.

(2) The petitioning party shall consult with the Indian child's tribe on the selection of the qualified expert witness, including asking whether the tribe has a list of preferred qualified expert witnesses. To the extent possible, the petitioning party shall use an individual preferred by the tribe.

(3) A qualified expert witness must be qualified to testify regarding whether the child's continued custody by the parent or Indian custodian is likely to result in serious emotional or physical damage to the child and must be qualified to testify as to the prevailing social and cultural standards of the Indian child's tribe.

(4) (a) If the petitioner is the department, the child protection specialist assigned to the case and the child protection specialist's supervisor may not testify as qualified expert witnesses in the case.

(b) Nothing in this subsection (4) may be construed as barring:

(i) the child protection specialist or the child protection specialist's supervisor from testifying as an expert witness for other purposes in a proceeding under this part; or

(ii) the petitioner or another party in a proceeding under this part from providing additional witnesses or expert testimony, subject to the approval of the court, on any issue before the court, including the determination of whether the continued custody of the Indian child by or return of the Indian child to the parent, parents, or Indian custodian is likely to result in serious emotional or physical damage to the Indian child.
Mont. Code Ann. § 41-1-305 — MT Code / Title 41 / Chapter 1 / Part 3 / Section 41-1-305
41-1-305 Minor may not disaffirm contract for necessaries
Status: in_force

41-1-305 . Minor may not disaffirm contract for necessaries. (1) A minor may not disaffirm a contract, otherwise valid, to pay the reasonable value of things necessary to support the minor or the minor's family that was entered into by the minor when not under the care of a parent or guardian able to provide for the minor or the minor's family.

(2) For the purposes of this section, the phrase "necessary to support the minor or the minor's family" includes housing.
Mont. Code Ann. § 41-1-302 — MT Code / Title 41 / Chapter 1 / Part 3 / Section 41-1-302
41-1-302 Contracts of minors -- disaffirmance
Status: in_force

41-1-302 . Contracts of minors -- disaffirmance. A minor may make a conveyance or other contract in the same manner as any other person, subject only to the minor's power of disaffirmance under the provisions of this chapter and to the provisions of Title 40, chapter 1.
Mont. Code Ann. § 41-5-1523 — MT Code / Title 41 / Chapter 5 / Part 15 / Section 41-5-1523
41-5-1523 Commitment to department or youth court -- supervision
Status: in_force

41-5-1523 . Commitment to department or youth court -- supervision. (1) A youth placed in a correctional facility or other facility or program operated by or under contract with the department is under the control of the department until the youth is discharged, transferred, or placed on conditional release by the department. Before a youth is placed on conditional release, a conditional release agreement must be developed and signed as provided in 52-5-126 .

(2) A youth who is placed on conditional release must be supervised by a juvenile probation officer of the youth court.

(3) A youth placed in any private, out-of-home facility by the youth court must be supervised by a juvenile probation officer of the youth court.

(4) Responsibilities of the juvenile probation officer relating to placement of the youth include but are not limited to:

(a) if a youth placement committee has been established as provided for in 41-5-121 , submitting information and documentation necessary for the committee that is making the placement recommendation to determine an appropriate placement for the youth;

(b) securing approval for payment of special education costs from the youth's school district of residence or the office of public instruction, as required in Title 20, chapter 7, part 4;

(c) submitting an application to a facility in which the youth may be placed; and

(d) managing the youth's case while in a private, out-of-home facility and upon release until supervision is terminated by the youth court.
Mont. Code Ann. § 41-5-1604 — MT Code / Title 41 / Chapter 5 / Part 16 / Section 41-5-1604
41-5-1604 Disposition in extended jurisdiction juvenile prosecutions
Status: in_force

41-5-1604 . Disposition in extended jurisdiction juvenile prosecutions. (1) (a) After designation as an extended jurisdiction juvenile prosecution, the case must proceed with an adjudicatory hearing, as provided in 41-5-1502 . If a youth in an extended jurisdiction juvenile prosecution admits to or is adjudicated 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, the court shall, subject to subsection (1)(b), impose a single judgment consisting of:

(i) one or more juvenile dispositions under 41-5-1512 or 41-5-1513 ; and

(ii) any sentence allowed by the statute that establishes the penalty for the offense of which the youth is convicted and that would be permissible if the offender were an adult. The execution of the sentence imposed under this subsection must be stayed on the condition that the youth not violate the provisions of the disposition order and not commit a new offense.

(b) The combined period of time of a juvenile disposition under subsection (1)(a)(i) plus an adult sentence under subsection (1)(a)(ii) may not exceed the maximum period of imprisonment that could be imposed on an adult convicted of the offense or offenses that brought the youth under the jurisdiction of the youth court. This subsection does not limit the power of the department to enter into a conditional release agreement with the youth pursuant to 52-5-126 .

(2) If a youth prosecuted as an extended jurisdiction juvenile after designation by the county attorney in the delinquency petition under 41-5-1602 (1)(b) admits to or is adjudicated to have committed an offense that would be a felony if committed by an adult that is not an offense described in 41-5-1602 (1)(b), except an offense punishable by death or life imprisonment or when a sentence of 100 years could be imposed, the court shall adjudicate the youth delinquent and order a disposition under 41-5-1513 .

(3) If a youth in an extended jurisdiction juvenile prosecution admits to or is adjudicated to have committed an offense that would not be a felony if committed by an adult, the court shall impose a disposition as provided under subsection (1)(a).
Mont. Code Ann. § 41-5-1701 — MT Code / Title 41 / Chapter 5 / Part 17 / Section 41-5-1701
41-5-1701 Employment of juvenile probation officers and youth court staff
Status: in_force

41-5-1701 . Employment of juvenile probation officers and youth court staff. All juvenile probation officers and youth court staff are employees of the judicial branch of state government. The employees are subject to classification and compensation as determined by the judicial branch personnel plan adopted by the supreme court under 3-1-130 and must receive state employee benefits and expenses as provided in Title 2, chapter 18.
Mont. Code Ann. § 41-5-1303 — MT Code / Title 41 / Chapter 5 / Part 13 / Section 41-5-1303
41-5-1303 Communications privileged
Status: in_force

41-5-1303 . Communications privileged. An incriminating statement relating to any act or omission constituting delinquency or need of intervention made by the participant to the person giving counsel or advice in the discussions or conferences incident thereto may not be used against the declarant in any proceeding under this chapter, nor may the incriminating statement be admissible in any criminal proceeding against the declarant. This section does not apply to the use of voluntary and reliable statements that are offered for impeachment purposes.
Mont. Code Ann. § 41-3-216 — MT Code / Title 41 / Chapter 3 / Part 2 / Section 41-3-216
41-3-216 Provision of information about investigation procedure and rights to parents
Status: in_force

41-3-216 . Provision of information about investigation procedure and rights to parents. (1) On removal of a child, the department shall verbally advise the parent, guardian, or other person having physical or legal custody of a child:

(a) of the specific complaint or allegation made against the parent, guardian, or other person having physical or legal custody of a child;

(b) of the fundamental rights of parents under 40-6-701 and 40-4-227 to direct the upbringing, education, health care, and mental health of their children without government interference, but this right should yield to the best interests of the child when the parent's conduct is contrary to the child-parent relationship;

(c) of the right to seek counsel at any time and to consult with counsel before signing any documents; and

(d) that the parent, guardian, or other person having physical or legal custody of a child:

(i) is not required to permit an investigator from the department to enter the home or submit to a drug or alcohol test, unless ordered to do so by the court;

(ii) is not required to speak with the investigator and any statements may be used in an administrative or court proceeding; and

(iii) may record any interactions with a department employee if the parent, guardian, or other person having physical or legal custody of a child informs the department employee that the interaction is being recorded.

(2) During initial interactions with the parent, guardian, or other person having physical or legal custody of a child who is the subject of an investigation under 41-3-202 , the department shall provide the parent, guardian, or other person having physical or legal custody of a child with a clear written description:

(a) of the right to seek counsel at any time and to consult with counsel before signing any documents;

(b) that the parent, guardian, or other person having physical or legal custody of a child is not required to permit an investigator from the department to enter the home or submit to a drug or alcohol test, unless ordered to do so by the court;

(c) that the parent, guardian, or other person having physical or legal custody of a child is not required to speak with the investigator and any statements may be used in an administrative or court proceeding;

(d) of the right of the parent, guardian, or other person having physical or legal custody of a child to:

(i) be treated with dignity and respect without any form of discrimination; and

(ii) have the parent's, guardian's, or other person's culture, language, and religion respected; and

(e) of the department's procedures for conducting an investigation of alleged child abuse or neglect.

(3) If applicable after initial contact, the department shall provide the parent, guardian, or other person having physical or legal custody of a child with a concise written description of:

(a) the circumstances under which the department would seek to enter into a written prevention plan or services agreement with the parent or guardian under 41-3-302 ;

(b) the circumstances under which the department would remove the child from the home and seek a court order for immediate protection and emergency protective services under 41-3-427 ;

(c) an explanation of when the law requires the department to refer a report of alleged child abuse or neglect to a law enforcement agency for a separate determination of whether a criminal violation occurred;

(d) the right to withhold consent to release the parent's, guardian's, or other person's medical or mental health records unless ordered to do so by a court; and

(e) the right to accommodations under the Americans with Disabilities Act of 1990, 42 U.S.C. 12101, et seq.

(4) When the parent, guardian, or other person having physical or legal custody of a child requests to file a complaint, the department shall provide the parent, guardian, or person having physical or legal custody:

(a) the procedures to file a complaint with the department and the child and family ombudsman;

(b) the procedure for the department to disclose records to a member of the United States congress or a member of the Montana legislature under 41-3-205 (4); and

(c) the process for reviewing the department's records of the investigation.

(5) When the court approves emergency protective services, the office of public defender shall provide the parent, guardian, or other person having physical or legal custody of a child:

(a) timelines for hearings and determinations under this chapter; and

(b) an explanation that a parent, guardian, or other person having physical or legal custody of a child has the right to:

(i) receive a copy of the affidavit of the child protection investigator regarding the circumstances of the emergency removal as provided under 41-3-301 ;

(ii) attend and participate in hearings, which includes providing a statement to the judge;

(iii) contest the allegations in a petition filed under 41-3-422 ;

(iv) call witnesses and cross-examine witnesses;

(v) have a support person or persons present during any meeting with a child protection investigator or other department staff;

(vi) request that the child be placed in a kinship foster home as defined in 52-2-602 ; and

(vii) be provided with services, including visitation with the child, unless otherwise ordered by the court.

(6) Except for the information provided in subsection (1)(a), the department shall post the information required to be given to a parent, guardian, or other person having physical or legal custody of a child on a publicly available website and in a conspicuous place in the publicly accessible area of the office of a child protection investigator and a child reunification specialist.
Mont. Code Ann. § 41-5-1513 — MT Code / Title 41 / Chapter 5 / Part 15 / Section 41-5-1513
41-5-1513 Disposition -- delinquent youth -- restrictions
Status: in_force

41-5-1513 . Disposition -- delinquent youth -- restrictions. (1) If a youth is found to be a delinquent youth, the youth court may enter its judgment making one or more of the following dispositions:

(a) any one or more of the dispositions provided in 41-5-1512 ;

(b) subject to 41-5-1504 , 41-5-1512 (1)(m)(i), and 41-5-1522 , commit the youth to the department for placement in a correctional facility or other appropriate program as determined by the department and recommend to the department that the youth not be released until the youth reaches 18 years of age. The court may not place a youth adjudicated to be a delinquent youth in a correctional facility for an act that would be a misdemeanor if committed by an adult unless:

(i) the youth committed four or more misdemeanors in the prior 12 months;

(ii) a psychiatrist or a psychologist licensed by the state or a licensed clinical professional counselor or a licensed clinical social worker has evaluated the youth and recommends placement in a correctional facility; and

(iii) the court finds that the youth will present a danger to the public if the youth is not placed in a correctional facility.

(c) subject to the provisions of subsection (6), require a youth found to be a delinquent youth, as the result of the commission of an offense that would be a violent offense, as defined in 46-23-502 , if committed by an adult, to register and remain registered as a violent offender pursuant to Title 46, chapter 23, part 5. The youth court shall retain jurisdiction in a disposition under this subsection to ensure registration compliance.

(d) in the case of a delinquent youth who has been adjudicated for a sexual offense, as defined in 46-23-502 , the youth is exempt from the duty to register as a sexual offender pursuant to Title 46, chapter 23, part 5, unless the court finds that:

(i) the youth has previously been found to have committed or been adjudicated for a sexual offense, as defined in 46-23-502 ; or

(ii) registration is necessary for protection of the public and that registration is in the public's best interest;

(e) in the case of a delinquent youth who is determined by the court to be a serious juvenile offender, the judge may specify that the youth be placed in a correctional facility, subject to the provisions of subsection (2), if the judge finds that the placement is necessary for the protection of the public. The court may order the department to notify the court within 5 working days before the proposed release of a youth from a correctional facility. Once a youth is committed to the department for placement in a correctional facility, the department is responsible for determining an appropriate date of release or an alternative placement.

(2) If a youth has been adjudicated for a sexual offense, as defined in 46-23-502 , the youth court shall:

(a) prior to disposition, order a psychosexual evaluation that must comply with the provisions of 46-18-111 ;

(b) designate the youth's risk level pursuant to 46-23-509 ;

(c) require completion of sexual offender treatment; and

(d) for a youth designated under this section and 46-23-509 as a level 3 offender, impose on the youth those restrictions required for adult offenders by 46-18-255 (2) unless the youth is approved by the youth court or the department for placement in a home, program, or facility for delinquent youth. Restrictions imposed pursuant to this subsection (2)(d) terminate when the jurisdiction of the youth court terminates pursuant to 41-5-205 unless those restrictions are terminated sooner by an order of the court. However, if a youth's case is transferred to district court pursuant to 41-5-203 , 41-5-206 , 41-5-208 , or 41-5-1605 , any remaining part of the restriction imposed pursuant to this subsection (2)(d) is transferred to the jurisdiction of the district court and the supervision of the offender is transferred to the department.

(3) For a youth designated under this section and 46-23-509 as a level 3 offender, the youth court if the youth is under the youth court's jurisdiction or the department if the youth is under the department's jurisdiction shall notify in writing the superintendent of the school district in which the youth is enrolled of the adjudication, any terms of probation or conditional release, and the facts of the offense for which the youth was adjudicated, except the name of the victim, and provide a copy of the court's disposition order to the superintendent.

(4) 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, except as provided in 52-5-109 .

(5) 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.

(6) The duration of registration for a youth who is required to register as a sexual or violent offender must be as provided in 46-23-506 , except that the court may, based on specific findings of fact, order a lesser duration of registration.
Mont. Code Ann. § 41-5-343 — MT Code / Title 41 / Chapter 5 / Part 3 / Section 41-5-343
41-5-343 Criteria for placement of youth in youth assessment centers
Status: in_force

41-5-343 . Criteria for placement of youth in youth assessment centers. A youth may be placed in a youth assessment center only if:

(1) the youth meets the requirements for placement in shelter care;

(2) the youth has not committed an act that would be a felony offense if committed by an adult;

(3) the youth needs an alternative, staff-secured site for evaluation and assessment of the youth's need for services;

(4) the youth needs to be held accountable for the youth's actions with structured programming; and

(5) the youth meets qualifications as outlined by the placement guidelines that are determined by the department and coordinated with the guidelines used by the youth placement committees.
Mont. Code Ann. § 41-3-432 — MT Code / Title 41 / Chapter 3 / Part 4 / Section 41-3-432
41-3-432 Show cause hearing -- order
Status: in_force

41-3-432 . Show cause hearing -- order. (1) (a) 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, a show cause hearing must be conducted within 21 days of the filing of an initial child abuse and neglect petition unless otherwise stipulated by the parties pursuant to 41-3-434 or unless an extension of time is granted by the court. A separate notice to the court stating the statutory time deadline for a hearing must accompany any petition to which the time deadline applies.

(b) 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.

(c) The court may grant an extension of time for a show cause hearing only upon a showing of substantial injustice and shall order an appropriate remedy that considers the best interests of the child.

(2) If a contested show cause hearing is requested pursuant to 41-3-427 based upon a disputed issue of material fact or a dispute regarding the veracity of the affidavit of the department, the court may consider all evidence and shall provide an opportunity for a parent, guardian, or other person having physical or legal custody of the child to provide testimony regarding the disputed issues. Hearsay evidence of statements made by the affected child is admissible at the hearing. The parent, guardian, or other person may be represented by legal counsel and may be appointed or assigned counsel as provided for in 41-3-425 .

(3) At the show cause hearing, the court shall explain the procedures to be followed in the case and explain the parties' rights, including the right to request appointment or assignment of counsel if indigent or if appointment or assignment of counsel is required under the federal Indian Child Welfare Act or the Montana Indian Child Welfare Act, if applicable, and the right to challenge the allegations contained in the petition. The parent, guardian, or other person having physical or legal custody of the child must be given the opportunity to admit or deny the allegations contained in the petition at the show cause hearing. Inquiry must be made to determine whether the notice requirements of the federal Indian Child Welfare Act or 41-3-1311 , if applicable, have been met.

(4) Except as provided in the federal Indian Child Welfare Act or the Montana Indian Child Welfare Act, if applicable, the court shall make written findings on issues including but not limited to the following:

(a) whether the child should be returned home immediately if there has been an emergency removal or remain in temporary out-of-home care or be removed from the home;

(b) if removal is ordered or continuation of removal is ordered, why continuation of the child in the home would be contrary to the child's best interests and welfare;

(c) 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;

(d) financial support of the child, including inquiry into the financial ability of the parents, guardian, or other person having physical or legal custody of the child to contribute to the costs for the care, custody, and treatment of the child and requirements of a contribution for those costs pursuant to 41-3-446 ; and

(e) whether another hearing is needed and, if so, the date and time of the next hearing.

(5) The court may consider:

(a) terms and conditions for parental visitation; and

(b) whether orders for examinations, evaluations, counseling, immediate services, or protection are needed.

(6) Following the show cause hearing, the court may enter an order for the relief requested or amend a previous order for immediate protection of the child if one has been entered. The order must be in writing.

(7) If a child who has been removed from the child's home is not returned home after the show cause hearing or if removal is ordered, the parents or parent, guardian, or other person or agency having physical or legal custody of the child named in the petition may request that a citizen review board, if available pursuant to part 10 of this chapter, review the case within 30 days of the show cause hearing and make a recommendation to the district court, as provided in 41-3-1010 .

(8) Adjudication of a child as a youth in need of care may be made at the show cause hearing if the requirements of 41-3-437 (2) are met. If not made at the show cause hearing, adjudication under 41-3-437 must be made within the time limits required by 41-3-437 unless adjudication occurs earlier by stipulation of the parties pursuant to 41-3-434 and order of the court.
Mont. Code Ann. § 41-5-103 — MT Code / Title 41 / Chapter 5 / Part 1 / Section 41-5-103
41-5-103 Definitions
Status: in_force

41-5-103 . Definitions. As used in the Montana Youth Court Act, unless the context requires otherwise, the following definitions apply:

(1) "Adult" means an individual who is 18 years of age or older.

(2) "Agency" means any entity of state or local government authorized by law to be responsible for the care or rehabilitation of youth.

(3) "Assessment officer" means a person who is authorized by the court to provide initial intake and evaluation for a youth who appears to be in need of intervention or an alleged delinquent youth.

(4) "Commit" means to transfer legal custody of a youth to the department or to the youth court.

(5) "Conditional release" means the release of a youth from a correctional facility subject to the terms and conditions of the conditional release agreement provided for in 52-5-126 .

(6) (a) "Correctional facility" means a public secure residential facility or a private secure residential facility under contract with the department and operated to provide for the custody, treatment, training, and rehabilitation of:

(i) formally adjudicated delinquent youth;

(ii) convicted adult offenders or criminally convicted youth; or

(iii) a combination of the populations described in subsections (6)(a)(i) and (6)(a)(ii) under conditions set by the department in rule.

(b) The term does not include a state prison as defined in 53-30-101 .

(7) "Cost containment pool" means an account from which funds are allocated by the office of court administrator under 41-5-132 to a judicial district that exceeds its annual allocation for juvenile out-of-home placements, programs, and services or to the department for costs incurred under 41-5-1504 .

(8) "Cost containment review panel" means the panel established in 41-5-131 .

(9) "Court", when used without further qualification, means the youth court of the district court.

(10) "Criminally convicted youth" means a youth who has been convicted in a district court pursuant to 41-5-206 .

(11) (a) "Custodian" means a person, other than a parent or guardian, to whom legal custody of the youth has been given.

(b) The term does not include a person who has only physical custody.

(12) "Delinquent youth" means a youth who is adjudicated under formal proceedings under the Montana Youth Court Act as a youth:

(a) who has committed an offense that, if committed by an adult, would constitute a criminal offense;

(b) who has been placed on probation as a delinquent youth and who has violated any condition of probation; or

(c) who has violated the terms and conditions of the youth's conditional release agreement.

(13) "Department" means the department of corrections provided for in 2-15-2301 .

(14) (a) "Department records" means information or data, either in written or electronic form, maintained by the department pertaining to youth who are committed under 41-5-1513 (1)(b).

(b) The term does not include information provided by the department to the department of public health and human services' management information system or information maintained by the youth court through the office of court administrator.

(15) "Detention" means the holding or temporary placement of a youth in the youth's home under home arrest or in a facility other than the youth's own home for:

(a) the purpose of ensuring the continued custody of the youth at any time after the youth is taken into custody and before final disposition of the youth's case;

(b) contempt of court or violation of a valid court order; or

(c) violation of the terms and conditions of the youth's conditional release agreement.

(16) "Detention facility" means a physically restricting facility designed to prevent a youth from departing at will. The term includes a youth detention facility, short-term detention center, and regional detention facility.

(17) "Emergency placement" means placement of a youth in a youth care facility for less than 45 days to protect the youth when there is no alternative placement available.

(18) "Family" means the parents, guardians, legal custodians, and siblings or other youth with whom a youth ordinarily lives.

(19) "Final disposition" means the implementation of a court order for the disposition or placement of a youth as provided in 41-5-1422 , 41-5-1503 , 41-5-1504 , 41-5-1512 , 41-5-1513 , and 41-5-1522 through 41-5-1524 .

(20) (a) "Formal youth court records" means information or data, either in written or electronic form, on file with the clerk of district court pertaining to a youth under the jurisdiction of the youth court and includes petitions, motions, other filed pleadings, court findings, verdicts, orders and decrees, and predispositional studies.

(b) The term does not include information provided by the youth court to the department of public health and human services' management information system.

(21) "Foster home" means a private residence licensed by the department of public health and human services for placement of a youth.

(22) "Guardian" means an adult:

(a) who is responsible for a youth and has the reciprocal rights, duties, and responsibilities with the youth; and

(b) whose status is created and defined by law.

(23) "Habitual truancy" means recorded unexcused absences of 9 or more days or 54 or more parts of a day, whichever is less, in 1 school year.

(24) (a) "Holdover" means a room, office, building, or other place approved by the board of crime control for the temporary detention and supervision of youth in a physically unrestricting setting for a period not to exceed 24 hours while the youth is awaiting a probable cause hearing, release, or transfer to an appropriate detention or shelter care facility.

(b) The term does not include a jail.

(25) (a) "Informal youth court records" means information or data, either in written or electronic form, maintained by youth court probation offices pertaining to a youth under the jurisdiction of the youth court and includes reports of preliminary inquiries, youth assessment materials, medical records, school records, and supervision records of probationers.

(b) The term does not include information provided by the youth court to the department of public health and human services' management information system.

(26) (a) "Jail" means a facility used for the confinement of adults accused or convicted of criminal offenses. The term includes a lockup or other facility used primarily for the temporary confinement of adults after arrest.

(b) The term does not include a collocated juvenile detention facility that complies with 28 CFR, part 31.

(27) "Judge", when used without further qualification, means the judge of the youth court.

(28) "Juvenile home arrest officer" means a court-appointed officer administering or supervising juveniles in a program for home arrest, as provided for in Title 46, chapter 18, part 10.

(29) "Law enforcement records" means information or data, either in written or electronic form, maintained by a law enforcement agency, as defined in 7-32-201 , pertaining to a youth covered by this chapter.

(30) (a) "Legal custody" means the legal status created by order of a court of competent jurisdiction that gives a person the right and duty to:

(i) have physical custody of the youth;

(ii) determine with whom the youth shall live and for what period;

(iii) protect, train, and discipline the youth; and

(iv) provide the youth with food, shelter, education, and ordinary medical care.

(b) An individual granted legal custody of a youth shall personally exercise the individual's rights and duties as guardian unless otherwise authorized by the court entering the order.

(31) "Necessary parties" includes the youth and the youth's parents, guardian, custodian, or spouse.

(32) (a) "Out-of-home placement" means placement of a youth in a program, facility, or home, other than a custodial parent's home, for purposes other than preadjudicatory detention.

(b) The term does not include shelter care or emergency placement of less than 45 days.

(33) (a) "Parent" means the natural or adoptive parent.

(b) The term does not include:

(i) a person whose parental rights have been judicially terminated; or

(ii) the putative father of an illegitimate youth unless the putative father's paternity is established by an adjudication or by other clear and convincing proof.

(34) "Probable cause hearing" means the hearing provided for in 41-5-332 .

(35) "Regional detention facility" means a youth detention facility established and maintained by two or more counties, as authorized in 41-5-1804 .

(36) "Restitution" means payments in cash to the victim or with services to the victim or the general community when these payments are made pursuant to a consent adjustment, consent decree, or other youth court order.

(37) "Running away from home" means that a youth has been reported to have run away from home without the consent of a parent or guardian or a custodian having legal custody of the youth.

(38) "Secure detention facility" means a public or private facility that:

(a) is used for the temporary placement of youth or individuals accused or convicted of criminal offenses or as a sanction for contempt of court, violation of the terms and conditions of the youth's conditional release agreement, or violation of a valid court order; and

(b) is designed to physically restrict the movements and activities of youth or other individuals held in lawful custody of the facility.

(39) "Serious juvenile offender" means a youth who has committed an offense that would be considered a felony offense if committed by an adult and that is an offense against a person, an offense against property, or an offense involving dangerous drugs.

(40) "Shelter care" means the temporary substitute care of youth in physically unrestricting facilities.

(41) "Shelter care facility" means a facility used for the shelter care of youth. The term is limited to the facilities enumerated in 41-5-347 .

(42) "Short-term detention center" means a detention facility licensed by the department for the temporary placement or care of youth, for a period not to exceed 10 days excluding weekends and legal holidays, pending a probable cause hearing, release, or transfer of the youth to an appropriate detention facility, youth assessment center, or shelter care facility.

(43) "Substitute care" means full-time care of youth in a residential setting for the purpose of providing food, shelter, security and safety, guidance, direction, and, if necessary, treatment to youth who are removed from or are without the care and supervision of their parents or guardians.

(44) "Victim" means:

(a) a person who suffers property, physical, or emotional injury as a result of an offense committed by a youth that would be a criminal offense if committed by an adult;

(b) an adult relative of the victim, as defined in subsection (44)(a), if the victim is a minor; and

(c) an adult relative of a homicide victim.

(45) "Youth" means an individual who is less than 18 years of age without regard to sex, as defined in 1-1-201 , or emancipation.

(46) "Youth assessment" means a multidisciplinary assessment of a youth as provided in 41-5-1203 .

(47) "Youth assessment center" means a staff-secured location that is licensed by the department of public health and human services to hold a youth for up to 10 days for the purpose of providing an immediate and comprehensive community-based youth assessment to assist the youth and the youth's family in addressing the youth's behavior.

(48) "Youth care facility" has the meaning provided in 52-2-602 .

(49) "Youth court" means the court established pursuant to this chapter to hear all proceedings in which a youth is alleged to be a delinquent youth, a youth in need of intervention, or a youth alleged to have violated the terms and conditions of the youth's conditional release agreement and includes the youth court judge, juvenile probation officers, and assessment officers.

(50) "Youth detention facility" means a secure detention facility licensed by the department for the temporary substitute care of youth that is:

(a) (i) operated, administered, and staffed separately and independently of a jail; or

(ii) a collocated secure detention facility that complies with 28 CFR, part 31; and

(b) used exclusively for the lawful detention of alleged or adjudicated delinquent youth or as a sanction for contempt of court, violation of the terms and conditions of the youth's conditional release agreement, or violation of a valid court order.

(51) "Youth in need of intervention" means a youth who is adjudicated as a youth and who:

(a) commits an offense prohibited by law that if committed by an adult would not constitute a criminal offense, including but not limited to a youth who:

(i) violates any Montana municipal or state law regarding alcoholic beverages; or

(ii) continues to exhibit behavior, including running away from home or habitual truancy, beyond the control of the youth's parents, foster parents, physical custodian, or guardian despite the attempt of the youth's parents, foster parents, physical custodian, or guardian to exert all reasonable efforts to mediate, resolve, or control the youth's behavior; or

(b) has committed any of the acts of a delinquent youth but whom the youth court, in its discretion, chooses to regard as a youth in need of intervention.
Mont. Code Ann. § 41-5-1421 — MT Code / Title 41 / Chapter 5 / Part 14 / Section 41-5-1421
41-5-1421 Posttrial motions
Status: in_force

41-5-1421 . Posttrial motions. All posttrial motions and other remedies available to an adult in a criminal proceeding under the Montana Code of Criminal Procedure are available to a youth proceeded against under this chapter.
Mont. Code Ann. § 41-1-402 — MT Code / Title 41 / Chapter 1 / Part 4 / Section 41-1-402
41-1-402 Validity of consent of minor for health services
Status: in_force

41-1-402 . Validity of consent of minor for health services. (1) This part does not limit the right of an emancipated minor to consent to the provision of health services or to control access to protected health care information under applicable law.

(2) The consent to the provision of health services and to control access to protected health care information by a health care facility or to the performance of health services by a health professional may be given by a minor when the health professional, in good faith and with a reasonable belief supported by fact, determines that the minor meets any of the following descriptions:

(a) the minor professes to be or to have been married or to have had a child or to have graduated from high school;

(b) the minor professes to be or is found to be separated from the minor's parent, parents, or legal guardian for whatever reason and is providing self-support by whatever means;

(c) the minor professes or is found to be pregnant or afflicted with any reportable communicable disease, including a sexually transmitted disease, or drug and substance abuse, including alcohol. This self-consent applies only to the prevention, diagnosis, and treatment of those conditions specified in this subsection (2)(c). The self-consent in the case of pregnancy, a sexually transmitted disease, or drug and substance abuse also obliges the health professional, if the health professional accepts the responsibility for treatment, to counsel the minor or to refer the minor to another health professional for counseling.

(d) the minor needs emergency care, including transfusions, necessary to prevent serious injury or harm to the minor. If emergency care is rendered, the parent, parents, or legal guardian must be informed as soon as practical except under the circumstances mentioned in this subsection (2).

(3) A minor who has had a child may give effective consent to health service for the child.

(4) A minor may give consent for health care for the minor's spouse if the spouse is unable to give consent by reason of physical or mental incapacity.
Mont. Code Ann. § 41-5-1432 — MT Code / Title 41 / Chapter 5 / Part 14 / Section 41-5-1432
41-5-1432 Enforcement of restitution orders
Status: in_force

41-5-1432 . Enforcement of restitution orders. If the court orders payment of restitution and the youth fails to pay the restitution in accordance with the payment schedule or structure established by the court or juvenile probation officer, the youth's juvenile probation officer may, on the officer's own motion or at the request of the victim, ask the court to hold a hearing to determine whether the conditions of probation or commitment to the department should be changed. The juvenile probation officer shall ask for a hearing if the restitution has not been paid prior to 60 days before the term of probation or commitment to the department expires. The court shall schedule and hold the hearing before the youth's term of probation or commitment to the department expires.
Mont. Code Ann. § 41-3-1010 — MT Code / Title 41 / Chapter 3 / Part 10 / Section 41-3-1010
41-3-1010 Review -- scope -- procedures -- immunity
Status: in_force

41-3-1010 . Review -- scope -- procedures -- immunity. (1) (a) The board shall review the case of each child in foster care focusing on 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 board may consider:

(i) the safety 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 caseworkers have diligently provided services;

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

(v) the results of intervention.

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

(2) 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).

(3) The district court, by rule of the court or on an individual case basis, may relieve the board of its responsibility to review a case if a complete judicial review has taken place within 60 days prior to the next scheduled board review.

(4) Notice of each review must be sent to the department, any agency directly responsible for the care or placement of the child, the parents and their attorneys, the foster parents, a relative caring for the child, the preadoptive parents, the surrogate parents, the child who is the subject of the review if 12 years of age or older, the child's attorney or the child's assigned attorney, the guardian ad litem, the court-appointed special advocate of the child, the county attorney or deputy attorney general actively involved in the case, the Indian child's tribe if the child is an Indian, and other interested persons who are authorized by the board to receive notice and who are subject to 41-3-205 . The notice must include a statement that persons receiving a notice may participate in the hearing and be accompanied by a representative.

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

(a) whether reasonable efforts were made prior to the placement to prevent or to eliminate the need for removal of the child from the home and to make it possible for the child to be returned home;

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

(c) compliance with the case plan;

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

(e) a likely date by which the child may be returned home or by which a permanent placement will be finalized;

(f) other problems, solutions, or alternatives that the board determines should be explored; and

(g) whether the district court should appoint an attorney or other person as special advocate to represent or appear on behalf of the child pursuant to 41-3-112 .

(6) Whenever a member of a board has a potential conflict of interest in a case being reviewed, the member shall declare to the board the nature of the potential conflict prior to participating in the case review. The following provisions apply:

(a) The declaration of the member must be recorded in the official records of the board.

(b) If, in the judgment of the majority of the board, the potential conflict of interest may prevent the member from fairly and objectively reviewing the case, the board may remove the member from participation in the review.

(7) The board shall keep accurate records and retain the records on file. The board shall send copies of its written findings and recommendations to the district court, the department, and other participants in the review unless prohibited by the confidentiality provisions of 41-3-205 .

(8) The board may hold joint or separate reviews for groups of siblings, but the court shall issue specific findings for each child.

(9) The board may disclose to parents and their attorneys, foster parents, children who are 12 years of age or older, childrens' attorneys, and other persons authorized by the board to participate in the case review the records disclosed to the board pursuant to 41-3-1008 . Before participating in a board case review, each participant, other than parents and children, shall swear or affirm to the board that the participant will keep confidential the information disclosed by the board in the case review and will disclose it only as authorized by law.

(10) A person who serves on a board in a volunteer capacity, as provided in this part, is considered an agent of the judiciary and is entitled to immunity from suit as provided in 2-9-112 .

(11) The board 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 .
Mont. Code Ann. § 41-3-427 — MT Code / Title 41 / Chapter 3 / Part 4 / Section 41-3-427
41-3-427 Petition for immediate protection and emergency protective services -- evidence and consideration of harm of removal -- order -- service
Status: in_force

41-3-427 . Petition for immediate protection and emergency protective services -- evidence and consideration of harm of removal -- order -- service. (1) (a) In a case in which it appears that a child is abused or neglected or is in danger of being abused or neglected, the county attorney, the attorney general, or an attorney hired by the county may file a petition for immediate protection and emergency protective services. In implementing the policy of this section, the child's health and safety are of paramount concern.

(b) A petition for immediate protection and emergency protective services must state the specific authority requested and must be supported by an affidavit signed by a representative of the department stating in detail the alleged facts upon which the request is based and the facts establishing probable cause or, if the case is subject to the federal Indian Child Welfare Act or the Montana Indian Child Welfare Act provided for in Title 41, chapter 3, part 13, clear and convincing evidence that a child is abused or neglected or is in danger of being abused or neglected.

(c) The affidavit of the department representative must contain:

(i) information, if any, regarding statements made by the parents about the facts of the case; and

(ii) specific, written documentation as to why the risk of allowing the child to remain at home substantially outweighs the harm of removing the child, including consideration of:

(A) the emotional trauma the child is likely to experience if separated from the family;

(B) the child's relationships with other members of the household, including siblings;

(C) the child's schooling and social relationships that could be disrupted with a placement out of the neighborhood;

(D) the impact the removal would have on services the child is receiving and on extracurricular activities that benefit the child; and

(E) documentation of reasonable efforts made to keep the family intact.

(d) If from the alleged facts presented in the affidavit it appears to the court that there is probable cause or, if the case is subject to the federal Indian Child Welfare Act or the Montana Indian Child Welfare Act, clear and convincing evidence to believe that the child has been abused or neglected or is in danger of being abused and neglected, the judge shall grant emergency protective services and the relief authorized by subsection (2) until the adjudication hearing. If it appears from the alleged facts contained in the affidavit that there is insufficient probable cause or, if the case is subject to the federal Indian Child Welfare Act or the Montana Indian Child Welfare Act, clear and convincing evidence to believe that the child has been abused or neglected or is in danger of being abused or neglected, the court shall dismiss the petition.

(e) If the parents, parent, guardian, person having physical or legal custody of the child, or attorney for the child disputes the material issues of fact contained in the affidavit or the veracity of the affidavit, the person may request a contested show cause hearing pursuant to 41-3-432 within 10 days following service of the petition and affidavit.

(f) The petition for immediate protection and emergency protective services must include a notice advising the parents, parent, guardian, or other person having physical or legal custody of the child that the parents, parent, guardian, or other person having physical or legal custody of the child may have a support person present during any meeting with a child protection investigator or a child reunification specialist concerning emergency protective services. Reasonable accommodation must be made in scheduling an in-person meeting with the child protection investigator and the child reunification specialist.

(g) An order for immediate protection and emergency protective services may not be issued for a period longer than 90 days.

(2) Pursuant to subsection (1), if the court finds probable cause or, if the case is subject to the federal Indian Child Welfare Act or the Montana Indian Child Welfare Act, clear and convincing evidence based on the petition and affidavit, the court may issue an order for immediate protection of the child. The court shall consider the parents' statements, if any, included with the petition and any accompanying affidavit or report to the court. If the court finds probable cause or, if the case is subject to the federal Indian Child Welfare Act or the Montana Indian Child Welfare Act, clear and convincing evidence, the court may issue an order granting the following forms of relief, which do not constitute a court-ordered treatment plan under 41-3-443 :

(a) the right of entry by a peace officer or department worker;

(b) the right to place the child in temporary medical or out-of-home care, including but not limited to care provided by a noncustodial parent, kinship or foster family, group home, or institution;

(c) the right of the department to locate, contact, and share information with any extended family members who may be considered as placement options for the child;

(d) a requirement that the parents, guardian, or other person having physical or legal custody furnish information that the court may designate and obtain evaluations that may be necessary to determine whether a child is a youth in need of care;

(e) a requirement that the perpetrator of the alleged child abuse or neglect be removed from the home to allow the child to remain in the home;

(f) a requirement that the parent provide the department with the name and address of the other parent, if known, unless parental rights to the child have been terminated;

(g) a requirement that the parent provide the department with the names and addresses of extended family members who may be considered as placement options for the child who is the subject of the proceeding; and

(h) any other temporary disposition that may be required in the best interests of the child 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.

(3) When requesting emergency protective services under this section, the department shall provide the court with information on:

(a) whether a kinship placement is available; or

(b) if a family foster home has been identified:

(i) where the foster home is located in relation to the child's home;

(ii) whether the foster placement can accommodate the proposed visitation schedule;

(iii) whether siblings can be placed together;

(iv) the proximity of the foster home to the child's home and school;

(v) whether the child will be able to observe religious or cultural practices important to the child; and

(vi) whether the foster home is able to accommodate any special needs the child may have.

(4) In making a removal determination, the court shall weigh and evaluate, in the factual setting, the harm to the child that will result from removal and determine if allowing the child to remain in the home substantially outweighs the harm of removal. Factors for consideration of the best interests of the child include but are not limited to:

(a) the factors identified in subsections (1)(c)(ii)(A) through (1)(c)(ii)(D); and

(b) whether the department made reasonable efforts, as described in subsection (1)(c)(ii)(E), to keep the family intact.

(5) (a) An order for removal of a child from the home must include a finding that:

(i) continued residence of the child with the parent is contrary to the welfare of the child;

(ii) an out-of-home placement is in the best interests of the child; and

(iii) the risk of allowing the child to remain in the home substantially outweighs the harm of removal.

(b) The court shall provide written findings to explain why the risk of the child's continued stay in the home outweighs the harm of removing the child.

(6) The order for immediate protection of the child must require the person served to comply immediately with the terms of the order and to appear before the court issuing the order on the date specified for a show cause hearing. Upon a failure to comply or show cause, the court may hold the person in contempt or place temporary physical custody of the child with the department until further order.

(7) The petition must be served as provided in 41-3-422 or, if the case involves an Indian child, as provided in 41-3-1311 .
Mont. Code Ann. § 41-5-1431 — MT Code / Title 41 / Chapter 5 / Part 14 / Section 41-5-1431
41-5-1431 Probation revocation proceeding -- petition -- hearing -- disposition
Status: in_force

41-5-1431 . Probation revocation proceeding -- petition -- hearing -- disposition. (1) A youth on probation incident to an adjudication that the youth is a delinquent youth or a youth in need of intervention and that the youth has violated a term of probation may be proceeded against in a probation revocation proceeding. A proceeding to revoke probation must be done by filing in the original proceeding a petition styled "petition to revoke probation".

(2) Petitions to revoke probation must be screened, reviewed, and prepared in the same manner and must contain the same information as petitions alleging delinquency or need of intervention. Procedures of the Montana Youth Court Act regarding taking into custody and detention apply. The petition must state the terms of probation alleged to have been violated and the factual basis for the allegations.

(3) The standard of proof in probation revocation proceedings is the same standard used in probation revocation of an adult, and the hearing must be before the youth court without a jury. In all other respects, proceedings to revoke probation are governed by the procedures, rights, and duties applicable to proceedings on petitions alleging that the youth is delinquent or a youth in need of intervention. If a youth is found to have violated a term of probation, the youth court may make any judgment of disposition that could have been made in the original case.
Mont. Code Ann. § 41-3-1325 — MT Code / Title 41 / Chapter 3 / Part 13 / Section 41-3-1325
41-3-1325 Emergency removal of Indian child
Status: in_force

41-3-1325 . Emergency removal of Indian child. (1) Nothing in this part may be construed to prevent the department from removing an Indian child from the Indian child's parent or Indian custodian or prevent the emergency placement of the Indian child in a foster home, under applicable state law, to prevent imminent physical damage or harm to the Indian child.

(2) An emergency removal or placement of an Indian child under state law must terminate immediately when the emergency removal or placement is no longer necessary to prevent imminent physical damage or harm to the child.

(3) A state court shall:

(a) make a finding on the record that the emergency removal or placement is necessary to prevent imminent physical damage or harm to the child;

(b) promptly hold a hearing on whether the emergency removal or placement continues to be necessary whenever new information indicates that the emergency situation has ended;

(c) at any court hearing during the emergency proceeding, determine whether the emergency removal or placement is no longer necessary to prevent imminent physical damage or harm to the child; and

(d) immediately terminate or direct the department to terminate the emergency removal if the court or department possesses sufficient evidence to determine that the emergency removal or placement is no longer necessary to prevent imminent physical damage or harm to the child.

(4) An emergency proceeding may be terminated by any of the following actions:

(a) initiation of a child custody proceeding subject to the provisions of the federal Indian Child Welfare Act and this part;

(b) transfer of the child to the jurisdiction of the appropriate Indian tribe; or

(c) restoring the child to the parent or Indian custodian.

(5) A petition for a court order authorizing the emergency removal or placement, or its accompanying documents, must contain a statement of the risk of imminent physical damage or harm to the Indian child, any evidence that the emergency removal or placement continues to be necessary to prevent the damage or harm, and if available:

(a) the full name, age, and last known address of the Indian child;

(b) the name and address of the child's parents and Indian custodians, if any;

(c) the steps taken to provide notice to the child's parents, Indian custodians, and tribe about the emergency proceeding;

(d) if the child's and Indian custodians are unknown, a detailed explanation of the efforts made to locate and contact the individuals, including contact with the appropriate bureau of Indian affairs regional director;

(e) the residence or the domicile of the Indian child;

(f) if either the residence or the domicile of the Indian child is believed to be on a reservation or in an Alaska Native village, the name of the tribe affiliated with that reservation or village;

(g) the tribal affiliation of the child and of the parents or Indian custodians;

(h) a specific and detailed account of the circumstances that led the agency responsible for the emergency removal of the child to remove the child;

(i) if the child is believed to reside or be domiciled on a reservation where the tribe exercises exclusive jurisdiction over child custody matters, a statement of the efforts made and being made to contact the tribe and transfer the child to the tribe's jurisdiction; and

(j) a statement of the efforts made to assist the parents or Indian custodians so the Indian child may be safely returned to the parents or Indian custodians.

(6) Contact made to provide notice of an emergency removal and reported pursuant to subsection (5)(c) does not constitute the notice required under 41-3-1311 for the purposes of subsequent dependency, termination of parental rights, or adoption proceedings.

(7) An emergency proceeding regarding an Indian child may not be continued for more than 30 days unless the court determines that:

(a) restoring the child to the parent or Indian custodian would subject the child to imminent physical damage or harm;

(b) the court has been unable to transfer the proceeding to the jurisdiction of the appropriate Indian tribe; and

(c) it has not been possible to initiate a child custody proceeding.
Mont. Code Ann. § 41-3-201 — MT Code / Title 41 / Chapter 3 / Part 2 / Section 41-3-201
41-3-201 Reports
Status: in_force

41-3-201 . Reports. (1) When the professionals and officials listed in subsection (2) know or have reasonable cause to suspect, as a result of information they receive in their professional or official capacity, that a child is abused or neglected by anyone regardless of whether the person suspected of causing the abuse or neglect is a parent or other person responsible for the child's welfare, they shall report the matter promptly to the department. The department shall follow the provisions of 41-3-212 in taking the report.

(2) Professionals and officials required to report are:

(a) a physician, resident, intern, or member of a hospital's staff engaged in the admission, examination, care, or treatment of persons;

(b) a nurse, osteopath, chiropractor, podiatrist, medical examiner, coroner, dentist, optometrist, or any other health or mental health professional;

(c) religious healers;

(d) school teachers, other school officials, and employees who work during regular school hours;

(e) a social worker licensed pursuant to Title 37, child protection investigator, child reunification specialist, operator or employee of any registered or licensed day-care or substitute care facility, staff of a resource and referral grant program organized under 52-2-711 or of a child and adult food care program, or an operator or employee of a child-care facility;

(f) a foster care, residential, or institutional worker;

(g) a peace officer or other law enforcement official;

(h) a member of the clergy, as defined in 15-6-201 (2)(b);

(i) a guardian ad litem or a court-appointed advocate who is authorized to investigate a report of alleged abuse or neglect;

(j) an employee of an entity that contracts with the department to provide direct services to children; and

(k) an employee of the department while in conduct of the employee's duties.

(3) A professional listed in subsection (2)(a) or (2)(b) involved in the delivery or care of an infant shall report to the department any infant known to the professional to be affected by a dangerous drug, as defined in 50-32-101 .

(4) Any person may make a report under this section if the person knows or has reasonable cause to suspect that a child is abused or neglected. The department shall follow the provisions of 41-3-212 when taking the report.

(5) (a) When a professional or official required to report under subsection (2) makes a report, the department:

(i) may share information with:

(A) that professional or official; or

(B) other individuals with whom the professional or official works in an official capacity if the individuals are part of a team that responds to matters involving the child or the person about whom the report was made and the professional or official has asked that the information be shared with the individuals; and

(ii) shall share information with the individuals listed in subsections (5)(a)(i)(A) and (5)(a)(i)(B) on specific request. Information shared pursuant to this subsection (5)(a)(ii) may be limited to the outcome of the investigation and any subsequent action that will be taken on behalf of the child who is the subject of the report.

(b) The department may provide information in accordance with 41-3-202 (8) and also share information about the investigation, limited to its outcome and any subsequent action that will be taken on behalf of the child who is the subject of the report.

(c) Individuals who receive information pursuant to this subsection (5) shall maintain the confidentiality of the information as required by 41-3-205 .

(6) (a) Except as provided in subsection (6)(b) or (6)(c), a person listed in subsection (2) may not refuse to make a report as required in this section on the grounds of a physician-patient or similar privilege.

(b) A member of the clergy or a priest is not required to make a report under this section if:

(i) the knowledge or suspicion of the abuse or neglect came from a statement or confession made to the member of the clergy or the priest in that person's capacity as a member of the clergy or as a priest;

(ii) the statement was intended to be a part of a confidential communication between the member of the clergy or the priest and a member of the church or congregation; and

(iii) the person who made the statement or confession does not consent to the disclosure by the member of the clergy or the priest.

(c) A member of the clergy or a priest is not required to make a report under this section if the communication is required to be confidential by canon law, church doctrine, or established church practice.

(7) The reports referred to under this section must contain:

(a) the names and addresses of the child and the child's parents or other persons responsible for the child's care;

(b) to the extent known, the child's age and the nature and extent of the child's injuries, including any evidence of previous injuries;

(c) any other information that the maker of the report believes might be helpful in establishing the cause of the injuries or showing the willful neglect and the identity of the person or persons responsible for the injury or neglect; and

(d) the facts that led the person reporting to believe that the child has suffered injury or injuries or willful neglect, within the meaning of this chapter.
Mont. Code Ann. § 41-3-424 — MT Code / Title 41 / Chapter 3 / Part 4 / Section 41-3-424
41-3-424 Dismissal
Status: in_force

41-3-424 . Dismissal. Unless the petition has been previously dismissed, the court shall dismiss an abuse and neglect petition on the motion of a party, or on its own motion, in any case in which all of the following criteria are met:

(1) a child who has been placed in foster care is reunited with the child's parents and returned home;

(2) the child remains in the home for a minimum of 6 months with no additional confirmed reports of child abuse or neglect; and

(3) the department determines and informs the court that the issues that led to department intervention have been resolved and that no reason exists for further department intervention or monitoring.
Mont. Code Ann. § 41-3-108 — MT Code / Title 41 / Chapter 3 / Part 1 / Section 41-3-108
41-3-108 Child protective teams
Status: in_force

41-3-108 . Child protective teams. The county attorney, county commissioners, guardian ad litem, or department may convene one or more temporary or permanent interdisciplinary child protective teams. These teams may assist in assessing the needs of, formulating and monitoring a treatment plan for, and coordinating services to the child and the child's family. The supervisor of child protective services in a local service area or the supervisor's designee shall serve as the team's coordinator. Members must include:

(1) a child protection investigator or a child reunification specialist;

(2) a member of a local law enforcement agency;

(3) a representative of the medical profession;

(4) a representative of a public school system;

(5) a county attorney; and

(6) if an Indian child or children are involved, someone, preferably an Indian person, knowledgeable about Indian culture and family matters.
Mont. Code Ann. § 41-5-221 — MT Code / Title 41 / Chapter 5 / Part 2 / Section 41-5-221
41-5-221 Penalty for unauthorized disclosure of or access to records
Status: in_force

41-5-221 . Penalty for unauthorized disclosure of or access to records. A person who discloses or accesses a formal youth court record, an informal youth court record, or a department record in violation of 41-5-215 or 41-5-216 is guilty of a misdemeanor and shall be fined $500.
Mont. Code Ann. § 41-3-1326 — MT Code / Title 41 / Chapter 3 / Part 13 / Section 41-3-1326
41-3-1326 Consent
Status: in_force

41-3-1326 . Consent. (1) At an involuntary foster care placement hearing, a stipulation or consent by the parent or Indian custodian is not valid unless the court certifies on the record that the terms and consequences of the stipulation or consent were fully explained in detail and were fully understood by the parent or Indian custodian. The court shall certify on the record that the parent or Indian custodian fully understood the explanation in English or that the explanation was translated into a language that the parent or Indian custodian understood.

(2) In a voluntary proceeding for foster care placement or termination of parental rights, consent by a parent or Indian custodian is not valid unless the consent is:

(a) executed in writing and recorded before a judge of a court of competent jurisdiction; and

(b) accompanied by the judge's written certificate that:

(i) the terms and consequences of the consent were fully explained in detail and were fully understood by the parent or Indian custodian; and

(ii) the parent or Indian custodian fully understood the explanation in English or that the explanation was translated into a language that the parent or Indian custodian understood.

(3) Voluntary consent for release of custody given prior to or within 10 days after the birth of an Indian child may not be considered valid.

(4) An Indian child's parent or Indian custodian may withdraw consent to a voluntary foster care placement at any time. On withdrawal of consent, the Indian child must be returned to the parent or Indian custodian.

(5) In a voluntary proceeding for termination of parental rights to or adoptive placement of an Indian child, the consent of the parent may be withdrawn for any reason at any time prior to the entry of an order terminating parental rights or a final decree of adoption, and the Indian child must be returned to the parent.

(6) (a) After the entry of a final decree of adoption of an Indian child, the parent may withdraw consent to the adoption on the grounds that consent was obtained through fraud or duress. On a finding that consent was obtained through fraud or duress, the court shall vacate the decree and return the Indian child to the parent.

(b) An adoption that has been effective for at least 2 years may not be invalidated under this section unless otherwise allowed by law.
Mont. Code Ann. § 41-3-1307 — MT Code / Title 41 / Chapter 3 / Part 13 / Section 41-3-1307
41-3-1307 Determination of Indian tribe
Status: in_force

41-3-1307 . Determination of Indian tribe. (1) If the Indian child is a member of or eligible for membership in only one tribe, that tribe must be designated as the Indian child's tribe.

(2) If the Indian child meets the definition of Indian child through more than one tribe, deference must be given to the tribe in which the Indian child is already a member, unless otherwise agreed to by the tribes.

(3) (a) If the Indian child meets the definition of Indian child through more than one tribe because the child is a member in more than one tribe or the child is not a member of but is eligible for membership in more than one tribe, the court shall provide the opportunity in any involuntary child custody proceeding for the tribes to determine which tribe should be designated as the Indian child's tribe.

(b) If the tribes are able to reach an agreement, the court shall designate the agreed-on tribe as the Indian child's tribe.

(c) If the tribes are unable to reach an agreement, for the purposes of this part the court shall designate as the child's tribe the tribe with which the child has the more significant contacts as the Indian child's tribe. In making the designation, the court shall consider:

(i) the preference of the parents for membership of the child;

(ii) the length of the child's past residence or domicile on or near the reservation of each tribe;

(iii) the tribal membership of the child's custodial parent or Indian custodian;

(iv) the interest asserted by each tribe in the child custody proceeding;

(v) whether there has been a previous adjudication with respect to the child by a court of one of the tribes; and

(vi) self-identification by the child, if the child is of sufficient age and capacity to meaningfully self-identify with a tribe.

(4) A determination of the Indian child's tribe for the purposes of this part does not constitute a determination for any other purpose.
Mont. Code Ann. § 41-5-334 — MT Code / Title 41 / Chapter 5 / Part 3 / Section 41-5-334
41-5-334 Custody -- hearing for probable cause -- determinations -- detention -- release
Status: in_force

41-5-334 . Custody -- hearing for probable cause -- determinations -- detention -- release. (1) If, at a probable cause hearing held pursuant to 41-5-332 , it is determined that there is probable cause to believe that the youth is a delinquent youth or a youth in need of intervention, the court having jurisdiction in the case shall determine whether the youth should be retained in custody. If the court determines that continued custody of the youth is necessary and if the youth meets the criteria in 41-5-341 through 41-5-343 , the youth may be placed in a detention facility, a youth assessment center, or a shelter care facility as provided in 41-5-345 through 41-5-348 but may not be placed in a jail or other facility used for the confinement of adults accused or convicted of criminal offenses.

(2) If probable cause is not found or if a probable cause hearing is not held within the time specified in 41-5-332 , the youth must be immediately released from custody.
Mont. Code Ann. § 41-5-2501 — MT Code / Title 41 / Chapter 5 / Part 25 / Section 41-5-2501
41-5-2501 Short title
Status: in_force

41-5-2501 . Short title. This part may be cited as the "Criminally Convicted Youth Act".
Mont. Code Ann. § 41-3-901 — MT Code / Title 41 / Chapter 3 / Part 9 / Section 41-3-901
41-3-901 Central registry -- purpose -- determinations
Status: in_force

41-3-901 . Central registry -- purpose -- determinations. (1) There is established a statewide central registry to maintain information on individuals who are the subject of substantiated determinations of child abuse or neglect. The information may be made available during a background check of an individual as provided for in 41-3-205 and may affect the individual's ability to volunteer or obtain employment or licensure in areas in which the individual may have unsupervised contact with children, such as child care, foster care, or group home care.

(2) For the purposes of this part, a determination of child abuse or neglect must be categorized according to the following definitions:

(a) (i) "Substantiated" means that the department has investigated the reported act of child abuse or neglect and determined by a preponderance of the evidence that an act of child abuse or neglect occurred.

(ii) The subject of a substantiated determination may be added to the central registry and must be notified of the consequences of being listed in the central registry, as well as the subject's rights and procedures for requesting expungement from the central registry.

(b) "Unfounded" means that the department has investigated the reported act of child abuse or neglect and there is no evidence to corroborate the report.

(c) "Unsubstantiated" means that the department has investigated the reported act of child abuse or neglect and is unable to determine by a preponderance of the evidence that an act of child abuse or neglect occurred.
Mont. Code Ann. § 41-3-446 — MT Code / Title 41 / Chapter 3 / Part 4 / Section 41-3-446
41-3-446 Contributions by parents or guardians for youth's care
Status: in_force

41-3-446 . Contributions by parents or guardians for youth's care. (1) (a) In accordance with subsections (1)(b) and (1)(c), if physical or legal custody of the youth is transferred to the department, the court shall examine the financial ability of the youth's parent or guardian to pay a contribution covering all or part of the costs for the care, custody, and treatment of the youth, including the costs of necessary medical, dental, and other health care.

(b) The court may order contribution only upon a finding that:

(i) the payment is in the best interests of the child; and

(ii) the payment will not impede successful achievement of the child's permanency plan or the parent's or guardian's ability to engage in reunification efforts.

(c) In making a determination under this section, the court shall presume that it is not in the best interests of a child to order a contribution from the child's parent or guardian unless the child has been in the physical or legal custody of the state for 18 consecutive months or more.

(2) If the court determines that the youth's parent or guardian is able to pay a contribution as provided in subsection (1), the court shall order the youth's parent or guardian to pay an amount based on the uniform child support guidelines adopted by the department of public health and human services pursuant to 40-5-209 . The court may not order a retroactive contribution from the parent or guardian for costs incurred before the order is issued. An order under this subsection must be in writing.

(3) (a) Except as provided in subsection (3)(b), contributions ordered under this section and each modification of an existing order are enforceable by immediate or delinquency income withholding, or both, under Title 40, chapter 5, part 4. An order for a contribution that is inconsistent with this section is nevertheless subject to withholding for the payment of the contribution without need for an amendment of the support order or for any further action by the court.

(b) A court-ordered exception from contributions under this section must be in writing and must be included in the order. An exception from the immediate income-withholding requirement may be granted if the court finds that there is:

(i) good cause not to require immediate income withholding; or

(ii) an alternative arrangement between the department and the person who is ordered to pay contributions.

(c) A finding of good cause not to require immediate income withholding must, at a minimum, be based upon:

(i) a written determination and explanation by the court of the reasons why the implementation of immediate income withholding is not in the best interests of the child; and

(ii) proof of timely payment of previously ordered support in cases involving modification of contributions ordered under this section.

(d) When assessing whether the implementation of immediate income withholding is in the best interest of the child under subsection (3)(c)(i), the court shall consider whether immediate income withholding would impede successful achievement of the child's permanency plan or the parent's or guardian's ability to engage in reunification efforts.

(e) An alternative arrangement must:

(i) provide sufficient security to ensure compliance with the arrangement;

(ii) be in writing and be signed by a representative of the department and the person required to make contributions; and

(iii) be approved by the court and entered into the record of the proceeding.

(4) Upon a showing of a change in the financial ability of the youth's parent or guardian to pay, the court may modify its order for the payment of contributions required under subsection (2).

(5) (a) If the court orders the payment of contributions under this section, the department shall apply to the department of public health and human services for support enforcement services pursuant to Title IV-D of the Social Security Act.

(b) The department of public health and human services may collect and enforce a contribution order under this section by any means available under law, including the remedies provided for in Title 40, chapter 5, parts 2 and 4.

(6) Unless a youth receives benefits under Title 53, chapter 4, part 2, the department may not seek a contribution from a parent or guardian of a youth whose physical or legal custody has been transferred to the department under this chapter except under the provisions of this section or pursuant to a preexisting support order under 40-5-290 .
Mont. Code Ann. § 41-5-2001 — MT Code / Title 41 / Chapter 5 / Part 20 / Section 41-5-2001
41-5-2001 Short title
Status: in_force

41-5-2001 . Short title. This part may be cited as the "Juvenile Delinquency Intervention Act".
Mont. Code Ann. § 41-3-1312 — MT Code / Title 41 / Chapter 3 / Part 13 / Section 41-3-1312
41-3-1312 Full faith and credit
Status: in_force

41-3-1312 . Full faith and credit. The state shall give full faith and credit to the public acts, records, judicial proceedings, and judgments of any Indian tribe that are applicable to Indian child custody proceedings.
Mont. Code Ann. § 41-4-102 — MT Code / Title 41 / Chapter 4 / Part 1 / Section 41-4-102
41-4-102 Financial responsibility
Status: in_force

41-4-102 . Financial responsibility. Financial responsibility for any child placed pursuant to the provisions of the Interstate Compact on the Placement of Children must be determined in accordance with the provisions of Article V of that compact in the first instance. However, in the event of partial or complete default of performance under the compact, the provisions of Title 40, chapter 5, part 10 (Uniform Interstate Family Support Act), 41-3-446 , and 52-2-611 also may be invoked.
Mont. Code Ann. § 41-5-1801 — MT Code / Title 41 / Chapter 5 / Part 18 / Section 41-5-1801
41-5-1801 Shelter care facilities
Status: in_force

41-5-1801 . Shelter care facilities. (1) Counties, cities, or nonprofit corporations may provide by purchase, lease, or otherwise, a shelter care facility.

(2) A shelter care facility must be physically separated from any facility housing adults accused or convicted of criminal offenses.

(3) State appropriations and federal funds may be received by counties, cities, or nonprofit corporations for establishment, maintenance, or operation of a shelter care facility.

(4) A shelter care facility must be furnished in a comfortable manner.

(5) A shelter care facility may be operated in conjunction with a youth detention facility.

(6) A shelter care facility may permit a school district to use the facility as an alternative education site provided that the school district provides the educational program and personnel necessary to instruct the youth. Public schools shall follow the requirements of the federal Individuals with Disabilities Education Act, 20 U.S.C. 1400, et seq., in making education placement decisions for youth with disabilities.
Mont. Code Ann. § 41-3-1203 — MT Code / Title 41 / Chapter 3 / Part 12 / Section 41-3-1203
41-3-1203 Terminated
Status: in_force

41-3-1203 . Terminated. Sec. 12, Ch. 333, L. 2013.
Mont. Code Ann. § 41-5-2003 — MT Code / Title 41 / Chapter 5 / Part 20 / Section 41-5-2003
41-5-2003 Establishment of program -- office of court administrator duties
Status: in_force

41-5-2003 . Establishment of program -- office of court administrator duties. (1) There is a juvenile delinquency intervention program. Each judicial district shall participate in the program.

(2) The office of court administrator and the judicial district shall monitor the judicial district's annual allocation provided for in 41-5-130 to ensure that the judicial district does not exceed its allocation.

(3) The office of court administrator shall provide technical assistance to each judicial district for the monitoring of its annual allocation.

(4) The office of court administrator shall assist each youth court in developing placement alternatives and community intervention and prevention programs and services.

(5) (a) Each fiscal year, the office of court administrator may select out-of-home placements, programs, and services to be evaluated for their effectiveness in achieving the purposes provided in 41-5-2002 . The cost containment review panel shall provide recommendations to the office on out-of-home placements, programs, and services to be evaluated and on the scope of the evaluation. Before conducting any evaluation, the office shall obtain approval from the district court council established in 3-1-1602 .

(b) The office shall report the results of any evaluation conducted under subsection (5)(a) to the department, cost containment review panel, district court council, and biennially to the law and justice interim committee in accordance with 5-11-210 .
Mont. Code Ann. § 41-3-423 — MT Code / Title 41 / Chapter 3 / Part 4 / Section 41-3-423
41-3-423 Reasonable efforts required to prevent removal of child or to return -- exemption -- findings -- permanency plan
Status: in_force

41-3-423 . Reasonable efforts required to prevent removal of child or to return -- exemption -- findings -- permanency plan. (1) (a) The department shall make reasonable efforts to prevent the necessity of removal of a child from the child's home and to reunify families that have been separated by the state.

(b) For the purposes of this subsection (1), the term "reasonable efforts" means the department shall in good faith:

(i) conduct a comprehensive assessment of the circumstances of the family, with a focus on safe reunification as the most desirable goal. The assessment must be provided to the parents and to counsel for the parents.

(ii) identify appropriate services and help the parents overcome barriers, including actively assisting the parents in obtaining appropriate services;

(iii) with parental consent, identify and invite the extended family to participate in providing support and services to the family and to participate in family team meetings, permanency planning, and resolution of placement issues;

(iv) conduct or cause to be conducted a diligent search for the child's extended family members and contact and consult with extended family members to provide family structure and support for the child and the parents;

(v) offer and employ all available and culturally appropriate family preservation strategies and facilitate the use of remedial and rehabilitative services;

(vi) take steps to keep siblings together whenever possible;

(vii) support regular visits with parents in the most natural setting possible, as well as trial home visits with the child during any period of removal, consistent with the need to ensure the health, safety, and welfare of the child;

(viii) identify community resources, including housing, financial, transportation, mental health, substance abuse, and peer support services, and actively assist the parents or, when appropriate, the child's family in utilizing and accessing the resources;

(ix) monitor progress and participation in services; and

(x) consider alternative ways to address the needs of the parents and, when appropriate, the family if the optimum services do not exist or are not available.

(c) In determining preservation or reunification services to be provided and in making reasonable efforts at providing preservation or reunification services, the child's health and safety are of paramount concern.

(2) Except in a proceeding subject to the federal Indian Child Welfare Act or the Montana Indian Child Welfare Act provided for in Title 41, chapter 3, part 13, the department may, at any time during an abuse and neglect proceeding, make a request for a determination that preservation or reunification services need not be provided. If an indigent parent is not already represented by counsel, the court shall immediately provide for the appointment or assignment of counsel to represent the indigent parent in accordance with the provisions of 41-3-425 . A court may make a finding that the department need not make reasonable efforts to provide preservation or reunification services if the court finds that the parent has:

(a) subjected a child to aggravated circumstances, including but not limited to abandonment, torture, chronic abuse, or sexual abuse or chronic, severe neglect of a child;

(b) committed, aided, abetted, attempted, conspired, or solicited deliberate or mitigated deliberate homicide of a child;

(c) committed aggravated assault against a child;

(d) committed neglect of a child that resulted in serious bodily injury or death; or

(e) had parental rights to the child's sibling or other child of the parent involuntarily terminated and the circumstances related to the termination of parental rights are relevant to the parent's ability to adequately care for the child at issue.

(3) Preservation or reunification services are not required for a putative father, as defined in 42-2-201 , if the court makes a finding that the putative father has failed to do any of the following:

(a) contribute to the support of the child for an aggregate period of 1 year, although able to do so;

(b) establish a substantial relationship with the child. A substantial relationship is demonstrated by:

(i) visiting the child at least monthly when physically and financially able to do so; or

(ii) having regular contact with the child or with the person or agency having the care and custody of the child when physically and financially able to do so; and

(iii) manifesting an ability and willingness to assume legal and physical custody of the child if the child was not in the physical custody of the other parent.

(c) register with the putative father registry pursuant to Title 42, chapter 2, part 2, and the person has not been:

(i) adjudicated in Montana to be the father of the child for the purposes of child support; or

(ii) recorded on the child's birth certificate as the child's father.

(4) A judicial finding that preservation or reunification services are not necessary under this section must be supported by clear and convincing evidence.

(5) If the court finds that preservation or reunification services are not necessary pursuant to subsection (2) or (3), a permanency hearing must be held within 30 days of that determination and reasonable efforts, including consideration of both in-state and out-of-state permanent placement options for the child, must be made to place the child in a timely manner in accordance with the permanency plan and to complete whatever steps are necessary to finalize the permanent placement of the child.

(6) If reasonable efforts have been made to prevent removal of a child from the home or to return a child to the child's home but continuation of the efforts is determined by the court to be inconsistent with the permanency plan for the child, the department shall make reasonable efforts to place the child in a timely manner in accordance with the permanency plan, including, if appropriate, placement in another state, and to complete whatever steps are necessary to finalize the permanent placement of the child. Reasonable efforts to place a child permanently for adoption or to make an alternative out-of-home permanent placement may be made concurrently with reasonable efforts to return a child to the child's home. Concurrent planning, including identifying in-state and out-of-state placements, may be used.

(7) When determining whether the department has made reasonable efforts to prevent the necessity of removal of a child from the child's home or to reunify families that have been separated by the state, the court shall review the services provided by the agency including, if applicable, protective services provided pursuant to 41-3-302 .
Mont. Code Ann. § 41-1-405 — MT Code / Title 41 / Chapter 1 / Part 4 / Section 41-1-405
41-1-405 Emergencies and special situations
Status: in_force

41-1-405 . Emergencies and special situations. (1) A health professional may render or attempt to render emergency service or first aid, medical, surgical, dental, or psychiatric treatment, without compensation, to any injured person or any person regardless of age who is in need of immediate health care when, in good faith and with a reasonable belief supported by fact, the professional believes that the giving of aid is the only alternative to probable death or irreparable physical damage.

(2) Consent may not be required of a minor who does not possess the mental capacity or who has a physical disability that renders the minor incapable of giving consent and who, after a diligent search, has no known relatives or legal guardians, if a physician determines that the health service is the only alternative to probable death or irreparable physical damage.

(3) Self-consent of minors does not apply to sterilization or abortion, except as provided in Title 50, chapter 20, part 5.
Mont. Code Ann. § 41-3-130 — MT Code / Title 41 / Chapter 3 / Part 1 / Section 41-3-130
41-3-130 Implementation of certification requirement for child protection investigators and child reunification specialists
Status: in_force

41-3-130 . Implementation of certification requirement for child protection investigators and child reunification specialists. (1) (a) The department shall engage and collaborate with an external organization to develop a child welfare certification and training program, including a competency examination, that must be an ongoing component of the department's child welfare work.

(b) The program and examination must be reevaluated every 2 years to ensure that they:

(i) reflect current trends, research, and developments in the law; and

(ii) promote evidence-based or evidence-informed practices.

(2) A person hired by the department for a child-facing position shall become a certified child protection investigator or a certified child reunification specialist pursuant to 41-3-127 through 41-3-130 within 1 year of the date of hire.

(3) For the purpose of this section, "child-facing position" means an employee role under this chapter that involves regular interaction with minors, including but not limited to investigating reports of child abuse, neglect, or endangerment and coordinating reunification services.
Mont. Code Ann. § 41-5-206 — MT Code / Title 41 / Chapter 5 / Part 2 / Section 41-5-206
41-5-206 Filing in district court prior to formal proceedings in youth court
Status: in_force

41-5-206 . Filing in district court prior to formal proceedings in youth court. (1) The county attorney may, in the county attorney's discretion and in accordance with the procedure provided in 46-11-201 , file with the district court a motion for leave to file an information in the district court if:

(a) the youth charged was 12 years of age or older at the time of the conduct alleged to be unlawful and the unlawful act would if it had been committed by an adult constitute:

(i) aggravated sexual intercourse without consent as defined in 45-5-508 ;

(ii) sexual intercourse without consent as defined in 45-5-503 ;

(iii) deliberate homicide as defined in 45-5-102 ;

(iv) mitigated deliberate homicide as defined in 45-5-103 ;

(v) assault on a peace officer or judicial officer as defined in 45-5-210 (1)(b)(i), (1)(c), or (1)(d); or

(vi) the attempt, as defined in 45-4-103 , of or accountability, as provided in 45-2-301 , for any of the acts enumerated in subsection (1)(a)(i) through (1)(a)(v); or

(b) the youth charged was 16 years of age or older at the time of the conduct alleged to be unlawful and the unlawful act is one or more of the following:

(i) negligent homicide as defined in 45-5-104 ;

(ii) negligent vehicular homicide while under the influence as defined in 45-5-106 ;

(iii) assault on a peace officer or judicial officer as defined in 45-5-210 (1)(a) or (1)(b)(ii);

(iv) arson as defined in 45-6-103 ;

(v) aggravated assault as defined in 45-5-202 ;

(vi) sexual assault as provided in 45-5-502 (3);

(vii) assault with a weapon as defined in 45-5-213 ;

(viii) strangulation of a partner or family member as defined in 45-5-215 ;

(ix) robbery as defined in 45-5-401 ;

(x) aggravated burglary as defined in 45-6-204 ;

(xi) kidnapping as defined in 45-5-302 ;

(xii) aggravated kidnapping as defined in 45-5-303 ;

(xiii) possession of explosives as defined in 45-8-335 ;

(xiv) criminal distribution of dangerous drugs as defined in 45-9-101 ;

(xv) criminal possession with intent to distribute as defined in 45-9-103 (1);

(xvi) criminal production or manufacture of dangerous drugs as defined in 45-9-110 ;

(xvii) use of threat to coerce criminal street gang membership or use of violence to coerce criminal street gang membership as defined in 45-8-403 ;

(xviii) escape as defined in 45-7-306 ;

(xix) aggravated sex trafficking as defined in 45-5-706 ;

(xx) child sex trafficking as defined in 45-5-711 ;

(xxi) ritual abuse of a minor as defined in 45-5-627 ;

(xxii) attempt, as defined in 45-4-103 , of or accountability, as provided in 45-2-301 , for any of the acts enumerated in subsections (1)(b)(i) through (1)(b)(xxi).

(2) The county attorney shall file with the district court a petition for leave to file an information in district court if the youth was 17 years of age at the time the youth committed an offense listed under subsection (1).

(3) The district court shall grant leave to file the information if it appears from the affidavit or other evidence supplied by the county attorney that there is probable cause to believe that the youth has committed the alleged offense. Within 30 days after leave to file the information is granted, the district court shall conduct a hearing to determine whether the matter must be transferred back to the youth court, unless the hearing is waived by the youth or by the youth's counsel in writing or on the record. The hearing may be continued on request of either party for good cause. The district court may not transfer the case back to the youth court unless the district court finds, by a preponderance of the evidence, that:

(a) a youth court proceeding and disposition will serve the interests of community protection;

(b) the nature of the offense does not warrant prosecution in district court; and

(c) it would be in the best interests of the youth if the matter was prosecuted in youth court.

(4) The filing of an information in district court terminates the jurisdiction of the youth court over the youth with respect to the acts alleged in the information. A youth may not be prosecuted in the district court for a criminal offense originally subject to the jurisdiction of the youth court unless the case has been filed in the district court as provided in this section. A case may be transferred to district court after prosecution as provided in 41-5-208 or 41-5-1605 .

(5) At any time prior to trial, the county attorney may transfer the case to youth court for good cause.

(6) (a) If, during the commission of a criminal offense enumerated in subsection (1), a youth commits additional criminal offenses that are not enumerated in subsection (1), the county attorney may file those nonenumerated offenses with the same district court.

(b) If a youth is found guilty in district court of a criminal offense enumerated in subsection (1) and any offense that arose during the commission of a crime enumerated in subsection (1), the court shall sentence the youth pursuant to 41-5-2503 and Titles 45 and 46.

(c) If a youth is acquitted in district court of all criminal offenses enumerated in subsection (1), the district court shall sentence the youth in district court pursuant to Title 41 for any remaining offenses for which the youth is found guilty.

(7) A youth who is sentenced to the department or a state prison must be evaluated and placed by the department in an appropriate correctional facility. The department shall confine the youth in an institution that it considers proper, including a correctional facility under the procedures of 52-5-111 . However, a youth under 16 years of age may not be confined in a state prison facility. During the period of confinement, school-aged youth with disabilities must be provided an education consistent with the requirements of the federal Individuals With Disabilities Education Act, 20 U.S.C. 1400, et seq.

(8) If a youth's case is filed in the district court and remains in the district court after the transfer hearing, the youth may be detained in a jail or other adult detention facility pending final disposition of the youth's case if:

(a) the youth is kept in an area that provides sight and sound separation from adults accused or convicted of criminal offenses; and

(b) the court finds, after a hearing and in writing, that it is in the interest of justice to hold the youth in an adult jail or adult detention facility based on:

(i) the youth's:

(A) age;

(B) physical and mental maturity; and

(C) present mental state, including whether the youth presents an imminent risk of harm to the youth's self or others;

(ii) the nature and circumstances of the alleged offense;

(iii) the youth's history of prior delinquent acts;

(iv) the relative ability of the available adult and juvenile detention facilities to meet the specific needs of the youth and protect the safety of the public as well as other detained youth; and

(v) any other relevant factor.

(9) If the court finds, based on the criteria in subsection (8)(b), that it is in the interest of justice to detain a youth under the jurisdiction of district court in an adult jail or adult detention facility pending the final disposition of the youth's case, the court must:

(a) hold a hearing at least once every 30 days to review whether it is still in the interest of justice to require the youth to continue to be held in an area of a secure adult facility that provides sight and sound separation from adults accused or convicted of criminal offenses;

(b) hold an additional hearing before the youth has been detained for 180 days to determine, in writing, if there is good cause for an extension unless the youth expressly waives this limitation.
Mont. Code Ann. § 41-5-215 — MT Code / Title 41 / Chapter 5 / Part 2 / Section 41-5-215
41-5-215 Youth court and department records -- notification of school
Status: in_force

41-5-215 . Youth court and department records -- notification of school. (1) Formal youth court records, including reports of preliminary inquiries, petitions, motions, other filed pleadings, court findings, verdicts, and orders and decrees on file with the clerk of court, are public records and are open to public inspection until the records are sealed under 41-5-216 .

(2) Social, medical, and psychological records, youth assessment materials, predispositional studies, and supervision records of probationers are open only to the following:

(a) the youth court and its professional staff;

(b) representatives of any agency providing supervision and having legal custody of a youth;

(c) any other person, by order of the court, having a legitimate interest in the case or in the work of the court;

(d) any court and its probation and other professional staff or the attorney for a convicted party who had been a party to proceedings in the youth court when considering the sentence to be imposed on the party;

(e) the county attorney;

(f) the youth who is the subject of the report or record, after emancipation or reaching the age of majority;

(g) a member of a county or regional interdisciplinary child information and school safety team formed under 52-2-211 who is not listed in this subsection (2);

(h) members of a local interagency staffing group provided for in 52-2-203 ;

(i) persons allowed access under 42-3-203 ;

(j) persons conducting evaluations as required in 41-5-2003 ; and

(k) the attorney, guardian ad litem, or child advocate for the youth who is the subject of the report or record.

(3) In all cases, a victim is entitled to all information concerning the identity and disposition of the youth, as provided in 41-5-1416 .

(4) The school district may disclose, without consent, personally identifiable information from an education record of a pupil to the youth court and law enforcement authorities pertaining to violations of the Montana Youth Court Act or criminal laws by the pupil. The youth court or law enforcement authorities receiving the information shall certify in writing to the school district that the information will not be disclosed to any other party except as provided under state law without the prior consent of the parent or guardian of the pupil.

(5) Any part of records information secured from records listed in subsection (2), when presented to and used by the court in a proceeding under this chapter, must also be made available to the counsel for the parties to the proceedings.
Mont. Code Ann. § 41-3-445 — MT Code / Title 41 / Chapter 3 / Part 4 / Section 41-3-445
41-3-445 Permanency hearing
Status: in_force

41-3-445 . Permanency hearing. (1) (a) (i) Subject to subsection (1)(b), a permanency hearing must be held by the court or, subject to the approval of the court and absent an objection by a party to the proceeding, by the foster care review committee, as provided in 41-3-115 , or the citizen review board, as provided in 41-3-1010 :

(A) within 30 days of a determination that reasonable efforts to provide preservation or reunification services are not necessary under 41-3-423 , 41-3-438 (6), or 41-3-442 (1); or

(B) no later than 12 months after the initial court finding that the child has been subjected to abuse or neglect or 12 months after the child's first 60 days of removal from the home, whichever comes first.

(ii) Within 12 months of a hearing under subsection (1)(a)(i)(B) and every 12 months thereafter until the child is permanently placed in either an adoptive or a guardianship placement, the court or the court-approved entity holding the permanency hearing shall conduct a hearing and the court shall issue a finding as to whether the department has made reasonable efforts to finalize the permanency plan for the child.

(b) A permanency hearing is not required if the proceeding has been dismissed, the child was not removed from the home, the child has been returned to the child's parent or guardian, or the child has been legally adopted or appointed a legal guardian.

(c) The permanency hearing may be combined with a hearing that is required in other sections of this part or with a review held pursuant to 41-3-115 or 41-3-1010 if held within the applicable time limits. If a permanency hearing is combined with another hearing or a review, the requirements of the court related to the disposition of the other hearing or review must be met in addition to the requirements of this section.

(d) The court-approved entity conducting the permanency hearing may elect to hold joint or separate reviews for groups of siblings, but the court shall issue specific findings for each child.

(2) At least 3 working days prior to the permanency hearing, the department shall submit a report regarding the child to the entity that will be conducting the hearing for review. The report must address the department's efforts to effectuate the permanency plan for the child, address the options for the child's permanent placement, examine the reasons for excluding higher priority options, and set forth the proposed plan to carry out the placement decision, including specific times for achieving the plan.

(3) At least 3 working days prior to the permanency hearing, the guardian ad litem or an attorney or advocate for a parent or guardian may submit an informational report to the entity that will be conducting the hearing for review.

(4) In a permanency hearing, the court or other entity conducting the hearing shall consult, in an age-appropriate manner, with the child regarding the proposed permanency or transition plan for the child.

(5) (a) The court's order must be issued within 20 days after the permanency hearing if the hearing was conducted by the court.

(b) If an entity other than the court conducts the hearing, the entity shall keep minutes of the hearing and the minutes and written recommendations must be provided to the court within 20 days of the hearing.

(c) If an entity other than the court conducts the hearing and the court concurs with the recommendations, the court may adopt the recommendations as findings with no additional hearing required. In this case, the court shall issue written findings within 10 days of receipt of the written recommendations.

(6) The court shall approve a specific permanency plan for the child and make written findings on:

(a) whether the child has been asked about the desired permanency outcome;

(b) whether the permanency plan is in the best interests of the child;

(c) whether the department has made reasonable efforts to effectuate the permanency plan for the individual child;

(d) whether the department has made reasonable efforts to finalize the plan;

(e) whether there are compelling reasons why it is not in the best interest of the individual child to:

(i) return to the child's home; or

(ii) be placed for adoption, with a legal guardian, or with a fit and willing relative; and

(f) other necessary steps that the department is required to take to effectuate the terms of the plan.

(7) In its discretion, the court may enter any other order that it determines to be in the best interests of the child that does not conflict with the options provided in subsection (8) and that does not require an expenditure of money by the department unless the court finds after notice and a hearing that the expenditures are 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.

(8) Permanency options include:

(a) reunification of the child with the child's parent or guardian;

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

(c) adoption;

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

(e) long-term custody if the child is in a planned permanent living arrangement and if it is established by a preponderance of the evidence, which is reflected in specific findings by the court, that:

(i) the child is being cared for by a fit and willing relative;

(ii) the child has an emotional or mental handicap that is so severe that the child cannot function in a family setting and the best interests of the child are served by placement in a residential or group setting;

(iii) the child is at least 16 years of age and is participating in an independent living program and that termination of parental rights is not in the best interests of the child;

(iv) the child's parent is incarcerated and circumstances, including placement of the child and continued, frequent contact with the parent, indicate that it would not be in the best interests of the child to terminate parental rights of that parent; or

(v) the child meets the following criteria:

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

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

(C) there is a judicial finding that other more permanent placement options for the child have been considered and found to be inappropriate or not to be in the best interests of the child; and

(D) the child has been in a placement in which the foster parent or relative has committed to the long-term care and to a relationship with the child, and it is in the best interests of the child to remain in that placement.

(9) For a child 14 years of age or older, the permanency plan must:

(a) be developed in consultation with the child and in consultation with up to two members of the child's case planning team who are chosen by the child and who are not a foster parent, child protection investigator, or child reunification specialist for the child;

(b) identify one person from the case management team, who is selected by the child, to be designated as the child's advisor and advocate for the application of the reasonable and prudent parenting standard; and

(c) include services that will be needed to transition the child from foster care to adulthood.

(10) A permanency hearing must document the intensive, ongoing, and unsuccessful efforts made by the department to return the child to the child's home or to secure a permanent placement of the child with a relative, legal guardian, or adoptive parent.

(11) The court may terminate a planned permanent living arrangement upon petition of the birth parents or the department if the court finds that the circumstances of the child or family have substantially changed and the best interests of the child are no longer being served.
Mont. Code Ann. § 41-6-105 — MT Code / Title 41 / Chapter 6 / Part 1 / Section 41-6-105
41-6-105 Responsibilities of courts, state departments, agencies, and officers
Status: in_force

41-6-105 . Responsibilities of courts, state departments, agencies, and officers. The courts, departments, agencies, and officers of this state and its subdivisions shall enforce this compact and shall do all things appropriate to the effectuation of its purposes and intent which may be within their respective jurisdictions.
Mont. Code Ann. § 41-3-440 — MT Code / Title 41 / Chapter 3 / Part 4 / Section 41-3-440
41-3-440 Limitation on placement
Status: in_force

41-3-440 . Limitation on placement. Except as provided in 41-3-301 (1) and in the absence of a dispute between the parties to the action regarding the appropriate placement, the department shall determine, in accordance with 41-3-450 and 41-3-451 , the appropriate placement for a child alleged to be or adjudicated as a youth in need of care. The court shall settle any dispute between the parties to an action regarding the appropriate placement. The child may not be placed in a youth assessment center, youth detention facility, detention center, or other facility intended or used for the confinement of adults or youth accused or convicted of criminal offenses.
Mont. Code Ann. § 41-5-1521 — MT Code / Title 41 / Chapter 5 / Part 15 / Section 41-5-1521
41-5-1521 Restitution
Status: in_force

41-5-1521 . Restitution. (1) In determining whether restitution, as authorized by 41-5-1304 , 41-5-1512 , or 41-5-1513 , is appropriate in a particular case, the following factors may be considered in addition to any other evidence:

(a) the age of the youth;

(b) the ability of the youth to pay;

(c) the ability of the parents, guardian, or those that contributed to the youth's delinquency or need for intervention to pay;

(d) the amount of damage to the victim; and

(e) legal remedies of the victim. However, the ability of the victim or the victim's insurer to stand any loss may not be considered.

(2) Restitution paid by a youth, a youth's parent or guardian, or a person who contributed to the delinquency of a youth is not subject to subrogation.

(3) (a) If, after a hearing held in accordance with 41-5-1432 , the court finds that the youth made a good faith effort yet was unable to pay restitution in full, the court shall relieve the individual of the requirement, and the balance will be void and uncollectable.

(b) If the court finds that a good faith effort was not made to pay restitution as ordered, the youth shall remain under the court's jurisdiction as provided in 41-5-208 until the age of 25. At the expiration of the court's jurisdiction, the balance of outstanding restitution is void and uncollectable.

(c) A youth under obligation to pay restitution may petition the court at any time for modification of the restitution order.
Mont. Code Ann. § 41-5-1806 — MT Code / Title 41 / Chapter 5 / Part 18 / Section 41-5-1806
41-5-1806 Contracts with nonparticipating counties
Status: in_force

41-5-1806 . Contracts with nonparticipating counties. Counties participating in a regional detention facility may enter into agreements with nonparticipating counties to provide services for the detention of youth. The costs of services must be based upon a per diem charge for the detention of youth in the facility.
Mont. Code Ann. § 41-3-135 — MT Code / Title 41 / Chapter 3 / Part 1 / Section 41-3-135
41-3-135 Vaccination status prohibited as grounds for action
Status: in_force

41-3-135 . Vaccination status prohibited as grounds for action. The vaccination status of a parent or child may not be admitted as evidence or considered as a factor in any administrative or judicial decision regarding a petition filed under part 3, part 4, part 6, or part 10 of this chapter.
Mont. Code Ann. § 41-5-348 — MT Code / Title 41 / Chapter 5 / Part 3 / Section 41-5-348
41-5-348 Place of detention
Status: in_force

41-5-348 . Place of detention. Placement in detention means placement in one of the following facilities:

(1) a short-term detention center;

(2) a youth detention facility, including a regional detention facility; or

(3) a secure detention facility outside the state or operated by an Indian tribe that is under contract to the state or a subdivision of the state and that is in substantial compliance with the licensing requirements contained in rules adopted by the department.
Mont. Code Ann. § 41-6-103 — MT Code / Title 41 / Chapter 6 / Part 1 / Section 41-6-103
41-6-103 Supplementary agreements
Status: in_force

41-6-103 . Supplementary agreements. The compact administrator is hereby authorized and empowered to enter into supplementary agreements with appropriate officials of other states pursuant to the compact. In the event that such supplementary agreement shall require or contemplate the use of any institution or facility of this state or require or contemplate the provision of any service by this state, said supplementary agreement shall have no force or effect until approved by the head of the department or agency under whose jurisdiction said institution or facility is operated or whose department or agency will be charged with the rendering of such service.
Mont. Code Ann. § 41-5-125 — MT Code / Title 41 / Chapter 5 / Part 1 / Section 41-5-125
41-5-125 Confidentiality of youth placement committee meetings and records
Status: in_force

41-5-125 . Confidentiality of youth placement committee meetings and records. (1) Meetings of a youth placement committee are closed to the public to protect a youth's right to individual privacy.

(2) Information presented to the committee about a youth and committee records are confidential and subject to confidentiality requirements established by the court.
Mont. Code Ann. § 41-5-1417 — MT Code / Title 41 / Chapter 5 / Part 14 / Section 41-5-1417
41-5-1417 Use of restraints on youth -- definition
Status: in_force

41-5-1417 . Use of restraints on youth -- definition. (1) (a) A youth under 10 years of age may not be restrained in a proceeding in youth court under any circumstances.

(b) (i) Except as provided in subsections (2) and (3), restraints may not be used on a youth 10 years of age or older during a proceeding in youth court and must be removed prior to the youth's appearance before the court.

(ii) A youth 10 years of age or older may not be restrained to a wall, the floor, another youth, or to furniture during a court proceeding.

(2) (a) The court may authorize the use of restraints on a youth 10 years of age or older during a court proceeding if the court holds a hearing and makes a finding by clear and convincing evidence that the use of restraints is the least restrictive means available and is necessary:

(i) to prevent physical harm to the youth or another person in the courtroom; or

(ii) because of a well-founded belief that the youth is a substantial flight risk.

(b) If an officer of the court or the county attorney recommends the use of restraints on a youth, the officer or attorney shall provide written notice to the court and the youth's attorney of the specific circumstances that support the recommendation. The notice must be included in the record.

(c) The court shall allow the youth's attorney and the officer of the court or county attorney recommending the use of restraints to be heard before the court makes a ruling on the use of restraints.

(3) (a) If the court orders the use of restraints on a youth 10 years of age or older, the court shall make written findings of fact in support of the order, including specific findings supporting the choice of restraints ordered by the court pursuant to subsection (3)(b).

(b) Restraints ordered by the court for use on a youth must properly account for the care, protection, and positive mental and physical development of the youth and must permit the youth to handle documents in a manner that allows the youth to fully engage in court proceedings.

(4) For the purposes of this section, "restraints" means handcuffs, leg shackles, leg irons, belly belts, belly chains, or other restraint devices used to restrict free movement of limbs or appendages, including restraints made of cloth and leather.
Mont. Code Ann. § 41-4-107 — MT Code / Title 41 / Chapter 4 / Part 1 / Section 41-4-107
41-4-107 Certain laws not applicable
Status: in_force

41-4-107 . Certain laws not applicable. The provisions of 52-2-114 shall not apply to placements made pursuant to the Interstate Compact on the Placement of Children.
Mont. Code Ann. § 41-3-205 — MT Code / Title 41 / Chapter 3 / Part 2 / Section 41-3-205
41-3-205 Confidentiality -- disclosure exceptions
Status: in_force

41-3-205 . Confidentiality -- disclosure exceptions. (1) The case records of the department and its local affiliate, the local office of public assistance, the county attorney, and the court concerning actions taken under this chapter and all records concerning reports of child abuse and neglect must be kept confidential except as provided by the provisions of 41-3-431 and this section. Except as provided in 41-3-431 and subsections (9) and (10) of this section, a person who purposely or knowingly permits or encourages the unauthorized dissemination of the contents of case records is guilty of a misdemeanor.

(2) Records may be disclosed to a court for in camera inspection if relevant to an issue before it. The court may permit public disclosure if it finds disclosure to be necessary for the fair resolution of an issue before it.

(3) Records, including case notes, correspondence, evaluations, videotapes, and interviews, unless otherwise protected by this section or unless disclosure of the records is determined to be detrimental to the child or harmful to another person who is a subject of information contained in the records, must, upon request, be disclosed to the following persons or entities in this state and any other state or country:

(a) a department, agency, or organization, including a federal agency, military enclave, or Indian tribal organization, that is legally authorized to receive, inspect, or investigate reports of child abuse or neglect and that otherwise meets the disclosure criteria contained in this section;

(b) a licensed youth care facility or a licensed child-placing agency that is providing services to the family or child who is the subject of a report in the records or to a person authorized by the department to receive relevant information for the purpose of determining the best interests of a child with respect to an adoptive placement;

(c) a health or mental health professional who is treating the family or child who is the subject of a report in the records;

(d) a parent, grandparent, aunt, uncle, brother, sister, guardian, mandatory reporter provided for in 41-3-201 (2) and (5), or person designated by a parent or guardian of the child who is the subject of a report in the records or other person responsible for the child's welfare, without disclosure of the identity of any person who reported or provided information on the alleged child abuse or neglect incident contained in the records;

(e) a child named in the records who was allegedly abused or neglected or the child's legal guardian or legal representative, including the child's guardian ad litem or attorney or a special advocate appointed by the court to represent a child in a pending case;

(f) the state protection and advocacy program as authorized by 42 U.S.C. 15043(a)(2);

(g) approved foster and adoptive parents who are or may be providing care for a child;

(h) a person about whom a report has been made and that person's attorney, with respect to the relevant records pertaining to that person only and without disclosing the identity of the reporter or any other person whose safety may be endangered;

(i) an agency, including a probation or parole agency, that is legally responsible for the supervision of an alleged perpetrator of child abuse or neglect;

(j) a person, agency, or organization that is engaged in a bona fide research or evaluation project and that is authorized by the department to conduct the research or evaluation;

(k) the members of an interdisciplinary child protective team authorized under 41-3-108 or of a family engagement meeting for the purposes of assessing the needs of the child and family, formulating a treatment plan, and monitoring the plan;

(l) the coroner or medical examiner when determining the cause of death of a child;

(m) a child fatality review team recognized by the department;

(n) a department or agency investigating an applicant for a license or registration that is required to operate a youth care facility, day-care facility, or child-placing agency. A department or agency under this subsection (3)(n) is limited to using, for the purposes of a licensing decision, information collected as part of an investigation in which the allegation of child abuse or neglect is made against the person about whom the information is sought and where the case determination is substantiated.

(o) a person or entity who is carrying out background, employment-related, or volunteer-related screening of current or prospective employees or volunteers who have or may have unsupervised contact with children through employment or volunteer activities. A request for information under this subsection (3)(o) must be made in writing. Disclosure under this subsection (3)(o) is limited to information collected as part of an investigation in which the allegation of child abuse or neglect is made against the person about whom the information is sought and where the case determination is substantiated.

(p) the news media, if disclosure is limited to confirmation of factual information regarding how the case was handled and if disclosure does not violate the privacy rights of the child or the child's parent or guardian, as determined by the department;

(q) an employee of the department or other state agency if disclosure of the records is necessary for administration of programs designed to benefit the child;

(r) an agency of an Indian tribe, a qualified expert witness, or the relatives of an Indian child if disclosure of the records is necessary to meet requirements of the federal Indian Child Welfare Act or the Montana Indian Child Welfare Act provided for in Title 41, chapter 3, part 13;

(s) a juvenile probation officer who is working in an official capacity with the child who is the subject of a report in the records;

(t) an attorney who is hired by or represents the department if disclosure is necessary for the investigation, defense, or prosecution of a case involving child abuse or neglect;

(u) a foster care review committee established under 41-3-115 or, when applicable, a citizen review board established under Title 41, chapter 3, part 10;

(v) a school employee participating in an interview of a child by a child protection investigator, county attorney, or peace officer, as provided in 41-3-202 ;

(w) a member of a county or regional interdisciplinary child information and school safety team formed under the provisions of 52-2-211 ;

(x) members of a local interagency staffing group provided for in 52-2-203 ;

(y) a member of a youth placement committee formed under the provisions of 41-5-121 ; or

(z) a principal of a school or other employee of the school district authorized by the trustees of the district to receive the information with respect to a student of the district who is a client of the department.

(4) (a) The records described in subsection (3) must be disclosed to a member of the United States congress or a member of the Montana legislature if all of the following requirements are met:

(i) the member receives a written inquiry regarding a child and whether the laws of the United States or the state of Montana that protect children from abuse or neglect are being complied with or whether the laws need to be changed to enhance protections for children;

(ii) the member submits a written request to the department requesting to review the records relating to the written inquiry. The member's request must include a copy of the written inquiry, the name of the child whose records are to be reviewed, and any other information that will assist the department in locating the records.

(iii) before reviewing the records, the member:

(A) signs a form that outlines the state and federal laws regarding confidentiality and the penalties for unauthorized release of the information; and

(B) receives from the department an orientation of the content and structure of the records. The orientation must include a checklist of documents that are regularly included in records, including but not limited to the following:

(I) any petition filed pursuant to Title 41, chapter 3, part 4, including any supporting affidavits and evidence;

(II) any court orders issued pursuant to Title 41, chapter 3, parts 4 and 6;

(III) notes from family engagement meetings and foster care review meetings; and

(IV) notes included in electronic case records or in case files maintained in local offices regarding staffing and interactions with parents or legal guardians, providers, or attorneys.

(b) (i) Without disclosing the identity of a person who reported the alleged child abuse or neglect, the department shall make available to the member all records concerning the child who is the subject of the written inquiry.

(ii) Except as provided in subsection (4)(b)(iii), records disclosed pursuant to this subsection (4) are confidential, may not be copied, photographed, or otherwise replicated by the member, and must remain solely in the department's possession. The member must be allowed to view the records in the local office where the case is or was active.

(iii) (A) A member may take notes to discuss the records with a parent or legal guardian about whom a report of alleged child abuse or neglect is made.

(B) The member may not disclose information to the parent or legal guardian that has been designated by the department in writing as subject to attorney-client privilege. If the requirements of subsection (4)(a) have been complied with, the right of a member to discuss records with a parent or legal guardian about whom a report of alleged abuse or neglect is made may not be limited unless the department has provided the member with a listing of documents designated as subject to attorney-client privilege.

(C) A member may challenge the department's designation of records as subject to attorney-client privilege in district court. All court filings must be filed under seal so as to preserve the privilege asserted. If the member retains an attorney to challenge the designation of a record as attorney-client privileged, the attorney shall sign a confidentiality agreement with the department.

(c) Access to records requested pursuant to this subsection (4) is limited to 6 months from the date the written request to review records was received by the department.

(d) Access to records requested pursuant to this subsection (4) must include access to drug testing results held by the department for testing conducted both in the field and in a laboratory.

(5) (a) The records described in subsection (3) must be promptly released to any of the following individuals upon a written request by the individual to the department or the department's designee:

(i) the attorney general;

(ii) a county attorney or deputy county attorney of the county in which the alleged abuse or neglect occurred;

(iii) a peace officer, as defined in 45-2-101 , in the jurisdiction in which the alleged abuse or neglect occurred; or

(iv) the office of the child and family ombudsman.

(b) The records described in subsection (3) must be promptly disclosed by the department to an appropriate individual described in subsection (5)(a) or to a county or regional interdisciplinary child information and school safety team established pursuant to 52-2-211 upon the department's receipt of a report indicating that any of the following has occurred:

(i) the death of the child as a result of child abuse or neglect;

(ii) a sexual offense, as defined in 46-23-502 , against the child;

(iii) exposure of the child to an actual and not a simulated violent offense as defined in 46-23-502 ; or

(iv) child abuse or neglect, as defined in 41-3-102 , due to exposure of the child to circumstances constituting the criminal manufacture or distribution of dangerous drugs.

(c) (i) The department shall promptly disclose the results of an investigation to an individual described in subsection (5)(a) or to a county or regional interdisciplinary child information and school safety team established pursuant to 52-2-211 upon the determination that:

(A) there is reasonable cause to suspect that a child has been exposed to a Schedule I or Schedule II drug whose manufacture, sale, or possession is prohibited under state law; or

(B) a child has been exposed to drug paraphernalia used for the manufacture, sale, or possession of a Schedule I or Schedule II drug that is prohibited by state law.

(ii) For the purposes of this subsection (5)(c), exposure occurs when a child is caused or permitted to inhale, have contact with, or ingest a Schedule I or Schedule II drug that is prohibited by state law or have contact with drug paraphernalia as defined in 45-10-101 .

(d) (i) Except as provided in subsection (5)(d)(ii), the records described in subsection (3) must be released within 5 business days to the county attorney of the county in which the acts that are the subject of a report occurred upon the department's receipt of a report that includes an allegation of sexual abuse or sexual exploitation. The department shall also report to any other appropriate individual described in subsection (5)(a) and to a county or regional interdisciplinary child information and school safety team established pursuant to 52-2-211 .

(ii) If the exception in 41-3-202 (1)(b) applies, a contractor described in 41-3-201 (2)(j) that provides confidential services to victims of sexual assault shall report to the department as provided in this part without disclosing the names of the victim and the alleged perpetrator of sexual abuse or sexual exploitation.

(iii) When a contractor described in 41-3-201 (2)(j) that provides confidential services to victims of sexual assault provides services to youth over the age of 13 who are victims of sexual abuse and sexual exploitation, the contractor may not dissuade or obstruct a victim from reporting the criminal activity and, upon a request by the victim, shall facilitate disclosure to the county attorney and a law enforcement officer as described in Title 7, chapter 32, in the jurisdiction where the alleged abuse occurred.

(6) A school or school district may disclose, without consent, personally identifiable information from the education records of a pupil to the department, the court, a review board, and the child's assigned attorney, guardian ad litem, or special advocate.

(7) Information that identifies a person as a participant in or recipient of substance abuse treatment services may be disclosed only as allowed by federal substance abuse confidentiality laws, including the consent provisions of the law.

(8) The confidentiality provisions of this section must be construed to allow a court of this state to share information with other courts of this state or of another state when necessary to expedite the interstate placement of children.

(9) A person who is authorized to receive records under this section shall maintain the confidentiality of the records and may not disclose information in the records to anyone other than the persons described in subsections (3)(a), (4)(b)(iii), and (5). However, this subsection may not be construed to compel a family member to keep the proceedings confidential.

(10) A news organization or its employee, including a freelance writer or reporter, is not liable for reporting facts or statements made by an immediate family member under subsection (9) if the news organization, employee, writer, or reporter maintains the confidentiality of the child who is the subject of the proceeding.

(11) This section is not intended to affect the confidentiality of criminal court records, records of law enforcement agencies, or medical records covered by state or federal disclosure limitations.

(12) Copies of records, evaluations, reports, or other evidence obtained or generated pursuant to this section that are provided to the parent, grandparent, aunt, uncle, brother, sister, guardian, or parent's or guardian's attorney must be provided without cost.
Mont. Code Ann. § 41-5-114 — MT Code / Title 41 / Chapter 5 / Part 1 / Section 41-5-114
41-5-114 Certain costs, obligations, and fees prohibited -- report
Status: in_force

41-5-114 . Certain costs, obligations, and fees prohibited -- report. (1) (a) A court, agency, assessment officer, or juvenile probation officer may not order a youth, the youth's parents, or the youth's guardian to pay:

(i) a contribution, including but not limited to a contribution for any part of the costs for adjudication, disposition, attorney fees for costs of prosecuting or defending the youth, costs of detention, supervision, care, custody, or necessary medical, dental, or health treatment; or

(ii) fines, except in the cases described in 41-5-203 (2).

(b) A city, town, or county may not impose a legal financial obligation, fee, fine, or cost associated with a juvenile offense unless there is express statutory authority for the legal financial obligation, fee, fine, or cost.

(2) Nothing in this section may be construed to prohibit billing public and private insurance or coverage to provide services under the Montana Youth Court Act.

(3) (a) On October 1, 2023, all outstanding fees or costs owed by a youth, the youth's parents, or the youth's guardian are void and uncollectable, and any order requiring the payment of fees or costs is unenforceable.

(b) Within 6 months of October 1, 2023, the office of court administrator shall report to the criminal justice oversight council established in 5-5-235 the number of orders vacated or partially vacated in each judicial district pursuant to this section. The report must include the amount of the balances vacated in each judicial district.
Mont. Code Ann. § 41-3-101 — MT Code / Title 41 / Chapter 3 / Part 1 / Section 41-3-101
41-3-101 Declaration of policy
Status: in_force

41-3-101 . Declaration of policy. (1) It is the policy of the state of Montana to:

(a) provide for the protection of children whose health and welfare are or may be adversely affected by child abuse or neglect and further threatened by the conduct of those responsible for the children's care and protection;

(b) achieve these purposes in a family environment and preserve the unity and welfare of the family whenever possible;

(c) support the efforts of parents whose children have been removed to reunify the family, including by taking into account whether those efforts may be impeded by court-ordered support payments;

(d) ensure that there is no forced removal of a child from the family based solely on an allegation of abuse or neglect unless the department has reasonable cause to suspect that the child is at imminent risk of harm;

(e) recognize that a child is entitled to assert the child's constitutional rights;

(f) ensure that all children have a right to a healthy and safe childhood in a permanent placement; and

(g) ensure that whenever removal of a child from the home is necessary, the child is entitled to maintain ethnic, cultural, and religious heritage whenever appropriate.

(2) It is intended that the mandatory reporting of abuse or endangerment cases by professional people and other community members to the appropriate authority will cause the protective services of the state to seek to prevent further abuses, protect and enhance the welfare of these children, and preserve family life whenever appropriate.

(3) In implementing this chapter, whenever it is necessary to remove a child from the child's home due to child abuse or neglect, the department shall, when it is in the best interests of the child, place the child in accordance with 41-3-450 and 41-3-451 . Prior to approving a placement, the department shall investigate whether anyone living in the home has been convicted of a crime involving serious harm to children.

(4) (a) The department shall create a registry for voluntary registration by close relatives of a child for purposes of notifying those relatives when a child that is related has been removed from the child's home pursuant to this chapter.

(b) The registry must contain the names of the child and the child's parents and may contain the names of the child's grandparents, aunts, uncles, adult brothers, and adult sisters and must contain the contact information for the child and parents and any of the relatives whose names appear in the registry.

(5) The department shall consult the registry and notify the relatives on the registry on the first working day after placing the child in accordance with 41-3-301 .

(6) The department may charge a fee commensurate with the cost of operating the registry. The fee may be charged only to those persons whose names are voluntarily entered in the registry.

(7) In implementing the policy of this section, the child's health and safety are of paramount concern.
Mont. Code Ann. § 41-5-1511 — MT Code / Title 41 / Chapter 5 / Part 15 / Section 41-5-1511
41-5-1511 Dispositional hearing -- contributions by parents or guardians for expenses
Status: in_force

41-5-1511 . Dispositional hearing -- contributions by parents or guardians for expenses. (1) As soon as practicable after a youth is found to be a delinquent youth or a youth in need of intervention, the court shall conduct a dispositional hearing. The youth's parents or guardian may not be required to contribute to the cost of adjudication, disposition, supervision, care, commitment, or treatment of the youth.

(2) Before conducting the dispositional hearing, the court shall direct that a youth assessment or predisposition report be made in writing by a juvenile probation officer or an assessment officer concerning the youth, the youth's family, the youth's environment, and other matters relevant to the need for care or rehabilitation or disposition of the case, including a statement by the victim or the victim's family. The youth court may have the youth examined, and the results of the examination must be made available to the court as part of the youth assessment or predisposition report. The court may order the examination of a parent or guardian whose ability to care for or supervise a youth is at issue before the court. The results of the examination must be included in the youth assessment or predisposition report. The youth or the youth's parents, guardian, or counsel has the right to subpoena all persons who have prepared any portion of the youth assessment or predisposition report and has the right to cross-examine the parties at the dispositional hearing.

(3) Defense counsel must be furnished with a copy of the youth assessment or predisposition report and psychological report prior to the dispositional hearing.

(4) The dispositional hearing must be conducted in the manner set forth in 41-5-1502 (5) through (7). The court shall hear all evidence relevant to a proper disposition of the case best serving the interests of the youth, the victim, and the public. The evidence must include but is not limited to the youth assessment and predisposition report provided for in subsection (2) of this section.

(5) If the court finds that it is in the best interest of the youth, the youth, the youth's parents or guardian, or the public may be temporarily excluded from the hearing during the taking of evidence on the issues of need for treatment and rehabilitation.
Mont. Code Ann. § 41-3-1001 — MT Code / Title 41 / Chapter 3 / Part 10 / Section 41-3-1001
41-3-1001 Short title
Status: in_force

41-3-1001 . Short title. This part may be cited as the "Citizen Review Board Program Act".
Mont. Code Ann. § 41-5-216 — MT Code / Title 41 / Chapter 5 / Part 2 / Section 41-5-216
41-5-216 Disposition of youth court, law enforcement, and department records -- sharing and access to records
Status: in_force

41-5-216 . Disposition of youth court, law enforcement, and department records -- sharing and access to records. (1) Formal and informal youth court records, law enforcement records, and department records that are not exempt from sealing under subsections (4) and (6) and that pertain to a youth covered by this chapter must be physically sealed on the youth's 18th birthday. In those cases in which jurisdiction of the court or any agency is extended beyond the youth's 18th birthday, the records must be physically sealed upon termination of the extended jurisdiction.

(2) Except as provided in subsection (6), when the records pertaining to a youth pursuant to this section are sealed, an agency, other than the department, that has in its possession copies of the sealed records shall destroy the copies of the records. Anyone violating the provisions of this subsection is subject to contempt of court.

(3) Except as provided in subsection (6), this section does not prohibit the destruction of records with the consent of the youth court judge or county attorney after 10 years from the date of sealing. However, records relating to the adjudication of a youth for a sexual offense as defined in 46-23-502 may not be destroyed without the consent of the victim. Consent may not be obtained from the victim until after the victim has attained 18 years of age.

(4) The requirements for sealed records in this section do not apply to medical records, fingerprints, DNA records, photographs, youth traffic records, records in any case in which the youth did not fulfill all requirements of the court's judgment or disposition, records referred to in 42-3-203 , or the information referred to in 46-23-508 , in any instance in which the youth was required to register as a sexual offender pursuant to Title 46, chapter 23, part 5.

(5) After formal and informal youth court records, law enforcement records, and department records are sealed, they are not open to inspection except, on order of the youth court, for good cause to:

(a) those persons and agencies listed in 41-5-215 (2);

(b) adult probation and parole staff preparing a presentence report on an adult with an existing sealed youth court record; and

(c) for records relating to the adjudication of a youth for a sexual offense as defined in 46-23-502 , the victim of the offense.

(6) (a) When formal youth court records, law enforcement records, and department records are sealed under subsection (1), the electronic records of the management information system maintained by the office of court administrator and by the department relating to the youth whose records are being sealed must be preserved for the express purpose of research and program evaluation.

(b) The department of public health and human services, the office of court administrator, and the department shall disassociate the offense and disposition information from the name of the youth in the respective management information system. The offense and disposition information must be maintained separately and may be used only:

(i) for research and program evaluation authorized by the office of court administrator or by the department and subject to any applicable laws; and

(ii) as provided in Title 5, chapter 13.

(7) (a) Informal youth court records for a youth for whom formal proceedings have been filed must be physically sealed on the youth's 18th birthday or, in those cases in which jurisdiction of the court or any agency is extended beyond the youth's 18th birthday, upon termination of the extended jurisdiction and may be inspected only pursuant to subsection (5).

(b) The informal youth court records are confidential and may be shared only with those persons and agencies listed in 41-5-215 (2).

(c) Except as provided in subsection (7)(a), when a youth becomes 18 years of age or when extended supervision ends and the youth was involved only in informal proceedings, informal youth court records that are in hard-copy form must be destroyed and any electronic records in the youth court management information system must disassociate the offense and disposition information from the name of the youth and may be used only for the following purposes:

(i) for research and program evaluation authorized by the office of the court administrator and subject to any applicable laws; and

(ii) as provided in Title 5, chapter 13.

(8) Nothing in this section prohibits the sharing of formal or informal youth court records within the juvenile probation management information system to a person or agency listed in 41-5-215 (2).

(9) This section does not prohibit the sharing of formal or informal youth court records within the department's youth management information system. Electronic records of the department's youth management information system may not be shared except as provided in subsection (5). A person or agency receiving the youth court record shall destroy the record after it has fulfilled its purpose.

(10) This section does not prohibit the sharing of formal or informal youth court records with a short-term detention center, a youth care facility, a youth assessment center, or a youth detention facility upon placement of a youth within the facility.

(11) This section does not prohibit access to formal or informal youth court records, including electronic records, for purposes of conducting evaluations as required by 41-5-2003 and studies conducted between individuals and agencies listed in 41-5-215 (2).

(12) This section does not prohibit the office of court administrator, upon written request from the department of revenue, from confirming whether a person applying for a registry identification card pursuant to 16-12-503 or a license pursuant to 16-12-203 is currently under youth court supervision.

(13) The fee for a person to inspect youth court records under subsection (5)(c) is $5.
Mont. Code Ann. § 41-3-1220 — MT Code / Title 41 / Chapter 3 / Part 12 / Section 41-3-1220
41-3-1220 Confidentiality -- disclosure exceptions
Status: in_force

41-3-1220 . Confidentiality -- disclosure exceptions. (1) The office of the child and family ombudsman shall treat all matters under investigation as confidential. Information received, collected, and maintained by the office of the child and family ombudsman may not be disclosed or disseminated except as provided by this part.

(2) (a) Records of the office of the child and family ombudsman may be disclosed to a court for in camera inspection if relevant to an issue before the court. Except as provided in subsection (2)(b), the court may permit disclosure in a proceeding if the court finds disclosure to be necessary for the fair resolution of an issue.

(b) Except as provided in 41-3-1214 , the identity of a person that contacts or files a request for assistance from the ombudsman is confidential.
Mont. Code Ann. § 41-3-307 — MT Code / Title 41 / Chapter 3 / Part 3 / Section 41-3-307
41-3-307 Availability of prehearing conferences
Status: in_force

41-3-307 . Availability of prehearing conferences. (1) A prehearing conference must be held within 5 working days of a child's removal and before an emergency protective services hearing held by the court pursuant to 41-3-306 .

(2) A prehearing conference must include the following parties:

(a) the parents, parent, guardian, or other person having physical or legal custody of the child, if the parents, parent, guardian, or other person chooses to participate;

(b) the legal counsel of the participant provided for in subsection (2)(a);

(c) the child's legal counsel;

(d) the county attorney's office;

(e) the child protection investigator; and

(f) the child reunification specialist.

(3) To the greatest degree possible using available funding, the meetings must be conducted by an independent and trained facilitator.

(4) At a minimum, the meetings must involve discussion of:

(a) the child's current placement and options for continued placement if the child remains out of the home;

(b) whether other options exist for an in-home safety plan or resource that may allow the child to remain in the home;

(c) parenting time schedules; and

(d) treatment services for the family.
Mont. Code Ann. § 41-3-1207 — MT Code / Title 41 / Chapter 3 / Part 12 / Section 41-3-1207
41-3-1207 Terminated
Status: in_force

41-3-1207 . Terminated. Sec. 12, Ch. 333, L. 2013.
Mont. Code Ann. § 41-4-101 — MT Code / Title 41 / Chapter 4 / Part 1 / Section 41-4-101
41-4-101 Enactment -- provisions
Status: in_force

41-4-101 . Enactment -- provisions. The Interstate Compact on the Placement of Children is hereby enacted into law and entered into with all other jurisdictions legally joining in the compact in the form substantially as follows:

Article I. Purpose and Policy

It is the purpose and policy of the party states to cooperate with each other in the interstate placement of children to the end that:

(1) each child requiring placement shall receive the maximum opportunity to be placed in a suitable environment and with persons or institutions having appropriate qualifications and facilities to provide a necessary and desirable degree and type of care;

(2) the appropriate authorities in a state where a child is to be placed may have full opportunity to ascertain the circumstances of the proposed placement, thereby promoting full compliance with applicable requirements for the protection of the child;

(3) the proper authorities of the state from which the placement is made may obtain the most complete information on the basis of which to evaluate a projected placement before it is made;

(4) appropriate jurisdictional arrangements for the care of children will be promoted.

Article II. Definitions

As used in this compact:

(1) "child" means a person who, by reason of minority, is legally subject to parental, guardianship, or similar control;

(2) "sending agency" means a party state, officer or employee thereof; a subdivision of a party state or officer or employee thereof; a court of a party state; a person, corporation, association, charitable agency, or other entity which sends, brings, or causes to be sent or brought any child to another party state;

(3) "receiving state" means the state to which a child is sent, brought, or caused to be sent or brought, whether by public authorities or private persons or agencies and whether for placement with state or local public authorities or for placement with private agencies or persons;

(4) "placement" means the arrangement for the care of a child in a family free or boarding home or in a child-caring agency or institution but does not include any institution caring for the mentally ill, mentally defective, or epileptic or any institution primarily educational in character and any hospital or other medical facility.

Article III. Conditions for Placement

(1) No sending agency shall send, bring, or cause to be sent or brought into any other party state any child for placement in foster care or as a preliminary to a possible adoption unless the sending agency shall comply with each and every requirement set forth in this article and with the applicable laws of the receiving state governing the placement of children therein.

(2) Prior to sending, bringing, or causing any child to be sent or brought into a receiving state for placement in foster care or as a preliminary to a possible adoption, the sending agency shall furnish the appropriate public authorities in the receiving state written notice of the intention to send, bring, or place the child in the receiving state. The notice shall contain:

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

(b) the identity and address or addresses of the parents or legal guardian;

(c) the name and address of the person, agency, or institution to or with which the sending agency proposes to send, bring, or place the child;

(d) a full statement of the reasons for such proposed action and evidence of the authority pursuant to which the placement is proposed to be made.

(3) Any public officer or agency in a receiving state which is in receipt of a notice pursuant to (2) of this article may request of the sending agency or any other appropriate officer or agency of or in the sending agency's state and shall be entitled to receive therefrom such supporting or additional information as it may deem necessary under the circumstances to carry out the purpose and policy of this compact.

(4) The child shall not be sent, brought, or caused to be sent or brought into the receiving state until the appropriate public authorities in the receiving state shall notify the sending agency, in writing, to the effect that the proposed placement does not appear to be contrary to the interests of the child.

Article IV. Penalty for Illegal Placement

The sending, bringing, or causing to be sent or brought into any receiving state of a child in violation of the terms of this compact shall constitute a violation of the laws respecting the placement of children of both the state in which the sending agency is located or from which it sends or brings the child and of the receiving state. Such violation may be punished or subjected to penalty in either jurisdiction in accordance with its laws. In addition to liability for any such punishment or penalty, any such violation shall constitute full and sufficient grounds for the suspension or revocation of any license, permit, or other legal authorization held by the sending agency which empowers or allows it to place or care for children.

Article V. Retention of Jurisdiction

(1) The sending agency shall retain jurisdiction over the child sufficient to determine all matters in relation to the custody, supervision, care, treatment, and disposition of the child which it would have had if the child had remained in the sending agency's state, until the child is adopted, reaches majority, becomes self-supporting, or is discharged with the concurrence of the appropriate authority in the receiving state. Such jurisdiction shall also include the power to effect or cause the return of the child or the child's transfer to another location and custody pursuant to law. The sending agency shall continue to have financial responsibility for support and maintenance of the child during the period of the placement. Nothing contained herein shall defeat a claim of jurisdiction by receiving state sufficient to deal with an act of delinquency or crime committed therein.

(2) When the sending agency is a public agency, it may enter into an agreement with an authorized public or private agency in the receiving state providing for the performance of one or more services in respect of such case by the latter as agent for the sending agency.

(3) Nothing in this compact shall be construed to prevent a private charitable agency authorized to place children in the receiving state from performing services or acting as agent in that state for a private charitable agency of the sending state, nor to prevent the agency in the receiving state from discharging financial responsibility for the support and maintenance of a child who has been placed on behalf of the sending agency without relieving the responsibility set forth in (1) hereof.

Article VI. Institutional Care of Delinquent Children

A child adjudicated delinquent may be placed in an institution in another party jurisdiction pursuant to this compact, but no such placement shall be made unless the child is given a court hearing on notice to the parent or guardian with opportunity to be heard prior to the parent's or guardian's child being sent to such other party jurisdiction for institutional care and the court finds that:

(1) equivalent facilities for the child are not available in the sending agency's jurisdiction; and

(2) institutional care in the other jurisdiction is in the best interest of the child and will not produce undue hardship.

Article VII. Compact Administrator

The executive head of each jurisdiction party to this compact shall designate an officer who shall be general coordinator of activities under this compact in the officer's jurisdiction and who, acting jointly with like officers of other party jurisdictions, shall have power to promulgate rules to carry out more effectively the terms and provisions of this compact.

Article VIII. Limitations

This compact shall not apply to:

(1) the sending or bringing of a child into a receiving state by the child's parent, stepparent, grandparent, adult brother or sister, adult uncle or aunt, or his guardian and leaving the child with any such relative or nonagency guardian in the receiving state;

(2) any placement, sending, or bringing of a child into a receiving state pursuant to any other interstate compact to which both the state from which the child is sent or brought and the receiving state are party or to any other agreement between said states which has the force of law.

Article IX. Enactment and Withdrawal

This compact shall be open to joinder by any state, territory, or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and with the consent of congress, the government of Canada or any province thereof. It shall become effective with respect to any such jurisdiction when such jurisdiction has enacted the same into law. Withdrawal from this compact shall be by the enactment of a statute repealing the same, but shall not take effect until 2 years after the effective date of such statute and until written notice of the withdrawal has been given by the withdrawing state to the governor of each other party jurisdiction. Withdrawal of a party state shall not affect the rights, duties, and obligations under this compact of any sending agency therein with respect to a placement made prior to the effective date of withdrawal.

Article X. Construction and Severability

The provisions of this compact shall be liberally construed to effectuate the purposes thereof. The provisions of this compact shall be severable, and if any phrase, clause, sentence, or provision of this compact is declared to be contrary to the constitution of any party state or of the United States or the applicability thereof to any government, agency, person, or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person, or circumstance shall not be affected thereby. If this compact shall be held contrary to the constitution of any state party thereto, the compact shall remain in full force and effect as to the remaining states and in full force and effect as to the state affected as to all severable matters.
Mont. Code Ann. § 41-5-2503 — MT Code / Title 41 / Chapter 5 / Part 25 / Section 41-5-2503
41-5-2503 Disposition of criminally convicted youth
Status: in_force

41-5-2503 . Disposition of criminally convicted youth. (1) The district court, in sentencing a youth adjudicated in district court pursuant to 41-5-206 , shall:

(a) impose any sentence allowed by the statute that established the penalty for the offense of which the youth is convicted as if the youth were an adult and any conditions or restrictions allowed by statute;

(b) retain jurisdiction over the case until the criminally convicted youth reaches the age of 21;

(c) order the department to submit a status report to the court, county attorney, defense attorney, and juvenile probation officer every 6 months until the youth attains the age of 21. The report must include a recommendation from the department regarding the disposition of the criminally convicted youth.

(2) The district court shall review the criminally convicted youth's sentence pursuant to 41-5-2510 before the youth reaches the age of 21 if a hearing has not been requested under 41-5-2510 .
Mont. Code Ann. § 41-5-1808 — MT Code / Title 41 / Chapter 5 / Part 18 / Section 41-5-1808
41-5-1808 Juvenile detention or juvenile corrections officer training
Status: in_force

41-5-1808 . Juvenile detention or juvenile corrections officer training. A juvenile detention or juvenile corrections officer shall, in the first year of employment, complete a basic training course as required in 44-4-403 . The training must be done under the auspices of the Montana law enforcement academy but does not have to occur at the academy.
Mont. Code Ann. § 41-5-322 — MT Code / Title 41 / Chapter 5 / Part 3 / Section 41-5-322
41-5-322 Release from custody -- detention -- shelter care
Status: in_force

41-5-322 . Release from custody -- detention -- shelter care. (1) Whenever a peace officer believes, on reasonable grounds, that a youth can be released to a responsible person, the peace officer may release the youth to that person upon receiving a written promise from the person to bring the youth before the juvenile probation officer at a time and place specified in the written promise, or a peace officer may release the youth under any other reasonable circumstances.

(2) Whenever the peace officer believes, on reasonable grounds, that the youth must be detained, the peace officer shall notify the juvenile probation officer immediately and shall, as soon as practicable, provide the juvenile probation officer with a written report of the peace officer's reasons for holding the youth in detention. If it is necessary to hold the youth pending appearance before the youth court, then the youth must be held in a place of detention, as provided in 41-5-348 , that is approved by the youth court.

(3) If the peace officer believes that the youth must be sheltered, the peace officer shall notify the juvenile probation officer immediately and shall provide a written report of the peace officer's reasons for placing the youth in shelter care. If the youth is then held, the youth must be placed in a shelter care facility approved by the youth court.
Mont. Code Ann. § 41-7-101 — MT Code / Title 41 / Chapter 7 / Part 1 / Section 41-7-101
41-7-101 Short title
Status: in_force

41-7-101 . Short title. Section 41-7-102 and this section may be cited as the "Montana Family Policy Act".