Mont. Code Ann. § 41-6-101 — MT Code / Title 41 / Chapter 6 / Part 1 / Section 41-6-101
41-6-101 Enactment -- provisions
Status: in_force

41-6-101 . Enactment -- provisions. The Interstate Compact on Juveniles is enacted into law and entered into by this state with all other jurisdictions legally joining in the compact in the form substantially as follows:

The contracting states solemnly agree that:

Article I. Purpose

(1) The compacting states to this interstate compact recognize that each state is responsible for the proper supervision or return of juveniles, delinquents, and status offenders who are on probation or parole and who have absconded, escaped, or run away from supervision and control and in doing so have endangered their own safety and the safety of others. The compacting states also recognize that each state is responsible for the safe return of juveniles who have run away from home and in doing so have left their state of residence. The compacting states also recognize that congress, by enacting 4 U.S.C. 112, has authorized and encouraged compacts for cooperative efforts and mutual assistance in the prevention of crime.

(2) It is the purpose of this compact, through means of joint and cooperative action among the compacting states, to:

(a) ensure that the adjudicated juveniles and status offenders subject to this compact are provided adequate supervision and services in the receiving state as ordered by the adjudicating judge or parole authority in the sending state;

(b) ensure that the public safety interests of the citizens, including the victims of juvenile offenders, in both the sending and receiving states are adequately protected;

(c) return juveniles who have run away, absconded, or escaped from supervision or control or who have been accused of an offense to the state requesting their return;

(d) make contracts for the cooperative institutionalization in public facilities in member states for delinquent youth needing special services;

(e) provide for the effective tracking and supervision of juveniles;

(f) equitably allocate the costs, benefits, and obligations of the compacting states;

(g) establish procedures to manage the movement between states of juvenile offenders released to the community under the jurisdiction of courts, juvenile departments, or other criminal or juvenile justice agencies that have jurisdiction over juvenile offenders;

(h) ensure immediate notice to jurisdictions where defined offenders are authorized to travel or to relocate across state lines;

(i) establish procedures to resolve pending charges (detainers) against juvenile offenders prior to transfer or release to the community under the terms of this compact;

(j) establish a system of uniform data collection on information pertaining to juveniles subject to this compact that allows access by authorized juvenile justice and criminal justice officials and establish regular reporting of compact activities to heads of state executive, judicial, and legislative branches and juvenile and criminal justice administrators;

(k) monitor compliance with rules governing interstate movement of juveniles and initiate interventions to address and correct noncompliance;

(l) coordinate training and education regarding the regulation of interstate movement of juveniles for officials involved in that activity; and

(m) coordinate the implementation and operation of the compact with the interstate compact for the placement of children, the interstate compact for adult offender supervision, and other compacts affecting juveniles, particularly in those cases in which concurrent or overlapping supervision issues arise.

(3) It is the policy of the compacting states that the activities conducted by the interstate commission created in this section are the formation of public policies and therefore are public business. Furthermore, the compacting states shall cooperate and observe their individual and collective duties and responsibilities for the prompt return and acceptance of juveniles subject to the provisions of this compact. The provisions of this compact must be reasonably and liberally construed to accomplish the purposes and policies of the compact.

Article II. Definitions

As used in this compact, unless the context clearly requires a different construction, the following definitions apply:

(1) "Bylaws" means those bylaws established by the interstate commission for its governance or for directing or controlling the interstate commission's actions or conduct.

(2) "Commissioner" means the voting representative of each compacting state appointed pursuant to Article III of this compact.

(3) "Compact administrator" means the individual in each compacting state appointed pursuant to the terms of this compact and responsible for the administration and management of the state's supervision and transfer of juveniles subject to the terms of this compact, the rules adopted by the interstate commission, and policies adopted by the state council under this compact.

(4) "Compacting state" means any state that has enacted the enabling legislation for this compact.

(5) "Court" means any court having jurisdiction over delinquent, neglected, or dependent children.

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

(7) "Deputy compact administrator" means the individual, if any, in each compacting state appointed to act on behalf of a compact administrator, pursuant to the terms of this compact, and responsible for the administration and management of the state's supervision and transfer of juveniles subject to the terms of this compact, the rules adopted by the interstate commission, and policies adopted by the state council under this compact.

(8) "Interstate commission" means the interstate commission for juveniles created by Article III of this compact.

(9) "Juvenile" means any person defined as a juvenile in any member state or by the rules of the interstate commission, including:

(a) an accused delinquent, who is a person charged with an offense that, if committed by an adult, would be a criminal offense;

(b) an accused status offender, who is a person charged with an offense that, if committed by an adult, would not be a criminal offense;

(c) an adjudicated delinquent, who is a person found to have committed an offense that, if committed by an adult, would be a criminal offense;

(d) an adjudicated status offender, who is a person found to have committed an offense that, if committed by an adult, would not be a criminal offense; and

(e) a nonoffender, who is a person in need of supervision who has not been accused or adjudicated a delinquent or status offender.

(10) "Noncompacting state" means any state that has not enacted the enabling legislation for this compact.

(11) "Probation" or "parole" means any kind of supervision or conditional release of juveniles authorized under the laws of the compacting states.

(12) "Rule" means a written statement by the interstate commission promulgated pursuant to Article VI of this compact that:

(a) is of general applicability;

(b) implements, interprets, or prescribes a policy or provision of the compact or an organizational, procedural, or practice requirement of the interstate commission;

(c) has the force and effect of statutory law in a compacting state, if adopted in the state; and

(d) includes the amendment, repeal, or suspension of an existing rule.

(13) "State" means a state of the United States, the District of Columbia (or its designee), the Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, and the Northern Marianas Islands.

Article III. Interstate Commission for Juveniles

(1) The compacting states hereby create the "Interstate Commission for Juveniles". The interstate commission is a body corporate and joint agency of the compacting states. The interstate commission has all the responsibilities, powers, and duties set forth in this section and additional powers that may be conferred upon it by subsequent action of the respective legislatures of the compacting states in accordance with the terms of this compact.

(2) The interstate commission consists of commissioners appointed by the appropriate appointing authority in each state pursuant to the rules and requirements of each compacting state and in consultation with the state council for interstate juvenile supervision created under this section. The commissioner is the compact administrator, deputy compact administrator, or designee from that state who shall serve on the interstate commission in that capacity under or pursuant to the applicable law of the compacting state.

(3) In addition to the commissioners who are the voting representatives of each state, the interstate commission shall include individuals who are not commissioners but who are members of interested organizations. The noncommissioner members must include a member of the national organizations of governors, legislators, state chief justices, attorneys general, interstate compact for the placement of children, interstate compact for adult offender supervision, juvenile justice and juvenile corrections officials, and crime victims. All noncommissioner members of the interstate commission must be ex officio, nonvoting members. The interstate commission may provide in its bylaws for additional ex officio, nonvoting members, including members of other national organizations, in numbers determined by the interstate commission.

(4) Each compacting state represented at any meeting of the interstate commission is entitled to one vote. A majority of the compacting states constitutes a quorum for the transaction of business unless a larger quorum is required by the bylaws of the interstate commission.

(5) The interstate commission shall meet at least once each calendar year. The presiding officer may call additional meetings and, upon the request of a simple majority of the compacting states, shall call additional meetings. Public notice must be given of all meetings, and meetings must be open to the public.

(6) The interstate commission shall establish an executive committee, which must include interstate commission officers, members, and others as determined by the bylaws. The executive committee has the power to act on behalf of the interstate commission during periods when the interstate commission is not in session, with the exception of rulemaking or amendment to the compact. The executive committee shall oversee the day-to-day activities of the administration of the compact managed by an executive director and interstate commission staff, administer enforcement and compliance with the provisions of the compact, its bylaws, and its rules, and perform other duties as directed by the interstate commission or set forth in the bylaws.

(7) Each member of the interstate commission has the right and power to cast a vote to which that compacting state is entitled and to participate in the business and affairs of the interstate commission. A member shall vote in person and may not delegate a vote to another compacting state. However, a commissioner, in consultation with the state council, shall appoint another authorized representative, in the absence of the commissioner from that state, to cast a vote on behalf of the compacting state at a specified meeting. The bylaws may provide for members' participation in meetings by telephone or other means of telecommunication or electronic communication.

(8) The interstate commission's bylaws must establish conditions and procedures under which the interstate commission shall make its information and official records available to the public for inspection or copying. The interstate commission may exempt from disclosure any information or official records to the extent that they would adversely affect personal privacy rights or proprietary interests.

(9) Public notice must be given of all meetings, and all meetings must be open to the public except as set forth in the rules or as otherwise provided in the compact. The interstate commission and any of its committees may close a meeting to the public when it determines by two-thirds vote that an open meeting would be likely to:

(a) relate solely to the interstate commission's internal personnel practices and procedures;

(b) disclose matters specifically exempted from disclosure by statute;

(c) disclose trade secrets or commercial or financial information that is privileged or confidential;

(d) involve accusing any person of a crime or formally censuring any person;

(e) disclose information of a personal nature when disclosure would constitute a clearly unwarranted invasion of personal privacy;

(f) disclose investigative records compiled for law enforcement purposes;

(g) disclose information contained in or related to examination, operating, or condition reports prepared by, or on behalf of or for the use of, the interstate commission with respect to a regulated person or entity for the purpose of regulation or supervision of the person or entity;

(h) disclose information, the premature disclosure of which would significantly endanger the stability of a regulated person or entity; and

(i) specifically relate to the interstate commission's issuance of a subpoena or its participation in a civil action or other legal proceeding.

(10) For every meeting closed pursuant to this provision, the interstate commission's legal counsel shall publicly certify that, in the legal counsel's opinion, the meeting may be closed to the public and shall reference each relevant exemptive provision. The interstate commission shall keep minutes that must fully and clearly describe all matters discussed in any meeting and must provide a full and accurate summary of any actions taken and the reasons for the actions, including a description of each of the views expressed on any item and the record of any roll call vote, reflected in the vote of each member on the question. All documents considered in connection with any action must be identified in the minutes.

(11) The interstate commission shall collect standardized data concerning the interstate movement of juveniles as directed through its rules, which must specify the data to be collected, the means of collection and data exchange, and reporting requirements. The methods of data collection, exchange, and reporting must in so far as is reasonably possible conform to up-to-date technology and coordinate the interstate commission's information functions with the appropriate repository of records.

Article IV. Powers and Duties of the Interstate Commission

(1) The interstate commission has the powers and duties to:

(a) provide for dispute resolution among compacting states;

(b) promulgate rules to effect the purposes and obligations as enumerated in this compact. A rule proposed or adopted by the interstate commission is not binding on this state unless adopted by the department.

(c) oversee, supervise, and coordinate the interstate movement of juveniles subject to the terms of this compact and any bylaws adopted and rules promulgated by the interstate commission;

(d) enforce compliance with the compact provisions and bylaws adopted and the rules promulgated by the interstate commission, using all necessary and proper means, including but not limited to the use of the judicial process;

(e) establish and maintain offices that must be located within one or more of the compacting states;

(f) purchase and maintain insurance and bonds;

(g) borrow, accept, hire, or contract for services of personnel;

(h) establish and appoint committees and hire staff that it considers necessary for the carrying out of its functions, including but not limited to an executive committee, as required by Article III, which has the power to act on behalf of the interstate commission in carrying out its powers and duties under this section;

(i) elect or appoint officers, attorneys, employees, agents, or consultants; to fix their compensation, define their duties, and determine their qualifications; and to establish the interstate commission's personnel policies and programs relating to, among other things, conflicts of interest, rates of compensation, and qualifications of personnel;

(j) accept, receive, use, and dispose of donations and grants of money, equipment, supplies, materials, and services;

(k) lease, purchase, accept contributions or donations of, or otherwise own, hold, improve, or use any property, real, personal, or mixed;

(l) sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property, real, personal, or mixed;

(m) establish a budget and make expenditures and levy dues as provided in Article VIII of this compact;

(n) sue and be sued;

(o) adopt a seal and bylaws governing the management and operation of the interstate commission;

(p) perform functions that may be necessary or appropriate to achieve the purposes of this compact;

(q) report annually to the legislatures, governors, judiciary, and state councils of the compacting states concerning the activities of the interstate commission during the preceding year. The reports must include any recommendations that may have been adopted by the interstate commission.

(r) coordinate education, training, and public awareness regarding the interstate movement of juveniles for officials involved in that activity; and

(s) establish uniform standards of the reporting, collecting, and exchanging of data.

(2) The interstate commission shall maintain its corporate books and records in accordance with the bylaws.

Article V. Organization and Operation of the Interstate Commission

(1) The interstate commission shall, by a majority of the members present and voting, within 12 months after the first interstate commission meeting, adopt bylaws to govern its conduct as may be necessary or appropriate to carry out the purposes of the compact, including but not limited to:

(a) establishing the fiscal year of the interstate commission;

(b) establishing an executive committee and other committees that may be necessary;

(c) providing for the establishment of committees and governing any general or specific delegation of any authority or function of the interstate commission;

(d) providing reasonable procedures for calling and conducting meetings of the interstate commission and ensuring reasonable notice of each meeting;

(e) establishing the titles and responsibilities of the officers of the interstate commission;

(f) providing a mechanism for concluding the operations of the interstate commission and the return of any surplus funds that may exist upon the termination of the compact after the payment or reserving of all of its debts and obligations;

(g) providing startup rules for initial administration of the compact; and

(h) establishing standards and procedures for compliance and technical assistance in carrying out the compact.

(2) (a) The interstate commission shall, by a majority of the members, elect annually from among its members a presiding officer and a vice presiding officer, each of whom has the authority and duties that may be specified in the bylaws. The presiding officer or, in the presiding officer's absence or disability, the vice presiding officer shall preside at all meetings of the interstate commission. The elected officers shall serve without compensation or remuneration from the interstate commission. However, subject to the availability of budgeted funds, the officers must be reimbursed for any ordinary and necessary costs and expenses incurred by them in the performance of their duties and responsibilities as officers of the interstate commission.

(b) The interstate commission shall, through its executive committee, appoint or retain an executive director for the period, upon the terms and conditions and for the compensation that the interstate commission may consider appropriate. The executive director shall serve as secretary to the interstate commission, but may not be a member, and shall hire and supervise other staff as may be authorized by the interstate commission.

(3) (a) Except for a claim arising from intentional conduct or gross negligence, the interstate commission's members, officers, executive director, and employees are immune from suit and liability, either personally or in their official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused or arising out of or relating to any actual or alleged act, error, or omission that occurred within the course and scope of interstate commission employment, duties, or responsibilities.

(b) The liability of any commissioner, or the employee or agent of a commissioner, acting within the scope of the person's employment or duties for acts, errors, or omissions occurring within the person's state may not exceed the limits of liability set forth under the constitution and laws of that state for state officials, employees, and agents.

(c) The interstate commission shall defend an individual referred to in subsection (3)(a) in any civil action for which the individual is granted immunity under subsection (3)(a).

(d) The interstate commission shall indemnify an individual referred to in subsection (3)(a) in the amount of any settlement obtained against the individual arising out of a civil action for which the individual is granted immunity under subsection (3)(a).

Article VI. Rulemaking Functions of the Interstate Commission

(1) The interstate commission shall promulgate and publish rules in order to effectively and efficiently achieve the purposes of the compact.

(2) Rulemaking must occur pursuant to the criteria set forth in this article and the bylaws and rules adopted pursuant to this article. The rulemaking must substantially conform to the principles of the "Model State Administrative Procedures Act", 1981, Uniform Laws Annotated, Vol. 15, p. 1 (2000), or other administrative procedures act that the interstate commission considers appropriate, consistent with due process requirements under the United States constitution as now or later interpreted by the United States supreme court. All rules and amendments become binding as of the date specified, as published with the final version of the rule as approved by the interstate commission.

(3) When promulgating a rule, the interstate commission shall, at a minimum:

(a) publish the proposed rule's entire text stating the reasons for that proposed rule;

(b) allow and invite all persons to submit written data, facts, opinions, and arguments, which information must be added to the record and be made publicly available;

(c) provide an opportunity for an informal hearing if petitioned by 10 or more persons; and

(d) promulgate a final rule and its effective date, if appropriate, based on input from state or local officials or interested persons.

(4) The interstate commission shall allow, not later than 60 days after a rule is promulgated, any interested person to file a petition in the United States district court for the District of Columbia or in the federal district court where the interstate commission's principal office is located for judicial review of a rule. If the court finds that the interstate commission's action is not supported by substantial evidence in the rulemaking record, the court shall hold the rule unlawful and set it aside. For purposes of this subsection, evidence is substantial if it would be considered substantial evidence under the Model State Administrative Procedures Act.

(5) If a majority of the legislatures of the compacting states rejects a rule, those states may, by enactment of a statute or resolution in the same manner used to adopt the compact, cause that rule to have no further effect in any compacting state.

(6) The existing rules governing the operation of the interstate compact on juveniles superseded by this act are void 12 months after the first meeting of the interstate commission created in Article III of this compact.

(7) Upon determination by the interstate commission that a state of emergency exists, it may promulgate an emergency rule that must become effective immediately upon adoption. However, the usual rulemaking procedures provided under this section must be retroactively applied to the rule as soon as reasonably possible, but no later than 90 days after the effective date of the emergency rule.

Article VII. Oversight, Enforcement, and Dispute Resolution by the Interstate Commission

(1) (a) The interstate commission shall oversee the administration and operations of the interstate movement of juveniles subject to this compact in the compacting states and shall monitor the activities being administered in noncompacting states that may significantly affect compacting states.

(b) The courts and executive agencies in each compacting state shall enforce this compact and shall take all actions necessary and appropriate to effectuate the compact's purposes and intent. The provisions of this compact and the rules promulgated under this compact must be received by all the judges, public officers, commissions, and departments of the state government as evidence of the authorized statute and administrative rules. All courts shall take judicial notice of the compact and the rules. In any judicial or administrative proceeding in a compacting state pertaining to the subject matter of this compact that may affect the powers, responsibilities, or actions of the interstate commission, the interstate commission is entitled to receive all service of process in that proceeding and must have standing to intervene in the proceeding for all purposes.

(2) (a) The compacting states shall report to the interstate commission on all issues and activities necessary for the administration of the compact, as well as issues and activities pertaining to compliance with the provisions of the compact and its rules and bylaws.

(b) The interstate commission shall attempt, upon the request of a compacting state, to resolve any disputes or other issues that are subject to the compact and that may arise among compacting states and between compacting and noncompacting states. The interstate commission shall promulgate a rule providing for both mediation and binding dispute resolution for disputes among the compacting states.

(c) The interstate commission, in the reasonable exercise of its discretion, shall enforce the provisions and rules of this compact using any means set forth in Article XI of this compact.

Article VIII. Finance

(1) The interstate commission shall pay or provide for the payment of the reasonable expenses of its establishment, organization, and ongoing activities.

(2) The interstate commission shall levy on and collect an annual assessment from each compacting state to cover the cost of the internal operations and activities of the interstate commission and its staff, which must be in a total amount sufficient to cover the interstate commission's annual budget as approved each year. The aggregate annual assessment amount must be allocated based upon a formula to be determined by the interstate commission, taking into consideration the population of each compacting state and the volume of interstate movement of juveniles in each compacting state. The interstate commission shall promulgate a rule binding upon all compacting states that governs the assessment.

(3) The interstate commission may not incur any obligations of any kind prior to securing the funds adequate to meet the obligations. The interstate commission may not pledge the credit of any of the compacting states, except by and with the authority of the compacting state.

(4) The interstate commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the interstate commission must be subject to the audit and accounting procedures established under its bylaws and as provided under 5-13-304 . However, all receipts and disbursements of funds handled by the interstate commission must be audited yearly by a certified or licensed public accountant, and the report of the audit must be included in and become part of the annual report of the interstate commission.

Article IX. The State Council

Each member state shall create a state council for interstate juvenile supervision. Although each state may determine the membership of its own state council, its membership must include at least one representative from the executive, judicial, and legislative branches of government and victims groups and the compact administrator, deputy compact administrator, or a designee. Each compacting state retains the right to determine the qualifications of the compact administrator or deputy compact administrator. Each state council shall advise and may exercise oversight and advocacy concerning that state's participation in interstate commission activities and other duties as may be determined by that state, including but not limited to development of policy concerning operations and procedures of the compact within that state.

Article X. Compacting States, Effective Date, and Amendment

(1) Any state is eligible to become a compacting state.

(2) The compact becomes effective and binding upon legislative enactment of the compact into law by no less than 35 of the states. The initial effective date is the later of July 1, 2004, or upon enactment into law by the 35th jurisdiction. Thereafter, it becomes effective and binding as to any other compacting state upon enactment of the compact into law by that state. The governors of nonmember states or their designees must be invited to participate in the activities of the interstate commission on a nonvoting basis prior to adoption of the compact by all states and territories of the United States.

(3) The interstate commission may propose amendments to the compact for enactment by the compacting states. An amendment may not become effective and binding upon the interstate commission and the compacting states until it is enacted into law by unanimous consent of the compacting states.

Article XI. Withdrawal, Default, Termination, and Judicial Enforcement

(1) (a) Once effective, the compact must continue in force and remain binding upon each compacting state. However, a compacting state may withdraw from the compact by specifically repealing the statute that enacted the compact into law.

(b) The effective date of withdrawal is the effective date of the repeal.

(c) The withdrawing state shall immediately notify the presiding officer of the interstate commission in writing upon the introduction of legislation repealing this compact in the withdrawing state. The interstate commission shall notify the other compacting states of the withdrawing state's intent to withdraw within 60 days of its receipt of the notice.

(d) The withdrawing state is responsible for all assessments, obligations, and liabilities incurred through the effective date of withdrawal, including any obligations, the performance of which extends beyond the effective date of withdrawal.

(e) Reinstatement following withdrawal of any compacting state must occur upon the withdrawing state reenacting the compact or upon a later date as determined by the interstate commission.

(2) (a) If the interstate commission determines that any compacting state has at any time defaulted in the performance of any of its obligations or responsibilities under this compact or the bylaws or promulgated rules, the interstate commission may impose any of the following penalties:

(i) remedial training and technical assistance as directed by the interstate commission;

(ii) alternative dispute resolution;

(iii) fines, fees, and costs in amounts that are considered to be reasonable as fixed by the interstate commission; and

(iv) suspension or termination of membership in the compact, which may be imposed only after all other reasonable means of securing compliance under the bylaws and rules have been exhausted and the interstate commission has determined that the offending state is in default. Immediate notice of suspension must be given by the interstate commission to the governor, the chief justice or the chief judicial officer of the state, the majority and minority leaders of the defaulting state's legislature, and the state council. The grounds for default include but are not limited to failure of a compacting state to perform the obligations or responsibilities imposed upon it by this compact, the bylaws, or promulgated rules and any other grounds designated in interstate commission bylaws and rules. The interstate commission shall immediately notify the defaulting state in writing of the penalty imposed by the interstate commission and of the default pending a cure of the default. The interstate commission shall stipulate the conditions and the time period within which the defaulting state shall cure its default. If the defaulting state fails to cure the default within the time period specified by the interstate commission, the defaulting state must be terminated from the compact upon an affirmative vote of a majority of the compacting states, and all rights, privileges and benefits conferred by this compact must be terminated from the effective date of termination.

(b) Within 60 days of the effective date of termination of a defaulting state, the interstate commission shall notify the governor, the chief justice or chief judicial officer, the majority and minority leaders of the defaulting state's legislature, and the state council of the termination.

(c) The defaulting state is responsible for all assessments, obligations, and liabilities incurred through the effective date of termination, including any obligations, the performance of which extends beyond the effective date of termination.

(d) The interstate commission may not bear any costs relating to the defaulting state unless otherwise mutually agreed upon in writing between the interstate commission and the defaulting state.

(e) Reinstatement following termination of any compacting state requires both a reenactment of the compact by the defaulting state and the approval of the interstate commission pursuant to the rules.

(3) The interstate commission may, by majority vote of the members, initiate legal action in the United State district court for the District of Columbia or, at the discretion of the interstate commission, in the federal district where the interstate commission has its offices, to enforce compliance with the provisions of the compact and its bylaws and promulgated rules against any compacting state in default. In the event that judicial enforcement is necessary, the prevailing party must be awarded all costs of the litigation, including reasonable attorney fees.

(4) (a) The compact dissolves effective upon the date of the withdrawal or default of the compacting state, which reduces membership in the compact to one compacting state.

(b) Upon the dissolution of this compact, the compact is void and is of no further effect, the business and affairs of the interstate commission are concluded, and any surplus funds must be distributed in accordance with the bylaws.

Article XII. Severability and Construction

(1) The provisions of this compact are severable, and if any phrase, clause, sentence, or provision is unenforceable, the remaining provisions of the compact remain enforceable.

(2) The provisions of this compact must be liberally constructed to effectuate its purposes.

Article XIII. Binding Effect of Compact and Other Laws

(1) Nothing in this compact prevents the enforcement of any other law of a compacting state that is not inconsistent with this compact.

(2) (a) All lawful actions of the interstate commission, including all bylaws and rules promulgated by the interstate commission, are binding upon the compacting states if adopted by the department.

(b) All agreements between the interstate commission and the compacting states are binding in accordance with their terms.

(c) Upon the request of a party to a conflict over meaning or interpretation of interstate commission actions and upon a majority vote of the compacting states, the interstate commission may issue advisory opinions regarding the meaning or interpretation.

(d) In the event that any provision of this compact exceeds the constitutional limits imposed on the legislature of any compacting state, the obligations, duties, powers, or jurisdiction sought to be conferred by the provision upon the interstate commission is ineffective and the obligations, duties, powers, or jurisdiction remains in the compacting state and must be exercised by the agency to which the obligations, duties, powers, or jurisdiction is delegated by law in effect at the time that this compact becomes effective.
Mont. Code Ann. § 41-5-130 — MT Code / Title 41 / Chapter 5 / Part 1 / Section 41-5-130
41-5-130 Office of court administrator to administer juvenile placement funds -- allocations -- deposit of unexpended funds
Status: in_force

41-5-130 . Office of court administrator to administer juvenile placement funds -- allocations -- deposit of unexpended funds. (1) The office of court administrator shall administer juvenile placement funds appropriated to the judicial branch by the legislature in accordance with this chapter.

(2) For each fiscal year, the office of court administrator shall allocate funds to the cost containment pool under 41-5-132 and allocate the remaining appropriated juvenile placement funds to each judicial district according to a formula recommended by the cost containment review panel provided for in 41-5-131 and adopted by the office of court administrator.

(3) A judicial district may expend funds from its annual allocation for out-of-home placements or for other programs or services intended to reduce or prevent juvenile delinquency subject to the provisions of subsection (4).

(4) (a) Except as provided in subsection (4)(b), a judicial district shall reserve at least 50% of its annual allocation for out-of-home placements and the remainder for programs or services.

(b) A judicial district may reserve more than 50% of its annual allocation for programs or services if:

(i) the programs or services have, based on demonstrated outcomes, reduced the number of placements in correctional facilities or higher-cost residential placements; and

(ii) the judicial district would not require funding from the cost containment pool, provided for in 41-5-132 , in the same fiscal year in which the annual allocation is made under this subsection (4)(b).

(5) At the end of each fiscal year, after all valid obligations have been paid or encumbered for payment, the office of court administrator shall deposit any unexpended funds from the judicial districts' annual allocations provided for in this section into the youth court intervention and prevention account provided for in 41-5-2011 .
Mont. Code Ann. § 41-3-127 — MT Code / Title 41 / Chapter 3 / Part 1 / Section 41-3-127
41-3-127 Certification required for use of title -- exceptions
Status: in_force

41-3-127 . Certification required for use of title -- exceptions. (1) On certification in accordance with 41-3-127 through 41-3-130 , a person may use the title "certified child protection investigator" or "certified child reunification specialist".

(2) Subsection (1) does not prohibit a qualified member of another profession, such as a law enforcement officer, lawyer, psychologist, pastoral counselor, probation officer, court employee, nurse, school counselor, educator, or baccalaureate, master's, or clinical social worker, clinical professional counselor, addiction counselor, or marriage and family therapist licensed pursuant to Title 37, chapter 39, from performing duties and services consistent with the person's licensure or certification and the code of ethics of the person's profession.

(3) Subsection (1) does not prohibit a qualified member of another profession, business, educational program, or volunteer organization who is not licensed or certified or for whom there is no applicable code of ethics, including a guardian ad litem, child advocate, or law enforcement officer, from performing duties and services consistent with the person's training, as long as the person does not represent by title that the person is a certified child protection investigator or a certified child reunification specialist.
Mont. Code Ann. § 41-5-1403 — MT Code / Title 41 / Chapter 5 / Part 14 / Section 41-5-1403
41-5-1403 Summons
Status: in_force

41-5-1403 . Summons. (1) After a petition has been filed, summons must be served directly to:

(a) the youth;

(b) the youth's parent or parents having actual custody of the youth or the youth's guardian or custodian, as the case may be; and

(c) other persons as the court may direct.

(2) The summons must:

(a) require the parties to whom it is directed to appear personally before the court at the time fixed by the summons to answer the allegations of the petition;

(b) advise the parties of their right to counsel under the Montana Youth Court Act; and

(c) have attached to it a copy of the petition.

(3) The court may endorse upon the summons an order directing the person or persons having the physical custody or control of the youth to bring the youth to the hearing.

(4) If it appears to the court that the youth needs to be placed in detention or shelter care, the judge may endorse on the summons an order directing the officer serving the summons to at once take the youth into custody and to take the youth to the place of detention or shelter care designated by the court, subject to the rights of the youth and parent or person having legal custody of the youth as set forth in the provisions of the Montana Youth Court Act relating to detention and shelter care criteria and postdetention proceedings.

(5) If a youth is placed in detention or shelter care under any provision of this chapter pending an adjudication, the court shall, as soon as practicable, conduct a probable cause hearing as provided in 41-5-332 .

(6) The youth court judge may also admit the youth to bail in accordance with Title 46, chapter 9.
Mont. Code Ann. § 41-3-608 — MT Code / Title 41 / Chapter 3 / Part 6 / Section 41-3-608
41-3-608 Notice
Status: in_force

41-3-608 . Notice. Before a termination of the parent-child legal relationship may be ordered, the court shall determine whether the provisions of 41-3-428 and 41-3-429 relating to service of process have been followed.
Mont. Code Ann. § 41-3-212 — MT Code / Title 41 / Chapter 3 / Part 2 / Section 41-3-212
41-3-212 Department procedures for reports -- recording -- notifications
Status: in_force

41-3-212 . Department procedures for reports -- recording -- notifications. (1) A department employee receiving a report of abuse or neglect pursuant to this part shall:

(a) obtain the information and provide the notifications specified in this section; and

(b) make an audio recording when a report is made by phone. The department shall retain the recording in the same manner as provided for safety and risk assessments in 41-3-202 .

(2) A department employee receiving a report of abuse or neglect shall request the following information:

(a) the specific facts giving rise to the reasonable suspicion of child abuse or neglect, including the name or names of the alleged victim or victims and the name or names of the alleged perpetrator or perpetrators if the report discloses allegations consisting of sexual abuse or sexual exploitation, and the source or sources of the information; and

(b) (i) if the person making the report is required under 41-3-201 to report suspected abuse or neglect, the person's name and telephone number and the capacity that makes the person a mandatory reporter under 41-3-201 ; or

(ii) if the person making the report is not a mandatory reporter under 41-3-201 , the person's name and telephone number. If the person is unwilling to provide the information, the person receiving the report shall notify the caller that if the caller suspects the child is at serious risk of imminent harm, to call 9-1-1 so the call will be prioritized as an emergency.

(3) Reports made under this part are confidential as provided in 41-3-205 . The privacy of the person making the report must be protected as provided in 41-3-205 (3)(d) and (3)(h).

(4) A department employee receiving a report pursuant to 41-3-201 shall:

(a) to the greatest extent possible, attempt to obtain the name and phone number of the person making the report and document any other identifying information available, including but not limited to the caller's phone number when identified by the phone system; and

(b) if the report is being made by phone, notify the caller that the report is being recorded and the person's identity will be kept confidential.
Mont. Code Ann. § 41-3-210 — MT Code / Title 41 / Chapter 3 / Part 2 / Section 41-3-210
41-3-210 County attorney duties -- certification -- retention of records -- reports to attorney general and legislature -- attorney general report
Status: in_force

41-3-210 . County attorney duties -- certification -- retention of records -- reports to attorney general and legislature -- attorney general report. (1) (a) The county attorney shall gather all case notes, correspondence, evaluations, interviews, and other investigative materials pertaining to each report from the department or investigation by law enforcement of sexual abuse or sexual exploitation of a child made within the county when the alleged perpetrator of the sexual abuse or sexual exploitation is 12 years of age or older. After a report is made or an investigation is commenced, the following individuals or entities shall provide to the county attorney all case notes, correspondence, evaluations, interviews, and other investigative materials related to the report or investigation:

(i) the department;

(ii) state and local law enforcement; and

(iii) all members of a county or regional interdisciplinary child information and school safety team established under 52-2-211 .

(b) The duty to provide records to the county attorney under subsection (1)(a) remains throughout the course of an investigation, an abuse and neglect proceeding conducted pursuant to this part, or the prosecution of a case involving the sexual abuse of a child or sexual exploitation of a child.

(c) Upon receipt of a report from the department, as required in 41-3-202 , that includes an allegation of sexual abuse of a child or sexual exploitation of a child, the county attorney shall certify in writing to the person who initially reported the information that the county attorney received the report. The certification must include the date the report was received and the age and gender of the alleged victim. If the report was anonymous, the county attorney shall provide the certification to the department. If the report was made to the county attorney by a law enforcement officer, the county attorney is not required to provide the certification.

(2) The county attorney shall retain records relating to the report or investigation, including the certification, case notes, correspondence, evaluations, videotapes, and interviews, for 25 years.

(3) On or before June 1 of each year, each county attorney shall report to the attorney general. The report to the attorney general must include, for each report from the department or investigation by law enforcement:

(a) a unique case identifier;

(b) the date that the initial report or allegation was received by the county attorney;

(c) the date any charges were filed;

(d) the date of any decision to decline to prosecute;

(e) if charges are filed against a defendant, whether a conviction was obtained and, if a conviction was obtained, the sentence imposed by the court;

(f) the number of certifications made as required by subsection (1)(c), including the number of certifications made to the department; and

(g) of the reports submitted pursuant to 41-3-202 (1)(b), the number of reports presented that have not resulted in a prosecution or a declination of prosecution within 2 years of the date of the initial report received by the county attorney, and the basis for not making a decision on whether to prosecute or decline prosecution in the matters reported.

(4) (a) The attorney general shall create a form for county attorneys to use when submitting reports required by subsection (3). The form must allow collection of the information required by subsection (3) on an aggregated, cumulative basis for a 5-year period until charges are filed or a decision is made to decline to prosecute.

(b) The information provided by a county attorney on the forms is confidential criminal justice information as defined in 44-5-103 .

(5) If a county attorney fails to report the information required by subsection (3), the attorney general shall provide notice to the county attorney and the county commissioners of that county within 10 days of the missed deadline. If the county attorney does not provide the required information within 30 days of the attorney general's notice, the attorney general shall report as provided in subsection (6)(b).

(6) The attorney general shall report to:

(a) the law and justice interim committee each year by August 15 and as provided in 5-11-210 . The reports must provide:

(i) aggregated information regarding the status of the cases reported in subsection (3) by the county attorneys, except for those cases pending review of the county attorney or uncharged cases still under investigation, including data on the total number of cases reported;

(ii) the number of cases declined for prosecution in the prior fiscal year;

(iii) the number of cases charged in the prior fiscal year;

(iv) the initials of each defendant charged in the prior fiscal year who had been identified in the reports submitted pursuant to 41-3-202 (1)(b) as an alleged perpetrator of sexual abuse or sexual exploitation and was charged based upon the conduct alleged;

(v) the initials of each defendant identified in the reports submitted pursuant to 41-3-202 (1)(b) as an alleged perpetrator of sexual abuse or sexual exploitation for whom a conviction was obtained based upon the conduct alleged;

(vi) the initials of each defendant identified in the reports submitted pursuant to 41-3-202 (1)(b) as an alleged perpetrator of sexual abuse or sexual exploitation for whom a sentence was imposed based upon the conduct alleged and the sentence imposed by the court for the defendant;

(vii) any action in the past fiscal year that the attorney general took under the authority of 2-15-501 based on the reports submitted as required in subsection (3). A report made pursuant to this subsection (6)(a)(vii) may not include the name of the county.

(viii) after consideration of the information provided by the department pursuant to 41-3-211 , any county attorney who failed to provide a complete report required by subsection (3); and

(b) the department of revenue each year by August 15. The report must identify, after consideration of the information provided by the department pursuant to 41-3-211 , any county that failed to comply with the reporting requirements of subsection (3) of this section by July 1 of the reporting year.
Mont. Code Ann. § 41-2-110 — MT Code / Title 41 / Chapter 2 / Part 1 / Section 41-2-110
41-2-110 Exemptions from prohibited employment of minors who are 16 or 17 years of age
Status: in_force

41-2-110 . Exemptions from prohibited employment of minors who are 16 or 17 years of age. (1) The prohibitions in 41-2-107 do not apply to the employment of an apprentice, student-learner, or student-employee who is 16 or 17 years of age if the minor is employed under the following conditions:

(a) for an apprentice, if:

(i) the minor is employed in a craft recognized as an apprenticeable trade;

(ii) the work is incidental to the minor's training;

(iii) the work is under the direct and close supervision of a journeyman as a necessary part of the apprentice training; and

(iv) the minor is registered by the bureau of apprenticeship and training of the United States department of labor as employed in accordance with the standards established by that bureau or is registered by the department as employed in accordance with the standards of the department;

(b) for a student-learner, if:

(i) the student-learner is enrolled in a course of study and training in a cooperative vocational training program under a recognized state or local educational authority or in a course of study in a substantially similar program conducted by a private school;

(ii) the student-learner is employed under a written agreement, providing that:

(A) the work of the student-learner is incidental to the student-learner's training;

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

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

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

(iii) the written agreement contains the name of the student-learner and is signed by the employer and the school coordinator or principal; and

(iv) copies of each agreement are kept on file both by the educational authority or school and by the employer;

(c) for a student-employee, if:

(i) the student-employee is under the direct and close supervision of a qualified and experienced person with experience in the occupation in which the minor is employed; and

(ii) safety instruction is given by the employer of the student-employee.

(2) A student-employee that qualifies under subsection (1)(c) may perform any work function as required by the occupation.

(3) This exemption for the employment of student-learners may be revoked by the department in any situation if the department finds that reasonable precautions have not been observed for the safety of minors employed under the exemption.

(4) A high school graduate who is 16 or 17 years of age may be employed in an occupation in which the graduate has completed training as a student-learner as provided in this section.
Mont. Code Ann. § 41-3-126 — MT Code / Title 41 / Chapter 3 / Part 1 / Section 41-3-126
41-3-126 Child protection investigator and child reunification specialist -- scope of authority
Status: in_force

41-3-126 . Child protection investigator and child reunification specialist -- scope of authority. (1) The role of a child protection investigator is to investigate allegations of child abuse or neglect. A child protection investigator serves as the primary representative of the department in child abuse and neglect investigations and proceedings prior to the removal of a child. The authority of a child protection investigator includes:

(a) investigating reported allegations of child abuse or neglect under the requirements of 41-3-202 ;

(b) removing a child under the requirements of 41-3-301 ;

(c) participating in a prehearing conference under 41-3-307 ;

(d) furnishing an affidavit to support a petition filed under 41-3-422 for the relief available under 41-3-422 (1)(a);

(e) testifying to the facts surrounding an investigation of child abuse or neglect and removal of a child or reasonable efforts to prevent removal of a child at:

(i) an emergency protective services hearing, as provided in 41-3-306 ;

(ii) a show cause hearing, as provided in 41-3-432 ;

(iii) an adjudicatory hearing, as provided in 41-3-437 ;

(iv) a dispositional hearing, as provided in 41-3-438 ;

(v) a permanency hearing, as provided in 41-3-445 ; or

(vi) proceedings held to consider the termination of a parent-child relationship, as provided in 41-3-607 ;

(f) engaging in reasonable efforts to prevent the necessity of removal of a child, as provided in 41-3-423 ; and

(g) participating on behalf of the department in formal or informal proceedings related to an investigation of child abuse or neglect or removal of a child in which the facts surrounding an investigation or removal are at issue and the facts surrounding an investigation or removal are not prohibited from disclosure.

(2) The role of a child reunification specialist is to coordinate reunification services for a child after removal. A child reunification specialist serves as the primary representative of the department in child abuse and neglect investigations and proceedings after the removal of a child. The authority of a child reunification specialist includes:

(a) participating in a prehearing conference under 41-3-307 ;

(b) testifying to the facts surrounding a temporary or permanent placement of a child or reasonable efforts to reunify a family at:

(i) an emergency protective services hearing, as provided in 41-3-306 ;

(ii) a show cause hearing, as provided in 41-3-432 ;

(iii) an adjudicatory hearing, as provided in 41-3-437 ;

(iv) a dispositional hearing, as provided in 41-3-438 ;

(v) a permanency hearing, as provided in 41-3-445 ;

(vi) a review hearing, as provided in 41-3-441 ; or

(vii) proceedings held to consider the termination of a parent-child relationship, as provided in 41-3-607 ;

(c) engaging in reasonable efforts to reunify families that are separated by the state, as provided in 41-3-423 ;

(d) determining the appropriate placement for a child, as provided in 41-3-440 ;

(e) documenting and reporting the requirements of a treatment plan and the progress of a parent or parents toward completion of a treatment plan, as provided in 41-3-443 ;

(f) investigating and evaluating the availability of placement preferences and exceptions to placement preferences, as provided in 41-3-450 and 41-3-451 ; and

(g) participating on behalf of the department in formal or informal proceedings related to a placement or reunification of a child in which the facts surrounding a placement or reunification are at issue and the facts surrounding a placement or reunification are not prohibited from disclosure.

(3) The role of child protection investigator and the role of child reunification specialist may not be performed by the same person in a single matter involving the same child or children except as necessary when an individual office does not have sufficient employees available for the department to perform its required duties under Title 41, chapter 3.
Mont. Code Ann. § 41-3-301 — MT Code / Title 41 / Chapter 3 / Part 3 / Section 41-3-301
41-3-301 Emergency protective services
Status: in_force

41-3-301 . Emergency protective services. (1) (a) Any child protection investigator of the department, a peace officer, or the county attorney who has reason to believe any child is in immediate or apparent danger of harm may immediately remove the child and place the child in a protective facility. After ensuring that the child is safe, the department may make a request for further assistance from the law enforcement agency or take appropriate legal action.

(b) The person or agency placing the child shall notify the parents, parent, guardian, or other person having physical or legal custody of the child of the placement at the time the placement is made or as soon after placement as possible. Notification under this subsection (1)(b) must:

(i) include the reason for removal;

(ii) include information regarding the emergency protective services hearing within 5 working days under 41-3-306 , the required show cause hearing within 21 days, and the purpose of the hearings;

(iii) provide contact information for the child protection investigator, the child protection investigator's supervisor, the child reunification specialist, and the office of state public defender; and

(iv) advise the parents, parent, guardian, or other person having physical or legal custody of the child that the parents, parent, guardian, or other person:

(A) has the right to receive a copy of the affidavit as provided in subsection (6);

(B) has the right to attend and participate in the emergency protective services hearing and the show cause hearing, including providing statements to the judge;

(C) may have a support person present during any meeting with the child protection investigator concerning emergency protective services, including the emergency protective services hearing provided for in 41-3-306 ; and

(D) may request that the child be placed in a kinship foster home as defined in 52-2-602 .

(c) A copy of the notification required under subsection (1)(b) must be provided within 24 hours to the prehearing conference facilitator provided for in 41-3-307 or another person who conducts prehearing conferences in that district and to the office of state public defender.

(2) If a child protection investigator, a peace officer, or the county attorney determines in an investigation of abuse or neglect of a child that the child is in danger because of the occurrence of partner or family member assault, as provided for in 45-5-206 , or strangulation of a partner or family member, as provided for in 45-5-215 , against an adult member of the household or that the child needs protection as a result of the occurrence of partner or family member assault or strangulation of a partner or family member against an adult member of the household, the department shall take appropriate steps for the protection of the child, which may include:

(a) making reasonable efforts to protect the child and prevent the removal of the child from the parent or guardian who is a victim of alleged partner or family member assault or strangulation of a partner or family member;

(b) making reasonable efforts to remove the person who allegedly committed the partner or family member assault or strangulation of a partner or family member from the child's residence if it is determined that the child or another family or household member is in danger of partner or family member assault or strangulation of a partner or family member; and

(c) providing services to help protect the child from being placed with or having unsupervised visitation with the person alleged to have committed partner or family member assault or strangulation of a partner or family member until the department determines that the alleged offender has met conditions considered necessary to protect the safety of the child.

(3) If the department determines that an adult member of the household is the victim of partner or family member assault or strangulation of a partner or family member, the department shall provide the adult victim with a referral to a domestic violence program.

(4) A child who has been removed from the child's home or any other place for the child's protection or care may not be placed in a jail.

(5) The department may locate and contact extended family members upon placement of a child in out-of-home care. The department may share information with extended family members for placement and case planning purposes.

(6) If a child is removed from the child's home by the department, a child protection investigator shall submit an affidavit regarding the circumstances of the emergency removal to the county attorney and provide a copy of the affidavit to the office of state public defender and, if possible, the parents or guardian within 2 working days of the emergency removal. An abuse and neglect petition must be filed in accordance with 41-3-422 within 5 working days, excluding weekends and holidays, of the emergency removal of a child unless arrangements acceptable to the agency for the care of the child have been made by the parents or a written prevention plan has been entered into pursuant to 41-3-302 .

(7) Except as provided in the federal Indian Child Welfare Act or the Montana Indian Child Welfare Act provided for in Title 41, chapter 3, part 13, if applicable, a show cause hearing must be held within 21 days of the filing of the petition unless otherwise stipulated by the parties pursuant to 41-3-434 .

(8) If the department determines that a petition for immediate protection and emergency protective services must be filed to protect the safety of the child, the child protection investigator shall interview the parents of the child to whom the petition pertains, if the parents are reasonably available, before the petition may be filed. The district court may immediately issue an order for immediate protection of the child.

(9) The department shall make the necessary arrangements for the child's well-being as are required prior to the court hearing.
Mont. Code Ann. § 41-3-1206 — MT Code / Title 41 / Chapter 3 / Part 12 / Section 41-3-1206
41-3-1206 Terminated
Status: in_force

41-3-1206 . Terminated. Sec. 12, Ch. 333, L. 2013.
Mont. Code Ann. § 41-5-106 — MT Code / Title 41 / Chapter 5 / Part 1 / Section 41-5-106
41-5-106 Order of adjudication -- noncriminal
Status: in_force

41-5-106 . Order of adjudication -- noncriminal. A placement of any youth in any correctional facility under this chapter may not be deemed commitment to a penal institution. An adjudication on the status of any youth in the jurisdiction of the court may not operate to impose any of the civil disability imposed on a person by reason of conviction of a criminal offense. An adjudication may not be deemed a criminal conviction, and a youth may not be charged with or convicted of any crime in any court except as provided in this chapter. Neither the disposition of a youth under this chapter nor evidence given in youth court proceedings under this chapter is admissible in evidence except as otherwise provided in this chapter.
Mont. Code Ann. § 41-5-1301 — MT Code / Title 41 / Chapter 5 / Part 13 / Section 41-5-1301
41-5-1301 Informal disposition
Status: in_force

41-5-1301 . Informal disposition. After a preliminary inquiry under 41-5-1201 , the juvenile probation officer or assessment officer upon determining that further action is required and that referral to the county attorney is not required may:

(1) provide counseling, refer the youth and the youth's family to another agency providing appropriate services, or take any other action or make any informal adjustment that does not involve probation or detention; or

(2) provide for treatment or adjustment involving probation or other disposition authorized under 41-5-1302 through 41-5-1304 if the treatment or adjustment is voluntarily accepted by the youth's parents or guardian and the youth, if the matter is referred immediately to the county attorney for review, and if the juvenile probation officer or assessment officer proceeds no further unless authorized by the county attorney.
Mont. Code Ann. § 41-5-1807 — MT Code / Title 41 / Chapter 5 / Part 18 / Section 41-5-1807
41-5-1807 Responsibility for payment of detention costs
Status: in_force

41-5-1807 . Responsibility for payment of detention costs. (1) Absent a contract or agreement between counties and except as provided in subsection (2), all costs for the detention of a youth in a county or regional detention facility, including medical costs incurred by the youth during detention, must be paid by the county at whose instance the youth is detained.

(2) A detention facility providing an educational program for youth held in lawful custody at the facility is eligible to receive education funding calculated as follows:

(a) Before the end of each fiscal year, the facility shall compile the following information by school district:

(i) the number of youth detained in the facility over 9 consecutive days during the prior year; and

(ii) the total number of days the youth in subsection (2)(a)(i) were detained.

(b) The facility shall calculate the school district's obligation for educational services by multiplying the number of youth detained and the total number of days detained as provided in subsection (2) by $20 a day for each youth. The calculation must be sent to the school district no later than June 30. The school district shall transmit the amount calculated to the county treasurer of the county where the facility is located no later than July 15.

(c) The funds are to be used by the county for educational services provided by certified personnel in the detention facility located in the county and is subject to the requirements of Title 7, chapter 6, part 23.
Mont. Code Ann. § 41-3-129 — MT Code / Title 41 / Chapter 3 / Part 1 / Section 41-3-129
41-3-129 Certificate renewal -- continuing education
Status: in_force

41-3-129 . Certificate renewal -- continuing education. (1) A certified child protection investigator or a certified child reunification specialist shall renew the certification annually using a process specified by department rule, which must include proof of completion of at least 20 hours of continuing education developed or approved by the department.

(2) The continuing education may include any topic listed in subsection (1) of 41-3-128 and must include at least one unit focused on:

(a) ethics; and

(b) recent developments in governing law or rule.
Mont. Code Ann. § 41-5-1202 — MT Code / Title 41 / Chapter 5 / Part 12 / Section 41-5-1202
41-5-1202 Preliminary inquiry -- procedure -- youth assessment
Status: in_force

41-5-1202 . Preliminary inquiry -- procedure -- youth assessment. (1) In conducting a preliminary inquiry under 41-5-1201 , the juvenile probation officer or assessment officer shall:

(a) advise the youth of the youth's rights under this chapter and the constitutions of the state of Montana and the United States;

(b) determine whether the matter is within the jurisdiction of the court;

(c) determine, if the youth is in detention, a youth assessment center, or shelter care, whether detention, placement in a youth assessment center, or shelter care should be continued or modified based upon criteria set forth in 41-5-341 through 41-5-343 .

(2) In conducting a preliminary inquiry, the juvenile probation officer or assessment officer may:

(a) require the presence of any person relevant to the inquiry;

(b) request subpoenas from the judge to accomplish this purpose;

(c) require investigation of the matter by any law enforcement agency or any other appropriate state or local agency;

(d) perform a youth assessment pursuant to 41-5-1203 .
Mont. Code Ann. § 41-3-422 — MT Code / Title 41 / Chapter 3 / Part 4 / Section 41-3-422
41-3-422 Abuse and neglect petitions -- burden of proof
Status: in_force

41-3-422 . Abuse and neglect petitions -- burden of proof. (1) (a) Proceedings under this chapter must be initiated by the filing of a petition. A petition may request the following relief:

(i) immediate protection and emergency protective services, as provided in 41-3-427 ;

(ii) temporary legal custody, as provided in 41-3-442 ;

(iii) long-term custody, as provided in 41-3-445 ;

(iv) termination of the parent-child legal relationship, as provided in 41-3-607 ;

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

(vi) a determination that preservation or reunification services need not be provided; or

(vii) any combination of the provisions of subsections (1)(a)(i) through (1)(a)(vi) or any other relief that may be required for the best interests of the child.

(b) The petition may be modified for different relief at any time within the discretion of the court.

(c) A petition for temporary legal custody may be the initial petition filed in a case.

(d) A petition for the termination of the parent-child legal relationship may be the initial petition filed in a case if a request for a determination that preservation or reunification services need not be provided is made in the petition.

(2) The county attorney, attorney general, or an attorney hired by the county shall file all petitions under this chapter. A petition filed by the county attorney, attorney general, or an attorney hired by the county must be accompanied by:

(a) an affidavit by the department alleging that the child appears to have been abused or neglected and stating the basis for the petition; and

(b) a separate notice to the court stating any statutory time deadline for a hearing.

(3) Abuse and neglect petitions must be given highest preference by the court in setting hearing dates.

(4) An abuse and neglect petition is a civil action brought in the name of the state of Montana. The Montana Rules of Civil Procedure and the Montana Rules of Evidence apply except as modified in this chapter. Proceedings under a petition are not a bar to criminal prosecution.

(5) (a) Except as provided in subsection (5)(b), the person filing the abuse and neglect petition has the burden of presenting evidence required to justify the relief requested and establishing:

(i) probable cause for the issuance of an order for immediate protection and emergency protective services;

(ii) a preponderance of the evidence for an order of adjudication or temporary legal custody;

(iii) a preponderance of the evidence for an order of long-term custody; or

(iv) clear and convincing evidence for an order terminating the parent-child legal relationship.

(b) If a proceeding under this chapter involves an Indian child, as defined in the federal Indian Child Welfare Act, 25 U.S.C. 1901, et seq., or 41-3-1303 , the standards of proof required for legal relief under the federal Indian Child Welfare Act and the Montana Indian Child Welfare Act provided for in Title 41, chapter 3, part 13, apply.

(6) (a) Except as provided in the federal Indian Child Welfare Act and the Montana Indian Child Welfare Act, if applicable, the parents or parent, guardian, or other person or agency having legal custody of the child named in the petition, if residing in the state, must be served personally with a copy of the initial petition and a petition to terminate the parent-child legal relationship at least 5 days before the date set for hearing. If the person or agency cannot be served personally, the person or agency may be served by publication as provided in 41-3-428 and 41-3-429 .

(b) Copies of all other petitions must be served upon the person or the person's attorney of record by certified mail, by personal service, or by publication as provided in 41-3-428 and 41-3-429 . If service is by certified mail, the department must receive a return receipt signed by the person to whom the notice was mailed for the service to be effective. Service of the notice is considered to be effective if, in the absence of a return receipt, the person to whom the notice was mailed appears at the hearing.

(7) If personal service cannot be made upon the parents or parent, guardian, or other person or agency having legal custody, the court shall immediately provide for the appointment or assignment of an attorney as provided for in 41-3-425 to represent the unavailable party when, in the opinion of the court, the interests of justice require. If personal service cannot be made upon a putative father, the court may not provide for the appointment or assignment of counsel as provided for in 41-3-425 to represent the father unless, in the opinion of the court, the interests of justice require counsel to be appointed or assigned.

(8) If a parent of the child is a minor, notice must be given to the minor parent's parents or guardian, and if there is no guardian, the court shall appoint one.

(9) (a) Any person interested in any cause under this chapter has the right to appear. Any foster parent, preadoptive parent, or relative caring for the child must be given legal notice by the attorney filing the petition of all judicial hearings for the child and has the right to be heard. The right to appear or to be heard does not make that person a party to the action. Any foster parent, preadoptive parent, or relative caring for the child must be given notice of all reviews by the reviewing body.

(b) A foster parent, preadoptive parent, or relative of the child who is caring for or a relative of the child who has cared for a child who is the subject of the petition who appears at a hearing set pursuant to this section may be allowed by the court to intervene in the action if the court, after a hearing in which evidence is presented on those subjects provided for in 41-3-437 (4), determines that the intervention of the person is in the best interests of the child. A person granted intervention pursuant to this subsection is entitled to participate in the adjudicatory hearing held pursuant to 41-3-437 and to notice and participation in subsequent proceedings held pursuant to this chapter involving the custody of the child.

(c) Whenever a child is placed with a foster parent, preadoptive parent, or relative, the department shall provide written notice to the foster parent, preadoptive parent, or relative explaining the foster parent's, preadoptive parent's, or relative's rights under this subsection (9) to receive notice, to appear and be heard, and to attempt to intervene in proceedings under this chapter.

(10) An abuse and neglect petition must state:

(a) the nature of the alleged abuse or neglect and of the relief requested;

(b) the full name, age, and address of the child and the name and address of the child's parents or the guardian or person having legal custody of the child; and

(c) the names, addresses, and relationship to the child of all persons who are necessary parties to the action.

(11) Any party in a proceeding pursuant to this section is entitled to counsel as provided in 41-3-425 .

(12) At any stage of the proceedings considered appropriate by the court, the court may order an alternative dispute resolution proceeding or the parties may voluntarily participate in an alternative dispute resolution proceeding. An alternative dispute resolution proceeding under this chapter may include a family engagement meeting, mediation, or a settlement conference. If a court orders an alternative dispute resolution proceeding, a party who does not wish to participate may file a motion objecting to the order. If the department is a party to the original proceeding, a representative of the department who has complete authority to settle the issue or issues in the original proceeding must be present at any alternative dispute resolution proceeding.

(13) Service of a petition under this section must be accompanied by a written notice advising the child's parent, guardian, or other person having physical or legal custody of the child of the:

(a) right, pursuant to 41-3-425 , to appointment or assignment of counsel if the person is 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;

(b) right to contest the allegations in the petition; and

(c) timelines for hearings and determinations required under this chapter.

(14) If appropriate, orders issued under this chapter must contain a notice provision advising a child's parent, guardian, or other person having physical or legal custody of the child that:

(a) the court is required by federal and state laws to hold a permanency hearing to determine the permanent placement of a child no later than 12 months after a judge determines that the child has been abused or neglected or 12 months after the first 60 days that the child has been removed from the child's home;

(b) if a child has been in foster care for 15 of the last 22 months, state law presumes that termination of parental rights is in the best interests of the child and the state is required to file a petition to terminate parental rights; and

(c) completion of a treatment plan does not guarantee the return of a child.

(15) A court may appoint a standing master to conduct hearings and propose decisions and orders to the court for court consideration and action. A standing master may not conduct a proceeding to terminate parental rights. A standing master must be a member of the state bar of Montana and must be knowledgeable in the area of child abuse and neglect laws.
Mont. Code Ann. § 41-3-204 — MT Code / Title 41 / Chapter 3 / Part 2 / Section 41-3-204
41-3-204 Admissibility and preservation of evidence
Status: in_force

41-3-204 . Admissibility and preservation of evidence. (1) In any proceeding resulting from a report made pursuant to the provisions of this chapter or in any proceeding for which the report or its contents are sought to be introduced into evidence, the report or its contents or any other fact related to the report or to the condition of the child who is the subject of the report may not be excluded on the ground that the matter is or may be the subject of a privilege related to the examination or treatment of the child and granted in Title 26, chapter 1, part 8, except the attorney-client privilege granted by 26-1-803 .

(2) A person or official required to report under 41-3-201 may take or cause to be taken photographs of the area of trauma visible on a child who is the subject of a report. The cost of photographs taken under this section must be paid by the department.

(3) When a person required to report under 41-3-201 finds visible evidence that a child has suffered abuse or neglect, the person shall include in the report either a written description or photographs of the evidence.

(4) A physician, either in the course of providing medical care to a minor or after consultation with child protective services, the county attorney, or a law enforcement officer, may require x-rays to be taken when, in the physician's professional opinion, there is a need for radiological evidence of suspected abuse or neglect. X-rays may be taken under this section without the permission of the parent or guardian. The cost of the x-rays ordered and taken under this section must be paid by the county child protective service agency.

(5) All written, photographic, or radiological evidence gathered under this section must be sent to the local affiliate of the department at the time that the written confirmation report is sent or as soon after the report is sent as is possible. The initial report and associated evidence must be handled in accordance with 41-3-202 .
Mont. Code Ann. § 41-5-131 — MT Code / Title 41 / Chapter 5 / Part 1 / Section 41-5-131
41-5-131 Cost containment review panel -- duties
Status: in_force

41-5-131 . Cost containment review panel -- duties. (1) The supreme court shall establish a cost containment review panel to advise the office of court administrator in administering the cost containment pool and youth court intervention and prevention account.

(2) (a) The members of the cost containment review panel must be appointed as follows:

(i) four members appointed by the chief justice of the supreme court; and

(ii) one member who is a professional working in the field of children's mental health appointed by the director of the department of public health and human services.

(b) Each appointing authority under subsection (2)(a) shall appoint one person to serve as the alternate for a member appointed by the authority who is unable to participate in a cost containment review panel meeting.

(3) Recommendations of the cost containment review panel must be made by majority vote of the members of the cost containment review panel or their alternates.

(4) The cost containment review panel shall:

(a) recommend a formula for the annual allocation to each judicial district as provided in 41-5-130 ;

(b) recommend an amount to be allocated to the cost containment pool as provided in 41-5-132 ;

(c) review requests by judicial districts for allocations from the cost containment pool and recommend to the office of court administrator whether each request should be approved as provided in 41-5-132 ;

(d) approve requests by the department for reimbursement from the cost containment pool as provided in 41-5-132 ;

(e) provide recommendations to the department regarding placement for youth as provided in 41-5-1504 ;

(f) provide recommendations on the evaluation of out-of-home placements, programs, and services as provided in 41-5-2003 ; and

(g) review plans submitted under 41-5-2012 and recommend to the office of court administrator whether each plan should be approved.
Mont. Code Ann. § 41-3-118 — MT Code / Title 41 / Chapter 3 / Part 1 / Section 41-3-118
41-3-118 Purpose
Status: in_force

41-3-118 . Purpose. The intent of 41-3-119 is to provide reimbursement for mental health outpatient counseling services to foster parents who experience the death of a foster child placed with them by the department or a licensed child placing agency. Many of the children have disabilities, terminal illnesses, or other special needs, and often these children spend their childhood in the homes of foster parents. The death of a child is a traumatic experience, and the legislature finds that providing reimbursement for counseling is a necessary support to those persons who are willing to open their homes to foster children who need a stable and safe environment.
Mont. Code Ann. § 41-5-1416 — MT Code / Title 41 / Chapter 5 / Part 14 / Section 41-5-1416
41-5-1416 Victims and witnesses of juvenile felony offenses -- consultation -- notification of proceedings
Status: in_force

41-5-1416 . Victims and witnesses of juvenile felony offenses -- consultation -- notification of proceedings. (1) The attorney general shall ensure that the services and assistance that must be provided under Title 46, chapter 24, to a victim or witness of a crime are also provided to the victim or witness of a juvenile felony offense.

(2) In a proceeding filed under this part, the county attorney or a designee shall consult with the victim of a juvenile felony offense regarding the disposition of the case, including:

(a) a dismissal of the petition filed under 41-5-1402 ;

(b) a reduction of the charge to misdemeanor;

(c) the release of the youth from detention or shelter care pending the adjudicatory hearing or pending a probable cause hearing. The consultation required by this subsection (2)(c) must take place prior to the youth's release, whether or not the county attorney or designee has received information from the victim under subsection (3)(a), unless the county attorney or designee is unable to contact the victim after making a good faith effort to contact the victim.

(d) the disposition of the youth.

(3) (a) Whenever possible, a person described in subsection (3)(b) who provides the appropriate agency with a current address and telephone number must receive prompt advance notification of youth court case proceedings, including:

(i) the filing of a petition under 41-5-1402 ;

(ii) the release of the youth from detention or shelter care; and

(iii) proceedings in the adjudication of the petition, including, when applicable, entry of a consent decree under 41-5-1501 , the setting of a date for the adjudicatory hearing under 41-5-1502 , the setting of a date for the dispositional hearing under 41-5-1511 , the disposition made, and the release of the youth from a correctional facility.

(b) A person entitled to notification under this subsection (3) must be a victim, as defined in 41-5-103 , of a juvenile felony offense.

(c) The county attorney or a designee who provides the consultation regarding the disposition of a case required in subsection (2) shall give the victim the opportunity to provide the victim's current telephone number and address and shall provide the victim with the name and address of the agency or agencies responsible for operation of youth detention, correctional, or shelter care facilities that are responsible for the custody of the youth.

(d) The appropriate official or agency shall provide the notification required by this subsection (3) in the same manner as required for offenses committed by adults.

(4) For purposes of this section, "juvenile felony offense" means an offense committed by a juvenile that, if committed by an adult, would constitute a felony offense. The term includes any offense for which a juvenile may be declared a serious juvenile offender, as defined in 41-5-103 .
Mont. Code Ann. § 41-3-443 — MT Code / Title 41 / Chapter 3 / Part 4 / Section 41-3-443
41-3-443 Treatment plan -- contents -- changes
Status: in_force

41-3-443 . Treatment plan -- contents -- changes. (1) The court may order a treatment plan if:

(a) the parent or parents admit the allegations of an abuse and neglect petition;

(b) the parent or parents stipulate to the allegations of abuse or neglect pursuant to 41-3-434 ; or

(c) the court has made an adjudication under 41-3-437 that the child is a youth in need of care.

(2) Every treatment plan must contain the following information:

(a) the identification of the problems or conditions that resulted in the abuse or neglect of a child;

(b) the treatment goals and objectives for each condition or requirement established in the plan. If the child has been removed from the home, the treatment plan must include but is not limited to the conditions or requirements that must be established for the safe return of the child to the family.

(c) the projected time necessary to complete each of the treatment objectives;

(d) the specific treatment objectives that clearly identify the separate roles and responsibilities of all parties addressed in the treatment plan; and

(e) the signature of the parent or parents or guardian, unless the plan is ordered by the court.

(3) A treatment plan may include but is not limited to any of the following remedies, requirements, or conditions:

(a) the right of entry into the child's home for the purpose of assessing compliance with the terms and conditions of a treatment plan;

(b) the requirement of either the child or the child's parent or guardian to obtain medical or psychiatric diagnosis and treatment through a physician or psychiatrist licensed in the state of Montana;

(c) the requirement of either the child or the child's parent or guardian to obtain psychological treatment or counseling;

(d) the requirement of either the child or the child's parent or guardian to obtain and follow through with alcohol or substance abuse evaluation and counseling, if necessary;

(e) the requirement that either the child or the child's parent or guardian be restricted from associating with or contacting any individual who may be the subject of a department investigation;

(f) the requirement that the child be placed in temporary medical or out-of-home care;

(g) the requirement that the parent, guardian, or other person having physical or legal custody furnish services that the court may designate.

(4) A treatment plan may not include a drug testing requirement unless the court finds the substance use of the parent or guardian contributed to the removal of the child from the home or contributes to the child remaining out of the home.

(5) A treatment plan may not be altered, amended, continued, or terminated without the approval of the parent or parents or guardian pursuant to a stipulation and order or order of the court.

(6) A treatment plan must contain a notice provision advising parents:

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

(b) that the state is required by federal and state laws to hold a permanency hearing to determine the permanent placement of a child no later than 12 months after a judge determines that the child has been abused or neglected or 12 months after the first 60 days that the child has been removed from the child's home;

(c) that if a child has been in foster care for 15 of the last 22 months, state law presumes that termination of parental rights is in the best interests of the child and the state is required to file a petition to terminate parental rights; and

(d) that completion of a treatment plan does not guarantee the return of a child and that completion of the plan without a change in behavior that caused removal in the first instance may result in termination of parental rights.

(7) A treatment plan must be ordered by no later than 30 days after the date of the dispositional hearing held pursuant to 41-3-438 , except for good cause shown.
Mont. Code Ann. § 41-3-1012 — MT Code / Title 41 / Chapter 3 / Part 10 / Section 41-3-1012
41-3-1012 Presence of employees and participants at reviews and deliberations of board
Status: in_force

41-3-1012 . Presence of employees and participants at reviews and deliberations of board. (1) Unless excused from doing so by the board, the department and any other agency directly responsible for the care and placement of the child shall require the presence of employees having knowledge of the case at board reviews.

(2) The board may require the presence of specific employees of the department or any other agency or other persons at board reviews. If an employee fails to be present at the review, the board may request a court order. The court may require the employee to be present and show cause why the employee should not be compelled to appear before the board.

(3) The persons who are allowed to be present at a review include representatives of the department or 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, a representative of the child's tribe if the child is an Indian, and other interested persons subject to 41-3-205 and authorized to be present by the board.

(4) Deliberations concerning the recommendations that will be made by the board must be open to all present at the review, except that the presiding officer may close all or part of a deliberation if there has been a threat of a reprisal made by someone who will attend the review or if confidentiality laws preclude open deliberations.

(5) For the purposes of bringing criminal charges against a person who threatens a board member or staff, the board members and board staff must be considered public servants as defined in 45-2-101 .

(6) As used in this section, the following definitions apply:

(a) "Close", with regard to deliberations, means that only the board members and board staff may remain in attendance.

(b) "Open" means that review participants may remain in attendance during the deliberations to observe and be available for questions from the board.

(c) "Presence" includes telephone participation, except that a representative of the department knowledgeable about the case at the time of the review must be physically present if required.
Mont. Code Ann. § 41-3-211 — MT Code / Title 41 / Chapter 3 / Part 2 / Section 41-3-211
41-3-211 Department report to attorney general
Status: in_force

41-3-211 . Department report to attorney general. (1) By July 15 of each year, the department shall report to the attorney general and the law and justice interim committee in accordance with 5-11-210 the number of referrals to county attorneys pursuant to 41-3-202 (1)(b)(i) that the department made for each county in the previous fiscal year.

(2) If the department believes based upon its investigation or knowledge that a prosecution should be pursued for sexual abuse or sexual exploitation that has not been charged, it shall advise the attorney general and summarize the facts supporting its conclusion.
Mont. Code Ann. § 41-7-102 — MT Code / Title 41 / Chapter 7 / Part 1 / Section 41-7-102
41-7-102 Policy and guiding principles
Status: in_force

41-7-102 . Policy and guiding principles. (1) It is the policy of the state of Montana to support and preserve the family as the single most powerful influence for ensuring the healthy social development and mental and physical well-being of Montana's children.

(2) The following principles must guide the actions of state government, state agencies, and agents of the state that serve children and families:

(a) Family support and preservation must be guiding philosophies when the state, state agencies, or agents of the state plan or implement services for children or families. The state shall promote the establishment of a range of services to children and families, including the following components:

(i) supporting families toward healthy development by providing a community network that offers a range of family support services, activities, and programs designed to promote family well-being, with services that include prenatal care, parenting education, parent aides, and visiting nurses; early childhood screening and developmental services; child care; and family recreation;

(ii) assisting vulnerable families before crises emerge by providing specialized services to strengthen and preserve families experiencing problems before they become acute and by providing early intervention and family support services, such as respite care, health and mental health services, and home-based rehabilitation services linked to services in subsection (2)(a)(i);

(iii) protecting and caring for children in crisis by providing intensive services to protect children who have suffered or are at risk of suffering serious harm from child abuse and neglect, by providing care for children at risk of out-of-home placement for emotional disturbances or behavior problems, and by providing family support services to ensure that reasonable efforts are made to safely maintain children in their own homes or to provide temporary or permanent care for children who are removed from their families. These services include family-based services to avoid removal from the home whenever possible and to provide out-of-home care, reunification services, adoption services, and long-term substitute care.

(b) To maximize resources and establish a range of services driven by the needs of families rather than by a predetermined array of categorical services, the state, state agencies, and agents of the state shall work toward a system of comprehensive and coordinated services to children and families through joint agency planning, joint financing, joint service delivery, common intake and assessment, and other arrangements that promote more effective support for families.

(c) Needed services to children and families should be provided as close as possible to the home community. The state, state agencies, and agents of the state shall encourage community planning and collaboration. State agencies shall cooperate to support collaborative programs.

(d) The state encourages all sectors of society to participate in building the community capacity to meet the needs of children and families.

(3) The family policy objectives described in this section are intended to guide the state's efforts to provide services to children and families. This section may not be construed to require a service or a particular level of service or to grant a right of action to enforce this section or other law.
Mont. Code Ann. § 41-1-101 — MT Code / Title 41 / Chapter 1 / Part 1 / Section 41-1-101
41-1-101 Minors and adults defined
Status: in_force

41-1-101 . Minors and adults defined. (1) Minors are:

(a) males under 18 years of age;

(b) females under 18 years of age.

(2) All other persons are adults.
Mont. Code Ann. § 41-3-202 — MT Code / Title 41 / Chapter 3 / Part 2 / Section 41-3-202
41-3-202 Action on reporting
Status: in_force

41-3-202 . Action on reporting. (1) (a) Upon receipt of a report that a child is or has been abused or neglected, the department shall promptly assess the information contained in the report and make a determination regarding the level of response required and the timeframe within which action must be initiated.

(b) (i) Except as provided in subsections (1)(b)(ii) and (1)(b)(iii), upon receipt of a report that includes an allegation of sexual abuse or sexual exploitation when the alleged perpetrator of the sexual abuse or sexual exploitation was 12 years of age or older or if the department determines during any investigation that the circumstances surrounding an allegation of child abuse or neglect include an allegation of sexual abuse or sexual exploitation when the alleged perpetrator of the sexual abuse or sexual exploitation was 12 years of age or older, the department shall immediately report the allegation to the county attorney of the county in which the acts that are the subject of the report occurred.

(ii) If a victim of sexual abuse or sexual exploitation has attained the age of 14 and has sought services from a contractor as described in 41-3-201 (2)(j) that provides confidential services to victims of sexual assault, conditioned upon an understanding that the criminal conduct will not be reported by the department to the county attorney in the jurisdiction in which the alleged crime occurred, the department may not report pursuant to 41-3-205 (5)(d) and subsection (1)(b)(i) of this section.

(iii) If the department or law enforcement determines that the allegation involves the county attorney or an employee in the county attorney's office in the county in which the acts that are subject to reporting occurred, the department or law enforcement shall report as required in subsection (1)(b)(i) to the attorney general.

(c) If the department determines that an investigation and a safety and risk assessment are required, a child protection investigator shall promptly conduct a thorough investigation into the circumstances surrounding the allegations of abuse or neglect of the child and perform a safety and risk assessment to determine whether the living arrangement presents an unsafe environment for the child. The safety and risk assessment may include an investigation at the home of the child involved, the child's school or day-care facility, or any other place where the child is present and into all other nonfinancial matters that in the discretion of the investigator are relevant to the safety and risk assessment. In conducting a safety and risk assessment under this section, a child protection investigator may not inquire into the financial status of the child's family or of any other person responsible for the child's care, except as necessary to ascertain eligibility for state or federal assistance programs or to comply with the provisions of 41-3-446 .

(2) An initial investigation of alleged abuse or neglect may be conducted when an anonymous report is received. However, if the initial investigation does not within 48 hours result in the development of independent, corroborative, and attributable information indicating that there exists a current risk of physical or psychological harm to the child, a child may not be removed from the living arrangement. If independent, corroborative, and attributable information indicating an ongoing risk results from the initial investigation, the department shall then conduct a safety and risk assessment.

(3) The child protection investigator is responsible for conducting the safety and risk assessment. If the child is treated at a medical facility, the child protection investigator, county attorney, or peace officer, consistent with reasonable medical practice, has the right of access to the child for interviews, photographs, and securing physical evidence and has the right of access to relevant hospital and medical records pertaining to the child. If an interview of the child is considered necessary, the child protection investigator, county attorney, or peace officer may conduct an interview of the child. The interview may be conducted in the presence of the parent or guardian or an employee of the school or day-care facility attended by the child.

(4) Subject to 41-3-205 (3), if the child's interview is audiotaped or videotaped, an unedited audiotape or videotape with audio track must be made available, upon request, for unencumbered review by the family.

(5) (a) If from the safety and risk assessment the department has reasonable cause to suspect that the child is suffering abuse or neglect, the department may provide emergency protective services to the child, pursuant to 41-3-301 , or enter into a written prevention plan, pursuant to 41-3-302 , and may provide protective services to any other child under the same care. The department shall:

(i) after interviewing the parent or guardian, if reasonably available, document the determinations of the safety and risk assessment; and

(ii) notify the child's family of the determinations of the safety and risk assessment, unless the notification can reasonably be expected to result in harm to the child or other person.

(b) Except as provided in subsection (5)(c), the department shall destroy all safety and risk assessment determinations and associated records, except for medical records, within 30 days after the end of the 3-year period starting from the date of completion of the safety and risk assessment.

(c) Safety and risk assessment determinations and associated records may be maintained for a reasonable time as defined by department rule under the following circumstances:

(i) the safety and risk assessment determines that abuse or neglect occurred;

(ii) there had been a previous or there is a subsequent report and investigation resulting in a safety and risk assessment concerning the same person; or

(iii) an order has been issued by a court of competent jurisdiction adjudicating the child as a youth in need of care based on the circumstances surrounding the initial allegations.

(6) The investigating child protection investigator, within 60 days of commencing an investigation, shall also furnish a written safety and risk assessment to the department and, on request, to the family. Subject to time periods set forth in subsections (5)(b) and (5)(c), the department shall maintain a record system documenting investigations and safety and risk assessment determinations. Unless records are required to be destroyed under subsections (5)(b) and (5)(c), the department shall retain records relating to the safety and risk assessment, including case notes, correspondence, evaluations, videotapes, and interviews, for 25 years.

(7) Any person reporting abuse or neglect that involves acts or omissions on the part of a public or private residential institution, home, facility, or agency is responsible for ensuring that the report is made to the department.

(8) The department shall, upon request from any reporter of alleged child abuse or neglect, verify whether the report has been received, describe the level of response and timeframe for action that the department has assigned to the report, and confirm that it is being acted upon.
Mont. Code Ann. § 41-2-108 — MT Code / Title 41 / Chapter 2 / Part 1 / Section 41-2-108
41-2-108 Employment of minors who are 14 and 15 years of age
Status: in_force

41-2-108 . Employment of minors who are 14 and 15 years of age. (1) Unless enrolled in and employed pursuant to a school-supervised and school-administered work experience or career exploration program pursuant to 41-2-115 (2), a minor 14 or 15 years of age may not be employed in any occupation during school hours.

(2) A minor 14 or 15 years of age may be employed outside school hours in:

(a) the distribution or sale of or in the collection for newspapers, magazines, periodicals, or circulars; and

(b) the following occupations in retail, food service, and gasoline service establishments:

(i) office and clerical work, including the operation of an office machine;

(ii) cashiering, selling, modeling, art work, work in an advertising department, window trimming, and comparative shopping;

(iii) price marking and tagging by hand or by machine, assembling orders, packing, and shelving;

(iv) bagging and carrying out a customer's order;

(v) errand and delivery work by foot, bicycle, or public transportation;

(vi) cleanup work, including the use of a vacuum cleaner and a floor waxer, and maintenance of grounds, but not including the use of a power-driven mower or cutter;

(vii) kitchen work and other work involved in preparing and serving food and beverages, including the operation of machines and devices used in the performance of the work, which may include but are not limited to a dishwasher, toaster, dumbwaiter, popcorn popper, milkshake blender, and coffee grinder; or

(viii) work in connection with cars and trucks if confined to dispensing gasoline and oil; courtesy service; car cleaning, washing, and polishing; but not including work involving the use of a pit, a rack, or a lifting apparatus or involving the inflation of a tire mounted on a rim equipped with a removable ring.
Mont. Code Ann. § 41-3-1013 — MT Code / Title 41 / Chapter 3 / Part 10 / Section 41-3-1013
41-3-1013 Court review of findings and recommendations of board
Status: in_force

41-3-1013 . Court review of findings and recommendations of board. (1) Upon receipt of findings and recommendations from the board, the district court shall:

(a) review the findings and recommendations of the board within 20 days. If the district court finds it appropriate, the district court may on its own motion schedule a review hearing.

(b) cause the findings and recommendations of the board to become part of the district court file; and

(c) give the board written notice if the district court modifies, alters, or takes action on a case as a result of the board's recommendations or refuses to take action on the board's recommendations in any case.

(2) Upon receipt of findings and recommendations from the board, the department shall:

(a) review the findings and recommendations of the board within 10 days. The recommendations must be implemented and the case plan must be modified as the department considers appropriate and as resources permit.

(b) give the board written notice as soon as practicable, but in no case later than 17 days after receipt of the findings and recommendations, of any reasons why the department objects to or is not able to implement the recommendations; and

(c) include the findings and recommendations of the board as part of the case file of the department.

(3) The court may schedule a hearing on any recommendations that the department objects to or contends that it is unable to implement.

(4) Upon its own motion or upon the request of the department, the board, or any interested party, the district court may appoint an attorney or other person as special advocate to represent or appear on behalf of the child. Subject to the direction of the district court, the court-appointed special advocate shall:

(a) investigate all relevant information about the case;

(b) advocate for the child, ensuring that all relevant facts are brought before the court;

(c) facilitate and negotiate to ensure that the district court, the department, and the child's attorney fulfill their obligations to the child in a timely fashion; and

(d) monitor all district court orders to ensure compliance and to bring to the district court's attention any change in circumstance that may require modification of the district court's order.
Mont. Code Ann. § 41-3-1316 — MT Code / Title 41 / Chapter 3 / Part 13 / Section 41-3-1316
41-3-1316 Right to counsel
Status: in_force

41-3-1316 . Right to counsel. In a child custody proceeding under this part in which the court determines that the Indian child's parent or Indian custodian is indigent, the parent or Indian custodian has the right to court-appointed counsel. The court may, in its discretion, appoint counsel for the Indian child pursuant to 41-3-425 .
Mont. Code Ann. § 41-3-207 — MT Code / Title 41 / Chapter 3 / Part 2 / Section 41-3-207
41-3-207 Penalties -- failure to report -- false reporting
Status: in_force

41-3-207 . Penalties -- failure to report -- false reporting. (1) Any person, official, or institution required by 41-3-201 to report known or suspected child abuse or neglect who fails to do so or who prevents another person from reasonably doing so is civilly liable for the damages proximately caused by the act or omission.

(2) Except as provided in subsection (3), any person or official required by 41-3-201 to report known or suspected child abuse or neglect who purposely or knowingly fails to report known child abuse or neglect or purposely or knowingly prevents another person from making a report is guilty of a misdemeanor.

(3) Any person or official required by 41-3-201 to report known or suspected sexual abuse or sexual exploitation who purposely or knowingly fails to report known sexual abuse or sexual exploitation of a child or purposely or knowingly prevents another person from making a report is guilty of a felony and shall be imprisoned in the state prison for a term not to exceed 5 years or fined an amount not to exceed $10,000, or both.

(4) Any person who purposely or knowingly makes a written or verbal false report of suspected child abuse or neglect under 41-3-201 in bad faith or with malicious purpose is guilty of unsworn falsification to authorities as provided in 45-7-203 .
Mont. Code Ann. § 41-3-1212 — MT Code / Title 41 / Chapter 3 / Part 12 / Section 41-3-1212
41-3-1212 Investigations -- discretion -- procedure
Status: in_force

41-3-1212 . Investigations -- discretion -- procedure. (1) The ombudsman shall investigate a request for assistance unless:

(a) the request for assistance is trivial, frivolous, vexatious, or not made in good faith;

(b) the request for assistance is too delayed to justify an investigation;

(c) the person requesting assistance is not personally aggrieved by the subject matter of the request; or

(d) the request for assistance has been previously investigated by the ombudsman.

(2) The ombudsman may investigate a request for assistance in a matter that is being or may reasonably be addressed by another remedy or channel, including a matter that is before a court.

(3) (a) After an investigation is completed, the ombudsman shall provide to the department any findings, conclusions, and recommendations.

(b) The department shall inform the ombudsman no later than 60 days after receipt of the report on the actions the department is taking to resolve or correct any problems identified by the ombudsman. If the department has not resolved or corrected a problem, the department shall inform the ombudsman of any reasons for not addressing the ombudsman's findings, conclusions, and recommendations.

(c) The ombudsman shall include the following information in the report required under 41-3-1211 :

(i) the number of findings reports made to the department;

(ii) the nature of the problems identified by the ombudsman;

(iii) the actions taken by the department to resolve or correct the problems; and

(iv) the problems that have not been resolved or corrected by the department, as well as the department's reasons for not addressing the ombudsman's findings, conclusions, and recommendations.
Mont. Code Ann. § 41-3-1214 — MT Code / Title 41 / Chapter 3 / Part 12 / Section 41-3-1214
41-3-1214 Legislator access to ombudsman records
Status: in_force

41-3-1214 . Legislator access to ombudsman records. (1) Records of ombudsman investigations, including case notes, correspondence, and interviews, must be disclosed to a member of the legislature if:

(a) the legislator receives a written request from a person who has requested assistance from the ombudsman about whether laws protecting children from abuse or neglect are being complied with or whether the laws need to be changed to enhance protections for children;

(b) the legislator submits a written request to the ombudsman asking to review the records relating to the written inquiry. The legislator'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 ombudsman in locating the records.

(c) before reviewing the records, the legislator:

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

(ii) receives from the ombudsman an orientation of the content and structure of the records.

(2) (a) Except as provided in subsection (2)(b), records disclosed pursuant to this section are confidential. Records must be made available for the member to view but may not be copied, photographed, or otherwise replicated by the member, and must remain solely in the ombudsman's possession. The records may be viewed at any office maintained by the office of the child and family ombudsman.

(b) A member may take notes in order to discuss the records with the party who submitted the written inquiry to the member.
Mont. Code Ann. § 41-3-1319 — MT Code / Title 41 / Chapter 3 / Part 13 / Section 41-3-1319
41-3-1319 Active efforts
Status: in_force

41-3-1319 . Active efforts. (1) Any party seeking to effect a foster care placement of, or termination of parental rights to, an Indian child under state law shall satisfy the court that active efforts have been made to provide remedial services and rehabilitative programs designed to prevent the breakup of the Indian family and that the efforts have proven unsuccessful.

(2) The court shall make written findings that the petitioning party has provided active efforts and the efforts must be documented in detail in the record.

(3) If the department is involved in the child custody proceeding, active efforts must include assisting the parent, parents, or Indian custodian through the steps of a case plan and with accessing or developing the resources necessary to satisfy the case plan.

(4) (a) To the maximum extent possible, active efforts must be provided in a manner consistent with the prevailing social and cultural conditions and way of life of the Indian child's tribe and conducted in partnership with the Indian child and the Indian child's parents, extended family members, Indian custodians, and tribe. Active efforts are to be tailored to the facts and circumstances of the case and may include but are not limited to:

(i) conducting a comprehensive assessment of the circumstances of the Indian child's family, with a focus on safe reunification as the most desirable goal;

(ii) identifying appropriate services and helping the parents to overcome barriers, including actively assisting the parents in obtaining the services;

(iii) identifying, notifying, and inviting representatives of the Indian child's tribe to participate in providing support and services to the Indian child's family and in family team meetings, permanency planning, and resolution of placement issues;

(iv) conducting or causing to be conducted a diligent search for the Indian child's extended family members and contacting and consulting with extended family members to provide family structure and support for the Indian child and the Indian child's parents;

(v) offering and employing all available and culturally appropriate family preservation strategies and facilitating the use of remedial and rehabilitative services provided by the child's tribe;

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

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

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

(ix) monitoring progress and participation in services;

(x) considering alternative ways to address the needs of the Indian child's parents and, when appropriate, the family, if the optimum services do not exist or are not available; and

(xi) providing postreunification services and monitoring.

(b) Referral to a service or program does not constitute an active effort if the referral was the sole action taken.
Mont. Code Ann. § 41-5-1903 — MT Code / Title 41 / Chapter 5 / Part 19 / Section 41-5-1903
41-5-1903 Application for grants -- county plans -- obligation of counties receiving grants -- review and monitoring
Status: in_force

41-5-1903 . Application for grants -- county plans -- obligation of counties receiving grants -- review and monitoring. (1) In order to receive funds under 41-5-1902 , a county shall submit an application to the board in a manner and form prescribed by the board.

(2) The application must include a written plan for providing youth detention services in the county. Each plan must include:

(a) an assessment of the need for services;

(b) a description of services to be provided, including alternatives to secure detention;

(c) the estimated number of youth who will receive services;

(d) criteria for the placement of youth in secure detention; and

(e) a budget describing proposed expenditures for youth detention services.

(3) If the application and plan are approved by the board, the county may receive a grant in the amount provided for in 41-5-1904 .

(4) As a condition of receiving funds under 41-5-1902 , each county shall, within a reasonable period of time, comply or substantially comply with state law and policies contained in the Montana Youth Court Act concerning the detention and placement of youth.

(5) The board shall periodically review and monitor counties receiving grants under 41-5-1902 to assure compliance or substantial compliance with the Montana Youth Court Act, as required under subsection (4). If, after notice and fair hearing, the board determines that a county is not in compliance or substantial compliance with the Montana Youth Court Act, the board shall terminate the grant to the county.
Mont. Code Ann. § 41-4-109 — MT Code / Title 41 / Chapter 4 / Part 1 / Section 41-4-109
41-4-109 Executive head defined
Status: in_force

41-4-109 . Executive head defined. As used in Article VII of the Interstate Compact on the Placement of Children, the term "executive head" means the governor. The governor is hereby authorized to appoint a compact administrator in accordance with the terms of said Article VII.
Mont. Code Ann. § 41-3-1202 — MT Code / Title 41 / Chapter 3 / Part 12 / Section 41-3-1202
41-3-1202 Terminated
Status: in_force

41-3-1202 . Terminated. Sec. 12, Ch. 333, L. 2013.
Mont. Code Ann. § 41-3-434 — MT Code / Title 41 / Chapter 3 / Part 4 / Section 41-3-434
41-3-434 Stipulations -- prohibition on continuances of hearings
Status: in_force

41-3-434 . Stipulations -- prohibition on continuances of hearings. (1) Subject to approval by the court, the parties may stipulate to any of the following:

(a) the child meets the definition of a youth in need of care by the preponderance of the evidence;

(b) a treatment plan, if the child has been adjudicated a youth in need of care;

(c) the disposition; or

(d) extension of the timeframes contained in this chapter, except for the timeframe contained in 41-3-445 .

(2) (a) Unless the court determines that good cause or exigent circumstances exist, a hearing scheduled pursuant to this chapter may not be continued. If the court determines that good cause or exigent circumstances necessitate the continuance of a scheduled hearing, the court shall review the reasons for good cause or the exigency and order an appropriate remedy that considers the best interests of the child.

(b) For the purposes of this subsection (2), "exigent circumstances" means:

(i) newly discovered evidence;

(ii) unforeseen personal emergencies; or

(iii) other unforeseen emergencies or disasters.

(c) For purposes of this subsection (2), "good cause" exists when:

(i) a parent is progressing with recommended treatment or other services included in a court-approved treatment plan and would benefit from a reasonable amount of additional time to complete the identified tasks to achieve reunification with the child;

(ii) additional time is necessary to meet the individual needs of a child, provide for the child's physical or emotional health, or to facilitate the child's permanency;

(iii) continuation of a hearing is necessary to satisfy the procedural requirements of due process or effective representation; or

(iv) the parties agree to a continuance.
Mont. Code Ann. § 41-5-1302 — MT Code / Title 41 / Chapter 5 / Part 13 / Section 41-5-1302
41-5-1302 Consent adjustment without petition
Status: in_force

41-5-1302 . Consent adjustment without petition. (1) Before referring the matter to the county attorney and subject to the limitations in subsection (3), the juvenile probation officer or assessment officer may enter into a consent adjustment and give counsel and advice to the youth, the youth's family, and other interested parties if it appears that:

(a) the admitted facts bring the case within the jurisdiction of the youth court;

(b) the youth and the youth's family have been advised of the youth's right to counsel;

(c) counsel and advice without filing a petition would be in the best interests of the child, the family, and the public; and

(d) the youth may be a youth in need of intervention and the juvenile probation officer or assessment officer believes that the parents, foster parents, physical custodian, or guardian exerted all reasonable efforts to mediate, resolve, or control the youth's behavior and the youth continues to exhibit behavior beyond the control of the parents, foster parents, physical custodian, or guardian.

(2) Any probation or other disposition imposed under this section against a youth must conform to the following procedures:

(a) Each consent adjustment must be reduced to writing and signed by the youth, the youth's legal counsel if applicable, and the youth's parents or the person having legal custody of the youth.

(b) If the juvenile probation officer or assessment officer believes that the youth is a youth in need of intervention, the juvenile probation officer or assessment officer shall determine that the parents, foster parents, physical custodian, or guardian exerted all reasonable efforts to mediate, resolve, or control the youth's behavior and that the youth continues to exhibit behavior beyond the control of the parents, foster parents, physical custodian, or guardian.

(c) Approval by the youth court judge is required if the complaint alleges commission of a felony or if the youth has been or will be in any way detained.

(3) A consent adjustment without petition under this section may not be used to dispose of a youth's alleged second or subsequent offense if:

(a) the youth has admitted commission of or has been adjudicated or sentenced for a prior offense that would be a felony if committed by an adult;

(b) the second or subsequent offense would be a felony if committed by an adult and was committed within 3 years of a prior offense; or

(c) the second or subsequent offense would be a misdemeanor if committed by an adult and was committed within 3 years of a prior offense, other than a felony, unless the juvenile probation officer notifies the youth court and obtains written approval from the county attorney and the youth court judge.

(4) For purposes of subsection (3), related offenses committed by a youth during the same 24-hour period must be considered a single offense.

(5) (a) If the youth fails to fulfill the expressed terms and conditions of a consent adjustment, either prior to discharge by probation services or expiration of the consent adjustment, the county attorney may file a petition to:

(i) charge the youth to be a delinquent youth pursuant to Title 41, chapter 5; or

(ii) revoke the consent adjustment with the youth court.

(b) If a petition to revoke the consent adjustment is filed pursuant to subsection (5)(a)(ii) and the youth court finds that the youth violated the consent adjustment, the youth court may adjudicate the youth pursuant to 41-5-1512 . A revocation of a consent adjustment must follow the procedures as set forth in 41-5-1431 .
Mont. Code Ann. § 41-5-113 — MT Code / Title 41 / Chapter 5 / Part 1 / Section 41-5-113
41-5-113 Restrictions on use of funds
Status: in_force

41-5-113 . Restrictions on use of funds. (1) Funds available to a judicial district under 41-5-130 , 41-5-132 , or 41-5-2012 may not be used to:

(a) pay salary, benefits, or training costs of a federal, state, or county employee;

(b) purchase items for a federal, state, or county agency that the agency would normally provide for its employees;

(c) support a program or service previously paid for by another source, except as provided in subsection (2); or

(d) construct or remodel a physical structure.

(2) Available funds may be used to support a program providing direct services to youth that was previously funded through grant money if the program's demonstrated outcomes resulted in a reduction in out-of-home placements.

(3) A judicial district shall comply with state procurement laws when expending available funds.
Mont. Code Ann. § 41-6-104 — MT Code / Title 41 / Chapter 6 / Part 1 / Section 41-6-104
41-6-104 Financial arrangements
Status: in_force

41-6-104 . Financial arrangements. The compact administrator, subject to the approval of the department of administration, may make or arrange for any payments necessary to discharge any financial obligations imposed upon this state by the compact or by any supplementary agreement entered into thereunder.
Mont. Code Ann. § 41-5-1703 — MT Code / Title 41 / Chapter 5 / Part 17 / Section 41-5-1703
41-5-1703 Powers and duties of juvenile probation officers
Status: in_force

41-5-1703 . Powers and duties of juvenile probation officers. (1) A juvenile probation officer shall:

(a) perform the duties set out in 41-5-1302 ;

(b) make predisposition studies and submit reports and recommendations to the court;

(c) supervise, assist, and counsel youth placed on probation or conditional release or under the juvenile probation officer's supervision, including enforcement of the terms of probation or conditional release or intervention;

(d) assist any public and private community and work projects engaged in by youth to pay restitution;

(e) perform any other functions designated by the court.

(2) A juvenile probation officer does not have power to make arrests or to perform any other law enforcement functions in carrying out the juvenile probation officer's duties except that a juvenile probation officer may take into custody any youth who violates either the youth's probation, terms and conditions of the youth's conditional release agreement, or a lawful order of the court.

(3) The duties of a full-time or part-time juvenile probation officer may not be performed by a person serving as a law enforcement officer.
Mont. Code Ann. § 41-3-1005 — MT Code / Title 41 / Chapter 3 / Part 10 / Section 41-3-1005
41-3-1005 Removal of members -- grounds
Status: in_force

41-3-1005 . Removal of members -- grounds. Grounds for removal of a member of a board under 41-3-1004 may include but are not limited to the following:

(1) nonparticipation by a board member;

(2) a member establishing residence in a judicial district other than the judicial district in which the court the person was appointed to serve is located;

(3) violation of the confidentiality of information established under 41-3-1007 ; or

(4) other cause or grounds as necessary for the administration of the program.
Mont. Code Ann. § 41-5-1522 — MT Code / Title 41 / Chapter 5 / Part 15 / Section 41-5-1522
41-5-1522 Commitment to department -- restrictions on placement
Status: in_force

41-5-1522 . Commitment to department -- restrictions on placement. When a youth is committed to the department, the department shall determine the appropriate placement and rehabilitation program for the youth while the youth is in a correctional facility or other program operated by or under contract with the department after considering the recommendations made by the youth placement committee if a committee has been established as provided for in 41-5-121 . Placement is subject to the following limitations:

(1) A youth may not be held in a correctional facility for a period of time in excess of 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.

(2) A youth may not be placed in or transferred to a correctional facility that does not provide sight and sound separation from adult offenders as required in 28 CFR 115.14.

(3) The department may not place a youth in need of intervention, a youth adjudicated delinquent for commission of an act that would not be an offense if committed by an adult, or a youth who violates a consent adjustment in a correctional facility.
Mont. Code Ann. § 41-5-1805 — MT Code / Title 41 / Chapter 5 / Part 18 / Section 41-5-1805
41-5-1805 Creation of regions -- requirements -- limitation on number of regions
Status: in_force

41-5-1805 . Creation of regions -- requirements -- limitation on number of regions. (1) Counties that wish to establish a regional detention facility shall form a youth detention region.

(2) Each youth detention region must:

(a) be composed of contiguous counties participating in the regional detention facility; and

(b) include geographical areas of the state that contain a substantial percentage of the total youth population in need of detention services, as determined by the board of crime control.

(3) There may be no more than five youth detention regions established in the state at any one time.
Mont. Code Ann. § 41-2-117 — MT Code / Title 41 / Chapter 2 / Part 1 / Section 41-2-117
41-2-117 Power to adopt rules
Status: in_force

41-2-117 . Power to adopt rules. The department may adopt rules, including definitions of terms, to carry out the purposes of this part and to prevent the circumvention or evasion of this part.
Mont. Code Ann. § 41-1-201 — MT Code / Title 41 / Chapter 1 / Part 2 / Section 41-1-201
41-1-201 Liability of minors for wrongs -- exemplary damages
Status: in_force

41-1-201 . Liability of minors for wrongs -- exemplary damages. A minor is civilly liable for a wrong done by the minor but is not liable for exemplary damages unless at the time of the act, the minor was capable of knowing that it was wrongful.
Mont. Code Ann. § 41-3-206 — MT Code / Title 41 / Chapter 3 / Part 2 / Section 41-3-206
41-3-206 Procedure in case of child's death
Status: in_force

41-3-206 . Procedure in case of child's death. (1) A person or official required to report by law who has reasonable cause to suspect that a child has died as a result of child abuse or neglect shall report the person's suspicion to the appropriate medical examiner or law enforcement officer. Any other person who has reasonable cause to suspect that a child has died as a result of child abuse or neglect may report the person's suspicion to the appropriate medical examiner or law enforcement officer.

(2) The medical examiner or coroner shall investigate the report and submit findings, in writing, to the local law enforcement agency, the appropriate county attorney, the local child protective service, the family of the deceased child, and, if the person making the report is a physician, the physician.
Mont. Code Ann. § 41-3-1328 — MT Code / Title 41 / Chapter 3 / Part 13 / Section 41-3-1328
41-3-1328 Removal of Indian child from adoptive or foster care placement
Status: in_force

41-3-1328 . Removal of Indian child from adoptive or foster care placement. (1) If a final decree of adoption of an Indian child has been vacated or set aside or the adoptive parents voluntarily consent to the termination of their parental rights to the Indian child, the biological parent or prior Indian custodian may petition to have the Indian child returned to the custody of the parent or Indian custodian. The court shall grant the request unless there is a showing by clear and convincing evidence that return of custody to the biological parent or Indian custodian is not in the best interests of the child.

(2) If an Indian child is removed from a foster care placement or a preadoptive or adoptive home for the purposes of further foster care or a preadoptive or adoptive placement, the placement must be made in accordance with this part unless an Indian child is being returned to the parent or Indian custodian from whose custody the child was originally removed.
Mont. Code Ann. § 41-3-438 — MT Code / Title 41 / Chapter 3 / Part 4 / Section 41-3-438
41-3-438 Disposition -- hearing -- order
Status: in_force

41-3-438 . Disposition -- hearing -- order. (1) Unless a petition is dismissed or unless otherwise stipulated by the parties pursuant to 41-3-434 or ordered by the court, a dispositional hearing must be held on every petition filed under this chapter within 20 days after an adjudicatory order has been entered under 41-3-437 . Exceptions to the time limit may be allowed only in cases involving newly discovered evidence, unavoidable delays, stipulation by the parties pursuant to 41-3-434 , and unforeseen personal emergencies.

(2) (a) A dispositional order must be made after a dispositional hearing that is separate from the adjudicatory hearing under 41-3-437 . The hearing process must be scheduled and structured so that dispositional issues are specifically addressed apart from adjudicatory issues. Hearsay evidence is admissible at the dispositional hearing.

(b) A dispositional hearing may follow an adjudicatory hearing in a bifurcated manner immediately after the adjudicatory phase of the proceedings if:

(i) all required reports are available and have been received by all parties or their attorneys at least 5 working days in advance of the hearing; and

(ii) the judge has an opportunity to review the reports after the adjudication.

(c) The dispositional hearing may be held prior to the entry of written findings required by 41-3-437 .

(3) If a child is found to be a youth in need of care under 41-3-437 , the court may enter its judgment, making any of the following dispositions to protect the welfare of the child:

(a) permit the child to remain with the child's custodial parent or guardian, subject to those conditions and limitations the court may prescribe;

(b) order the department to evaluate the noncustodial parent as a possible caretaker;

(c) order the temporary placement of the child with the noncustodial parent, superseding any existing custodial order, and keep the proceeding open pending completion by the custodial parent of any treatment plan ordered pursuant to 41-3-443 ;

(d) order the placement of the child with the noncustodial parent, superseding any existing custodial order, and dismiss the proceeding with no further obligation on the part of the department to provide services to the parent with whom the child is placed or to work toward reunification of the child with the parent or guardian from whom the child was removed in the initial proceeding;

(e) grant an order of limited emancipation to a child who is 16 years of age or older, as provided in 41-1-503 ;

(f) transfer temporary legal custody to any of the following:

(i) the department;

(ii) a licensed child-placing agency that is willing and able to assume responsibility for the education, care, and maintenance of the child and that is licensed or otherwise authorized by law to receive and provide care of the child; or

(iii) a nonparent relative or other individual who has been evaluated and recommended by the department or a licensed child-placing agency designated by the court and who is found by the court to be qualified to receive and care for the child;

(g) order a party to the action to do what is necessary to give effect to the final disposition, including undertaking medical and psychological evaluations, treatment, and counseling that does not require an expenditure of money by the department unless the department consents and informs the court that resources are available for payment. The department is the payor of last resort after all family, insurance, and other resources have been examined.

(h) order further care and treatment as the court considers in the best interests of the child that does not require an expenditure of money by the department unless the department consents and informs the court that resources are available for the proposed care and treatment. The department is the payor of last resort after all family, insurance, and other resources have been examined pursuant to 41-3-446 .

(4) If a member of the child's extended family, including an adult sibling, grandparent, great-grandparent, aunt, or uncle, has requested that custody be awarded to that family member, the department shall investigate and determine if awarding custody to the family member is in the best interests of the child. The department shall provide the reasons for any denial to the court. If the court accepts the department's custody recommendation, the court shall inform any denied family member of the reasons for the denial to the extent that confidentiality laws allow. The court shall include the reasons for denial in the court order if the family member who is denied temporary legal custody requests it to be included.

(5) 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 permanency for the child, the department shall make reasonable efforts to place the child in a timely manner in accordance with a permanent plan and to complete whatever steps are necessary to finalize the permanent placement of the child.

(6) If the court finds that reasonable efforts are not necessary pursuant to 41-3-442 (1) or subsection (5) of this section, a permanency hearing must be held within 30 days of that determination and reasonable efforts 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.

(7) If the time limitations of this section are not met, the court shall review the reasons for the failure and order an appropriate remedy that considers the best interests of the child.
Mont. Code Ann. § 41-3-441 — MT Code / Title 41 / Chapter 3 / Part 4 / Section 41-3-441
41-3-441 Review of necessity of nonyouth foster home placement
Status: in_force

41-3-441 . Review of necessity of nonyouth foster home placement. (1) Within 60 days of placement of a child in a therapeutic group home, the court shall:

(a) conduct a hearing to:

(i) review the therapeutic needs assessment of the child;

(ii) consider whether the needs of the child can be met through placement in a youth foster home;

(iii) consider whether placement of the child in a therapeutic group home provides the most effective and appropriate level of care for the child in the least restrictive environment; and

(iv) consider whether placement of the child in a therapeutic group home is consistent with the short-term and long-term goals for the child as specified in the child's permanency plan; and

(b) issue a written order stating the reasons for the court's decision to approve or disapprove the continued placement of the child in a therapeutic group home. The order must be included in and made part of the child's case plan.

(2) If the child remains placed in a therapeutic group home, the following evidence must be submitted at each status review or permanency hearing held concerning the child:

(a) the ongoing assessment of the strengths and needs of the child that continues to support the determination that the needs of the child cannot be met through placement in a youth foster home;

(b) that the child's placement in a therapeutic group home provides the most effective and appropriate level of care for the child in the least restrictive environment;

(c) that the placement is consistent with the short-term and long-term goals for the child as specified in the child's permanency plan;

(d) documentation of the specific treatment or service needs that will be met for the child in the placement and the length of time the child is expected to need the treatment or services; and

(e) documentation of the efforts made by the department to prepare the child to return home, to be placed with a fit and willing relative, legal guardian, or adoptive parent, or to be placed in a youth foster home.
Mont. Code Ann. § 41-1-102 — MT Code / Title 41 / Chapter 1 / Part 1 / Section 41-1-102
41-1-102 Periods of minority -- how calculated
Status: in_force

41-1-102 . Periods of minority -- how calculated. The periods specified in 41-1-101 must be calculated from the first minute of the day on which persons are born to the same minute of the corresponding day completing the period of minority.
Mont. Code Ann. § 41-3-615 — MT Code / Title 41 / Chapter 3 / Part 6 / Section 41-3-615
41-3-615 Reinstatement of parental rights
Status: in_force

41-3-615 . Reinstatement of parental rights. (1) A child whose parent's rights were terminated under this chapter or a party whose parental rights were terminated under this chapter may petition the court to reinstate parental rights if:

(a) the child was adjudicated a youth in need of care under this chapter;

(b) the child's parent's rights were terminated in a proceeding under this chapter;

(c) the child has not achieved the child's permanency plan or the permanency plan has not been sustained; and

(d) two years have passed since the final order terminating parental rights was entered.

(2) If a parent of a child eligible to petition for reinstatement of parental rights under subsection (1) contacts the department or the child's guardian ad litem regarding reinstatement of parental rights, the department or the guardian ad litem shall notify the child about the child's right to petition for reinstatement of parental rights under this section.

(3) A child filing a petition under this section:

(a) is entitled to representation by counsel; and

(b) shall sign the petition unless good cause exists for not doing so.

(4) (a) If, after considering the parent's fitness and interest in reinstatement of parental rights, the court finds that the best interests of the child may be served by reinstatement of parental rights, the court shall order that a hearing on the merits of the petition be held.

(b) The court shall provide prior notice of a hearing under subsection (4)(a) to:

(i) the department;

(ii) the child's attorney and the child;

(iii) the child's parent whose parental rights are the subject of the petition;

(iv) any parent whose rights have not been terminated;

(v) the child's current foster parent, relative caregiver, guardian, or custodian; and

(vi) if applicable, the child's tribe.

(5) After a hearing, the court shall conditionally grant the petition, reinstating the rights of one or both parents, if the court finds by clear and convincing evidence that:

(a) both the parent and the child consent to the reinstatement of parental rights;

(b) in accordance with subsection (6):

(i) the child has not achieved the child's permanency plan and is not likely to imminently achieve the child's permanency plan; or

(ii) the child has not sustained the child's permanency plan; and

(c) in accordance with subsection (7), reinstatement of parental rights is in the child's best interest.

(6) In determining whether the child has achieved the child's permanency plan or is likely to achieve the child's permanency plan, the court shall review information provided by the department related to any efforts to achieve the permanency plan, including efforts to achieve adoption or a permanent guardianship.

(7) In determining whether reinstatement of parental rights is in the child's best interests, the court shall consider but is not limited to the following:

(a) whether the parent whose rights are to be reinstated is a fit parent and has remedied the parent's deficiencies documented in the record of the termination proceedings and in the termination order;

(b) whether the child is able to express the child's preference;

(c) whether the reinstatement of parental rights will present a risk to the child's health, welfare, or safety;

(d) whether the benefit to the child of reinstatement of parental rights outweighs the potential lack of permanency for the child; and

(e) whether other material changes in circumstances exist that would warrant reinstating parental rights.

(8) (a) If the court conditionally grants the petition under subsection (7), the proceedings must be continued for 6 months and a temporary order of reinstatement must be entered.

(b) Except as provided in subsection (8)(c), during this time:

(i) the child must be placed in the parent's custody; and

(ii) the department shall develop a reunification plan for the child and shall provide transition services to the family, as appropriate.

(c) If at any time the department alleges that the child has been abused or neglected by the parent, the department shall petition the court for an order dismissing the temporary reinstatement of parental rights. The court shall grant the petition based on a preponderance of the evidence that the child has been abused or neglected.

(9) (a) After the child has successfully been placed with the parent for 6 months, the court shall enter a final order reinstating parental rights that restores all rights, powers, privileges, immunities, duties, and obligations of the parent to the child, including those relating to custody, control, and, subject to subsection (9)(c), support of the child. The court shall direct the clerk of court to provide a certified copy of the final order of reinstatement of parental rights to the parent at no cost.

(b) The reinstatement of parental rights pursuant to subsection (9)(a) does not vacate or otherwise affect the validity of the original termination order.

(c) A parent whose rights are reinstated under subsection (9)(a) may not be held liable for any child support owed to the department or costs of other services provided to the child for the period beginning on the date parental rights were terminated and ending on the date parental rights were reinstated.

(10) This section may not be construed to create a cause of action against the state or its employees concerning the original termination.
Mont. Code Ann. § 41-3-113 — MT Code / Title 41 / Chapter 3 / Part 1 / Section 41-3-113
41-3-113 Appeals
Status: in_force

41-3-113 . Appeals. (1) Appeals of court orders or decrees made under this part must be given precedence on the calendar of the supreme court over all other matters, unless otherwise provided by law.

(2) An appeal does not stay the order or decree appealed from and does not divest the presiding district court judge of jurisdiction to take steps that are necessary, in the best interests of the child, and in order to protect the health and safety of the child. The supreme court may order a stay upon application and hearing if suitable provision is made for the care and custody of the child.

(3) If the appeal results in the reversal of the order appealed, the legal status of the child reverts to the child's legal status before the entry of the order that was appealed. The child's prior legal status remains in effect until further order of the district court unless the supreme court orders otherwise.
Mont. Code Ann. § 41-3-107 — MT Code / Title 41 / Chapter 3 / Part 1 / Section 41-3-107
41-3-107 Interagency cooperation
Status: in_force

41-3-107 . Interagency cooperation. (1) To effectuate the purposes of this chapter, the department of public health and human services shall cooperate with and shall seek the cooperation and involvement of all appropriate public and private agencies, including health, education, social services, and law enforcement agencies; juvenile courts; and any other agency, organization, or program providing or concerned with human services related to the prevention, identification, or treatment of child abuse or neglect. The cooperation and involvement may not include joint case management but may include joint policy planning, public education, information services, staff development, and other training.

(2) The department shall enter into a cooperative agreement with other state agencies, as provided in 52-2-203 , for the purpose of implementing this section.
Mont. Code Ann. § 41-3-304 — MT Code / Title 41 / Chapter 3 / Part 3 / Section 41-3-304
41-3-304 Criminal background checks of adults residing in potential emergency placements authorized -- rulemaking
Status: in_force

41-3-304 . Criminal background checks of adults residing in potential emergency placements authorized -- rulemaking. (1) (a) If a child is removed from the child's parental or custodial home for protective care pursuant to this part and an emergency placement is offered, the department or an authorized tribe may request, in accordance with the procedures set forth in 28 CFR 901.1 through 901.4, that each adult 18 years of age or older who is residing in a home where the potential emergency placement is to be made consent to a preliminary state and federal name-based background check that must be followed within 15 calendar days from the date that the name-based background search was conducted with the submission of fingerprints to the state repository, as defined in 44-5-103 , for a fingerprint-based background check conducted in accordance with subsection (2) of this section.

(b) If a name-based background check demonstrates that none of the adults residing in the home where the emergency placement is to be made has been convicted of a disqualifying criminal offense, the department or authorized tribe may place the child in the home pending the outcome of the fingerprint-based background check.

(c) If an adult refuses to consent to the department's or an authorized tribe's request for a name-based and fingerprint-based background check, the department or authorized tribe may not place the child in a home in which the adult resides, or if the child was already placed in the home, the department or authorized tribe shall immediately remove the child from the home.

(2) An adult who consents to a name-based and fingerprint-based background check pursuant to subsection (1) shall submit to the department or an authorized tribe a complete set of fingerprints and written permission authorizing the department or the authorized tribe to submit the fingerprints to the state repository for processing of the state and federal background check. Results of the name-based and fingerprint-based background check must be provided to the quality assurance division of the department of public health and human services or to an authorized tribe.

(3) If the department or an authorized tribe elects to perform an initial name-based background check and a fingerprint-based background check pursuant to this section, the department or the authorized tribe may not make an emergency placement or continue an emergency placement in a home in which an adult resident has been convicted of a disqualifying criminal offense.

(4) The state repository and the federal bureau of investigation may charge a reasonable fee for processing a fingerprint-based criminal background check.

(5) If an emergency placement is denied as a result of a name-based background check of a resident and the resident contests the denial, the resident may within 15 calendar days of the denial submit to the department or authorized tribe a complete set of fingerprints with written permission allowing the department or authorized tribe to submit the fingerprints to the state repository for processing of the state and federal background check.

(6) The department shall by rule designate those criminal offenses that constitute a disqualifying criminal offense under this section, which may include but are not limited to felony convictions for violent crimes, crimes involving children, family members, or the elderly or disabled, and crimes involving drugs in which the conviction occurred within a certain period of time.

(7) For the purposes of this section, the following definitions apply:

(a) "Authorized tribe" means the tribal child services unit and its approved designees responsible for overseeing foster care licensing for an Indian tribe located within the borders of Montana that has in place a valid tribal fingerprint program user agreement with the Montana department of justice.

(b) "Emergency placement" means an instance in which the department or an authorized tribe provides protective services and places a child in the home of private individuals, including but not limited to family, neighbors, or friends of the child.
Mont. Code Ann. § 41-3-106 — MT Code / Title 41 / Chapter 3 / Part 1 / Section 41-3-106
41-3-106 Prosecution of offenders
Status: in_force

41-3-106 . Prosecution of offenders. (1) If the evidence indicates violation of the criminal code, it is the responsibility of the county attorney to file appropriate charges against the alleged offender.

(2) The filing of a criminal charge does not toll a proceeding under this chapter.

(3) The district court has original jurisdiction under this section.
Mont. Code Ann. § 41-3-1004 — MT Code / Title 41 / Chapter 3 / Part 10 / Section 41-3-1004
41-3-1004 Administration -- training -- oversight -- procedures
Status: in_force

41-3-1004 . Administration -- training -- oversight -- procedures. (1) The office of the court administrator, as provided for in 3-1-701 , shall, in accordance with the direction of the supreme court, oversee the program established in this part and shall, at the time prescribed by 5-11-210 , prepare a report to the governor, the legislature, and the public regarding:

(a) state laws, policies, and practices affecting permanence and appropriate care for children in the custody of the department and other agencies; and

(b) the effectiveness of the boards in bringing about permanence and appropriate care for children in the custody of the department and other agencies.

(2) The office of the court administrator shall:

(a) establish policies and procedures for adoption by the Montana supreme court for the operation of a board, including procedures for removing members;

(b) provide training programs for board members consisting of orientation training of at least 16 hours and a minimum of 8 hours of continuing education training annually;

(c) provide consultation services on request to a board; and

(d) employ staff and provide for support services for boards.
Mont. Code Ann. § 41-3-1303 — MT Code / Title 41 / Chapter 3 / Part 13 / Section 41-3-1303
41-3-1303 Definitions
Status: in_force

41-3-1303 . Definitions. As used in this part, the following definitions apply:

(1) "Active efforts" means affirmative, active, thorough, and timely efforts meeting the requirements of 41-3-1319 that are intended primarily to maintain or reunite an Indian child with the child's family and that are tailored to the facts and circumstances of the case.

(2) "Adoptive placement" means the permanent placement of an Indian child for adoption, including any action resulting in a final decree of adoption.

(3) (a) "Child custody proceeding" means any state or private proceeding, other than an emergency proceeding, that may culminate in a foster care placement, termination of parental rights, preadoptive placement, or adoptive placement.

(b) The term does not include a placement based on:

(i) an act that, if committed by an adult, would be considered a crime; or

(ii) an award, in a dissolution proceeding, of custody to one of the child's parents.

(4) "Court of competent jurisdiction" means a court that has jurisdiction over the relevant subject matter under federal, state, or tribal law.

(5) "Department" means the department of public health and human services provided for in 2-15-2201 .

(6) "Foster care placement" means an action removing an Indian child from the child's parent or Indian custodian for temporary placement in a foster home or institution or with a relative, guardian, conservator, or suitable other person under which the parent or Indian custodian may not have the child returned on demand but parental rights have not been terminated.

(7) "Indian" means a person who is a member of an Indian tribe or who is an Alaska Native and a member of a regional corporation as established in 43 U.S.C. 1606.

(8) "Indian child" means an unmarried Indian person who is under 18 years of age and who is:

(a) a member of an Indian tribe; or

(b) eligible for membership in an Indian tribe and is the biological child of a member of an Indian tribe.

(9) (a) "Indian child's family" or "extended family member" means an individual defined by the law or custom of the Indian child's tribe as a relative of the Indian child.

(b) If the Indian child's tribe does not identify family members by law or custom, the term means an adult who is the Indian child's grandparent, aunt, uncle, brother, sister, brother-in-law, sister-in-law, niece, nephew, cousin, stepparent, or stepgrandparent. A stepparent or stepgrandparent may be considered a family member even following termination of the marriage.

(10) "Indian child's tribe" means a tribe or tribes in which an Indian child is a member or is determined eligible for membership as provided in 41-3-1307 .

(11) "Indian custodian" means an Indian person who under tribal law, tribal custom, or state law has legal or temporary physical custody of an Indian child or to whom the parent has transferred temporary care, physical custody, and control of the Indian child.

(12) (a) "Indian tribe" or "tribe" means any Indian tribe, band, nation, or other organized group or community of Indians recognized as eligible for the services provided to Indians by the secretary of the interior because of their status as Indians.

(b) The term includes an Alaska Native village as defined in 43 U.S.C. 1602.

(13) "Member" or "membership" means a determination by an Indian tribe that an individual is a member of or eligible for membership in that Indian tribe.

(14) (a) "Parent" means a biological parent of an Indian child or an individual who has lawfully adopted an Indian child, including adoptions made as tribal customary adoptions.

(b) The term does not include an unwed father whose paternity has not been acknowledged or established under Title 40, chapter 6, part 1, or the applicable laws of another state.

(15) "Preadoptive placement" means the temporary placement of an Indian child in a foster home or institution after the termination of parental rights but before or in lieu of adoptive placement.

(16) "Termination of parental rights" means any action resulting in the termination of the parent-child relationship.

(17) "Tribal court" means a court or body vested by an Indian tribe with jurisdiction over child custody proceedings. The term includes but is not limited to a federal court of Indian offenses, a court established and operated under the code or custom of an Indian tribe, and an administrative body of an Indian tribe vested with authority over child custody proceedings.
Mont. Code Ann. § 41-3-902 — MT Code / Title 41 / Chapter 3 / Part 9 / Section 41-3-902
41-3-902 Expungement from central registry -- report to legislature
Status: in_force

41-3-902 . Expungement from central registry -- report to legislature. (1) An individual listed in the central registry may request to have the individual's name expunged from the central registry by submitting a written request to the department accompanied by an affidavit sworn to by a person with personal knowledge stating facts sufficient to show that there is good cause for expungement. Good cause includes but is not limited to:

(a) newly discovered evidence that a substantiated report of child abuse or neglect is inaccurate;

(b) evidence that the requester no longer poses a risk and that no significant public purpose is served by continued listing of the requester in the state's central registry;

(c) evidence that the underlying case on which the substantiated determination was based was closed or dismissed, resulting in reunification, and the requester no longer poses a risk to children;

(d) evidence that circumstances that contributed to the finding of abuse or neglect no longer exist; or

(e) evidence that actions taken by the requester since the incident of abuse or neglect prevent the reoccurrence of abuse or neglect.

(2) (a) An administrator of the department shall review the request within 30 days of receiving the request and determine whether to grant the request.

(b) If the request is granted, the department shall expunge the requester's name from the central registry within 30 days and shall:

(i) destroy any written electronic or hard-copy records of the department related to the requester's substantiation determination; and

(ii) notify the requester and other entities, if appropriate, that the expungement process has been completed.

(c) If the request is denied, the department shall notify the requester in writing within 30 days and shall notify the requester of the right to petition the district court for expungement under subsection (3).

(3) (a) An individual whose written request for expungement has been denied by the department pursuant to subsection (2) may petition the district court in the county in which the individual resides, requesting that the court expunge the individual's name from the central registry. The petition must name the department as a respondent and must be accompanied by an affidavit sworn to by a person with personal knowledge stating facts sufficient to show that there is good cause for expungement as provided in subsection (1).

(b) The court shall hold a hearing on the petition and any response provided by the department unless a hearing is waived by agreement of the parties. At the hearing, the petitioner must be afforded an opportunity to present evidence supporting the petitioner's request for expungement.

(c) If the court finds that the petitioner has established good cause for expunging the petitioner's name from the central registry, the court shall grant the petition and shall order the department to:

(i) expunge the petitioner's name from the central registry within 30 days:

(ii) destroy any written, electronic, or hard-copy records of the department related to the petitioner's substantiation determination; and

(iii) notify the petitioner, the court, and other entities, if appropriate, that the expungement process has been completed.

(4) An individual who is listed in the central registry shall wait 2 years from the date of the original substantiation determination before requesting expungement.

(5) If an individual's request for expungement under this section is denied, the individual shall wait 2 years before submitting another request for expungement.

(6) (a) An individual listed in the state's central registry prior to July 1, 2025, may request to have the individual's name expunged from the central registry by following the procedures described in this section.

(b) The department shall notify all individuals listed in the central registry on July 1, 2025, of the right to request expungement under this section.

(7) Procedures for the expungement of central registry records, as well as updated phone numbers, addresses, and other contact information for the district court and other relevant parties, must be accessible to the public online and posted in a place that is open for public viewing in child and family services offices.

(8) Nothing in this section constitutes a waiver of any right or remedy otherwise available to an individual seeking expungement under this section.

(9) By September 1 of each year, the department shall report to the children, families, health, and human services interim committee in accordance with 5-11-210 on the following:

(a) the total number of individuals listed in the registry;

(b) the number of individuals added to the registry in the past calendar year;

(c) the number of individuals who requested expungement from the registry in the past calendar year, including the number of:

(i) first-time expungement requests submitted pursuant to subsection (4); and

(ii) second or subsequent requests submitted pursuant to subsection (5);

(d) the number of expungement requests granted in the past calendar year, including the number of granted expungement requests that are:

(i) first-time requests pursuant to subsection (4); and

(ii) second or subsequent requests submitted pursuant to subsection (5); and

(e) the number of expungement requests denied in the past calendar year, including:

(i) the number of denied expungement requests that are:

(A) first-time requests pursuant to subsection (4); and

(B) second or subsequent requests pursuant to subsection (5); and

(ii) the reason for each denied expungement request.
Mont. Code Ann. § 41-3-428 — MT Code / Title 41 / Chapter 3 / Part 4 / Section 41-3-428
41-3-428 Service of process -- service by publication -- effect
Status: in_force

41-3-428 . Service of process -- service by publication -- effect. (1) Except as otherwise provided in this chapter, service of process must be made as provided in the Montana Rules of Civil Procedure.

(2) If a person cannot be served personally or by certified mail, the person may be served by publication as provided in 41-3-429 . Publication constitutes conclusive evidence of service, and a hearing must then proceed at the time and date set, with or without the appearance of the person served by publication. At or after the hearing, the court may issue an order that will adjudicate the interests of the person served by publication.

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

(a) immediate protection;

(b) temporary investigative authority; and

(c) temporary legal custody.
Mont. Code Ann. § 41-5-1404 — MT Code / Title 41 / Chapter 5 / Part 14 / Section 41-5-1404
41-5-1404 Service of summons
Status: in_force

41-5-1404 . Service of summons. (1) A youth who is the subject of a proceeding under this chapter must be personally served with summons at least 5 days before the time stated for appearance.

(2) Service of summons on all other persons designated in 41-5-1403 (1) must be made in accordance with Rule 4(c)(2)(C), (c)(2)(D), and (d) through (s) of the Montana Rules of Civil Procedure, except that in all cases, service must be completed at least 5 days before the time stated for appearance.

(3) If a party referred to in subsection (2) is not personally served before a hearing and has not been secluded in an attempt to delay or disrupt any proceeding, the party may appear within a reasonable time subsequent to the hearing and, on motion to the court, request a rehearing. The motion may be granted at the discretion of the judge if a rehearing would be in the best interest of the youth.

(4) The court may authorize payment from county funds of costs of service and necessary travel expenses incurred by persons summoned or otherwise required to appear at the hearing.

(5) An actual abandonment of a youth by the youth's parent or parents constitutes a waiver of summons and notice requirements by the parent or parents. A return endorsed upon the summons showing inability to serve summons constitutes prima facie evidence of actual abandonment.

(6) The youth court may, in the interests of justice, shorten the notice requirements contained in this section, and notice of shortened time must be endorsed on the summons.

(7) A party, other than the youth, may waive service of summons on that party by written stipulation or by voluntary appearance at the hearing. If the youth is present at the hearing, the youth's counsel may waive service of summons on behalf of the youth.
Mont. Code Ann. § 41-1-403 — MT Code / Title 41 / Chapter 1 / Part 4 / Section 41-1-403
41-1-403 Release of information by health professional
Status: in_force

41-1-403 . Release of information by health professional. (1) Except with regard to an emancipated minor, a health professional shall inform the parent, custodian, or guardian of a minor in the circumstances enumerated in 41-1-402 of any treatment given or needed when:

(a) in the judgment of the health professional, severe complications are present or anticipated;

(b) major surgery or prolonged hospitalization is needed;

(c) failure to inform the parent, parents, or legal guardian would seriously jeopardize the safety and health of the minor patient, younger siblings, or the public;

(d) informing them would benefit the minor's physical and mental health and family harmony; or

(e) the health professional or health care facility providing treatment desires a third-party commitment to pay for services rendered or to be rendered.

(2) Notification or disclosure to the parent, parents, or legal guardian by the health professional may not constitute libel or slander, a violation of the right of privacy, a violation of the rule of privileged communication, or any other legal basis of liability. If the minor is found not to be pregnant or not afflicted with a sexually transmitted disease or not suffering from drug abuse or substance abuse, including alcohol, then information with respect to any appointment, examination, test, or other health procedure may not be given to the parent, parents, or legal guardian, if they have not already been informed as permitted in this part, without the consent of the minor.
Mont. Code Ann. § 41-5-1802 — MT Code / Title 41 / Chapter 5 / Part 18 / Section 41-5-1802
41-5-1802 Rules
Status: in_force

41-5-1802 . Rules. The department shall adopt rules governing licensing procedures for regional and county detention facilities, including the requirement that a youth detention facility provide an educational program for youth in need of that service.
Mont. Code Ann. § 41-5-1412 — MT Code / Title 41 / Chapter 5 / Part 14 / Section 41-5-1412
41-5-1412 Rights and obligations -- persons to be advised -- contempt
Status: in_force

41-5-1412 . Rights and obligations -- persons to be advised -- contempt. (1) A person afforded rights under this chapter must be advised of those rights and any other rights existing under law at the time of the person's first appearance in a proceeding on a petition under the Montana Youth Court Act and at any other time specified in that act or other law.

(2) A person must be advised of obligations, including possible assessments that may arise under this chapter.

(3) A youth's parents or guardians are obligated to assist and support the youth court in implementing the court's orders concerning a youth under youth court jurisdiction, and the parents or guardians are subject to the court's contempt powers if they fail to do so. The youth court personnel shall assist the parents to the extent possible in implementing and enforcing interventions and consequences designed to modify the youth's behavior.

(4) A parent has a right to review the results of a youth assessment and to place a rebuttal, statement, or additional information in the youth's file in youth court.
Mont. Code Ann. § 41-3-102 — MT Code / Title 41 / Chapter 3 / Part 1 / Section 41-3-102
41-3-102 Definitions
Status: in_force

41-3-102 . Definitions. As used in this chapter, the following definitions apply:

(1) (a) "Abandon", "abandoned", and "abandonment" mean:

(i) leaving a child under circumstances that make reasonable the belief that the parent does not intend to resume care of the child in the future;

(ii) willfully surrendering physical custody for a period of 6 months and during that period not manifesting to the child and the person having physical custody of the child a firm intention to resume physical custody or to make permanent legal arrangements for the care of the child;

(iii) that the parent is unknown and has been unknown for a period of 90 days and that reasonable efforts to identify and locate the parent have failed; or

(iv) the voluntary surrender, as defined in 40-6-402 , by a parent of a newborn who is no more than 30 days old to an emergency services provider, as defined in 40-6-402 .

(b) The terms do not include the voluntary surrender of a child to the department solely because of parental inability to access publicly funded services.

(2) "A person responsible for a child's welfare" means:

(a) the child's parent, guardian, or foster parent or an adult who resides in the same home in which the child resides;

(b) a person providing care in a day-care facility;

(c) an employee of a public or private residential institution, facility, home, or agency; or

(d) any other person responsible for the child's welfare in a residential setting.

(3) (a) "Abused or neglected" means the state or condition of a child who has suffered child abuse or neglect.

(b) The term does not include a child who has been referred to or raised in a manner consistent with the child's biological sex, including in the making of related mental health or medical decisions.

(4) (a) "Adequate health care" means any medical care or nonmedical remedial health care recognized by an insurer licensed to provide disability insurance under Title 33, including the prevention of the withholding of medically indicated treatment or medically indicated psychological care permitted or authorized under state law.

(b) This chapter may not be construed to require or justify a finding of child abuse or neglect for the sole reason that a parent or legal guardian, because of religious beliefs, does not provide adequate health care for a child. However, this chapter may not be construed to limit the administrative or judicial authority of the state to ensure that medical care is provided to the child when there is imminent substantial risk of serious harm to the child.

(5) "Best interests of the child" means the physical, mental, and psychological conditions and needs of the child and any other factor considered by the court to be relevant to the child.

(6) "Case determination" means a determination to a specified degree of proof, made by the department after the investigation is completed, on whether the reported act of child abuse or neglect occurred. Case determinations are limited to the general categories of substantiated, unsubstantiated, and unfounded.

(7) "Child" or "youth" means any person under 18 years of age.

(8) (a) "Child abuse or neglect" means:

(i) actual physical or psychological harm to a child;

(ii) substantial risk of physical or psychological harm to a child; or

(iii) abandonment.

(b) (i) The term includes:

(A) actual physical or psychological harm to a child or substantial risk of physical or psychological harm to a child by the acts or omissions of a person responsible for the child's welfare;

(B) exposing a child to the criminal distribution of dangerous drugs, as prohibited by 45-9-101 , the criminal production or manufacture of dangerous drugs, as prohibited by 45-9-110 , or the operation of an unlawful clandestine laboratory, as prohibited by 45-9-132 ; or

(C) any form of child sex trafficking or human trafficking.

(ii) For the purposes of this subsection (8), "dangerous drugs" means the compounds and substances described as dangerous drugs in Schedules I through IV in Title 50, chapter 32, part 2.

(c) In proceedings under this chapter in which the federal Indian Child Welfare Act or the Montana Indian Child Welfare Act provided for in Title 41, chapter 3, part 13, is applicable, this term has the same meaning as "serious emotional or physical damage to the child" as used in 25 U.S.C. 1912(f).

(d) The term does not include:

(i) self-defense, defense of others, or action taken to prevent the child from self-harm that does not constitute physical or psychological harm to a child;

(ii) a youth not receiving supervision solely because of parental inability to control the youth's behavior; or

(iii) referring to and raising the child in a manner consistent with the child's biological sex, including in the making of related mental health or medical decisions.

(e) For the purposes of this subsection (8), substance use by a parent or guardian, a child's obesity, disorderly living conditions, or other factors closely related to economic status do not alone constitute "physical or psychological harm to a child".

(9) "Child protection investigator" means an employee of the department who investigates allegations of child abuse, neglect, and endangerment and has been certified pursuant to 41-3-127 .

(10) "Child reunification specialist" means an employee of the department who coordinates reunification services for a child after removal and has been certified pursuant to 41-3-127 .

(11) "Concurrent planning" means to work toward reunification of the child with the family while at the same time developing and implementing an alternative permanent plan.

(12) "Decline to prosecute" means a decision not to file criminal charges based on the matter reported by the department or investigation by law enforcement for any reason, including but not limited to insufficient evidence.

(13) "Department" means the department of public health and human services provided for in 2-15-2201 .

(14) "Family engagement meeting" means a meeting that involves family members in either developing treatment plans or making placement decisions, or both.

(15) "Indian child" has the meaning provided in 41-3-1303 .

(16) "Indian child's tribe" has the meaning provided in 41-3-1303 .

(17) "Indian custodian" has the meaning provided in 41-3-1303 .

(18) "Indian tribe" has the meaning provided in 41-3-1303 .

(19) "Limited emancipation" means a status conferred on a youth by a court in accordance with 41-1-503 under which the youth is entitled to exercise some but not all of the rights and responsibilities of a person who is 18 years of age or older.

(20) "Parent" means a biological or adoptive parent or stepparent.

(21) "Parent-child legal relationship" means the legal relationship that exists between a child and the child's birth or adoptive parents, as provided in Title 40, chapter 6, part 2, unless the relationship has been terminated by competent judicial decree as provided in 40-6-234 , Title 42, or part 6 of this chapter.

(22) "Permanent placement" means reunification of the child with the child's parent, adoption, placement with a legal guardian, placement with a fit and willing relative, or placement in another planned permanent living arrangement until the child reaches 18 years of age.

(23) "Physical abuse" means an intentional act, an intentional omission, or gross negligence resulting in substantial skin bruising, internal bleeding, substantial injury to skin, subdural hematoma, burns, bone fractures, extreme pain, permanent or temporary disfigurement, impairment of any bodily organ or function, or death.

(24) (a) "Physical neglect" means:

(i) failure to provide basic necessities, including but not limited to appropriate and adequate nutrition, protective shelter from the elements, and appropriate clothing related to weather conditions;

(ii) failure to provide cleanliness and general supervision, or both;

(iii) exposing or allowing the child to be exposed to an unreasonable physical or psychological risk to the child;

(iv) allowing sexual abuse or exploitation of the child; or

(v) causing malnutrition or a failure to thrive.

(b) The term does not include referring to and raising the child in a manner consistent with the child's biological sex, including in the making of related mental health or medical decisions.

(25) (a) "Physical or psychological harm to a child" means the harm that occurs whenever the parent or other person responsible for the child's welfare inflicts or allows to be inflicted on the child physical abuse, physical neglect, or psychological abuse or neglect.

(b) The term does not include referring to and raising the child in a manner consistent with the child's biological sex, including in the making of related mental health or medical decisions.

(26) (a) "Protective services" means services provided by the department:

(i) to enable a child alleged to have been abused or neglected to remain safely in the home;

(ii) to enable a child alleged to have been abused or neglected who has been removed from the home to safely return to the home; or

(iii) to achieve permanency for a child adjudicated as a youth in need of care when circumstances and the best interests of the child prevent reunification with parents or a return to the home.

(b) The term includes emergency protective services provided pursuant to 41-3-301 , written prevention plans provided pursuant to 41-3-302 , and court-ordered protective services provided pursuant to parts 4 and 6 of this chapter.

(27) (a) "Psychological abuse or neglect" means severe maltreatment, through acts or omissions, that is injurious to the child's intellectual or psychological capacity to function and that is identified as psychological abuse or neglect by a licensed psychologist, a licensed professional counselor, a licensed clinical social worker, a licensed psychiatrist, a licensed pediatrician, or a licensed advanced practice registered nurse with a focused practice in psychiatry.

(b) The term includes but is not limited to the commission of acts of violence against another person residing in the child's home.

(c) The term may not be construed to hold a victim responsible for failing to prevent the crime against the victim.

(d) The term does not include referring to and raising the child in a manner consistent with the child's biological sex, including in the making of related mental health or medical decisions.

(28) "Qualified expert witness" as used in cases involving an Indian child in proceedings subject to the federal Indian Child Welfare Act or the Montana Indian Child Welfare Act provided for in Title 41, chapter 3, part 13, means:

(a) a member of the Indian child's tribe who is recognized by the tribal community as knowledgeable in tribal customs as they pertain to a family organization and child-rearing practices;

(b) a lay expert witness who has substantial experience in the delivery of child and family services to Indians and extensive knowledge of prevailing social and cultural standards and child-rearing practices within the Indian child's tribe; or

(c) a professional person who has substantial education and experience in providing services to children and families and who possesses significant knowledge of and experience with Indian culture, family structure, and child-rearing practices in general.

(29) "Qualified individual" means a trained professional or licensed clinician who:

(a) has expertise in the therapeutic needs assessment used for placement of youth in a therapeutic group home;

(b) is not an employee of the department; and

(c) is not connected to or affiliated with any placement setting in which children are placed.

(30) "Reasonable cause to suspect" means cause that would lead a reasonable person to believe that child abuse or neglect may have occurred or is occurring, based on all the facts and circumstances known to the person.

(31) "Residential setting" means an out-of-home placement where the child typically resides for longer than 30 days for the purpose of receiving food, shelter, security, guidance, and, if necessary, treatment.

(32) "Safety and risk assessment" means an evaluation by a child protection investigator following an initial report of child abuse or neglect to assess the following:

(a) the existing threat or threats to the child's safety;

(b) the protective capabilities of the parent or guardian;

(c) any particular vulnerabilities of the child;

(d) any interventions required to protect the child; and

(e) the likelihood of future physical or psychological harm to the child.

(33) (a) "Sexual abuse" means the commission of sexual assault, sexual intercourse without consent, aggravated sexual intercourse without consent, indecent exposure, sexual abuse, ritual abuse of a minor, or incest, as described in Title 45, chapter 5.

(b) Sexual abuse does not include any necessary touching of an infant's or toddler's genital area while attending to the sanitary or health care needs of that infant or toddler by a parent or other person responsible for the child's welfare.

(34) "Sexual exploitation" means:

(a) allowing, permitting, or encouraging a child to engage in a prostitution offense, as described in 45-5-601 ;

(b) allowing, permitting, or encouraging sexual abuse of children as described in 45-5-625 ; or

(c) allowing, permitting, or encouraging sex trafficking as described in 45-5-702 , 45-5-705 , 45-5-706 , or 45-5-711 .

(35) "Special advocate" means a trained volunteer who is appointed as an officer of the court to advocate for the best interests of a child or a sibling group in the child welfare system pursuant to 41-3-112 .

(36) "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.

(37) "Therapeutic needs assessment" means an assessment performed by a qualified individual within 30 days of placement of a child in a therapeutic group home that:

(a) assesses the strengths and needs of the child using an age-appropriate, evidence-based, validated, functional assessment tool;

(b) determines whether the needs of the child can be met with family members or through placement in a youth foster home or, if not, which appropriate setting would provide the most effective and appropriate level of care for the child in the least restrictive environment and be consistent with the short-term and long-term goals for the child as specified in the child's permanency plan; and

(c) develops a list of child-specific short-term and long-term mental and behavioral health goals.

(38) "Treatment plan" means a written agreement between the department and the parent or guardian or a court order that includes action that must be taken to resolve the condition or conduct of the parent or guardian that resulted in the need for protective services for the child. The treatment plan may involve court services, the department, and other parties, if necessary, for protective services.

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

(40) "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.

(41) (a) "Withholding of medically indicated treatment" means the failure to respond to an infant's life-threatening conditions by providing treatment, including appropriate nutrition, hydration, and medication, that, in the treating physician's or physicians' reasonable medical judgment, will be most likely to be effective in ameliorating or correcting the conditions.

(b) The term does not include the failure to provide treatment, other than appropriate nutrition, hydration, or medication, to an infant when, in the treating physician's or physicians' reasonable medical judgment:

(i) the infant is chronically and irreversibly comatose;

(ii) the provision of treatment would:

(A) merely prolong dying;

(B) not be effective in ameliorating or correcting all of the infant's life-threatening conditions; or

(C) otherwise be futile in terms of the survival of the infant; or

(iii) the provision of treatment would be virtually futile in terms of the survival of the infant and the treatment itself under the circumstances would be inhumane. For purposes of this subsection (41), "infant" means an infant less than 1 year of age or an infant 1 year of age or older who has been continuously hospitalized since birth, who was born extremely prematurely, or who has a long-term disability. The reference to less than 1 year of age may not be construed to imply that treatment should be changed or discontinued when an infant reaches 1 year of age or to affect or limit any existing protections available under state laws regarding medical neglect of children 1 year of age or older.

(42) "Youth in need of care" means a youth who has been adjudicated or determined, after a hearing, to be or to have been abused, neglected, or abandoned.
Mont. Code Ann. § 41-5-355 — MT Code / Title 41 / Chapter 5 / Part 3 / Section 41-5-355
41-5-355 Confinement of juveniles
Status: in_force

41-5-355 . Confinement of juveniles. (1) The department shall determine the capacity of correctional facilities.

(2) The department may place delinquent youth committed to a correctional facility or criminally convicted youth based on the needs of the youth.

(3) The department may enter into contracts with the federal government, other states, local governments, public or private corporations, and other entities that have suitable facilities for confining delinquent youth or criminally convicted youth committed to the department.
Mont. Code Ann. § 41-3-429 — MT Code / Title 41 / Chapter 3 / Part 4 / Section 41-3-429
41-3-429 Service by publication -- summons -- form
Status: in_force

41-3-429 . Service by publication -- summons -- form. (1) Before service by publication is authorized in a proceeding under this chapter, the department shall file with the court an affidavit stating that, after due diligence, the person cannot be identified or found and stating the diligent efforts made to identify, locate, and serve the person. The affidavit is sufficient evidence of the diligence of any inquiry made by the department. The affidavit may be combined with any other affidavit filed by the department. Upon complying with this subsection, the department may obtain an order for the service to be made upon the party by publication. The order may be issued by either the judge or the clerk of the court.

(2) Service by publication must be made by publishing notice three times, once each week for 3 successive weeks:

(a) in a newspaper in a community in which the publication can reasonably be calculated to be seen by the person, based upon the last-known address or whereabouts, if known, of the person if in the state of Montana; or

(b) if no last-known address exists, if the last-known address is outside Montana, or if the identity of the person is unknown, in a newspaper in the county in which the action is pending, if a newspaper is published in the county, and, if a newspaper is not published in the county, in a newspaper published in an adjoining county and having a general circulation in the county.

(3) Service by publication is complete on the date of the last publication required by subsection (2).

(4) A summons required under this chapter must:

(a) be directed to the parent, legal guardian, other person having legal custody of the child, or any other person who is required to be served; and

(b) be signed by the clerk of court, be under the seal of the court, and contain:

(i) the name of the court and the cause number;

(ii) the initials of the child who is the subject of the proceedings;

(iii) the name of the child's parents, if known;

(iv) the time within which an interested person shall appear;

(v) the department's address;

(vi) a statement in general terms of the nature of the proceedings, including the date and place of birth of the child, the date and place of the hearing, and the phone number of the clerk of the court in which the hearing is scheduled; and

(vii) notification apprising the person served by publication that failure to appear at the hearing will constitute a denial of interest in the child, which denial may result, without further notice of this proceeding or any subsequent proceeding, in judgment by default being entered for the relief requested in the petition.
Mont. Code Ann. § 41-5-1504 — MT Code / Title 41 / Chapter 5 / Part 15 / Section 41-5-1504
41-5-1504 Finding of suffering from mental disorder and meeting other criteria -- rights -- limitation on placement
Status: in_force

41-5-1504 . Finding of suffering from mental disorder and meeting other criteria -- rights -- limitation on placement. (1) A youth who is found to be suffering from a mental disorder, as defined in 53-21-102 , and who meets the criteria in 53-21-126 (1) is entitled to all rights provided by 53-21-114 through 53-21-119 .

(2) A youth who, prior to placement or sentencing, is found to be suffering from a mental disorder, as defined in 53-21-102 , and who meets the criteria in 53-21-126 (1) may not be committed or sentenced to a correctional facility.

(3) (a) A youth who is found to be suffering from a mental disorder, as defined in 53-21-102 , and who meets the criteria in 53-21-126 (1), after placement in or sentencing to a correctional facility must be moved to a more appropriate placement in response to the youth's mental health needs and consistent with the disposition alternatives available in 53-21-127 .

(b) (i) If before removing the youth from the facility the department determines that it will request funds for the youth's placement from the cost containment pool as provided for in 41-5-132 , the department may ask the cost containment review panel to make recommendations to the department about the most appropriate placement for the youth. The department shall provide the cost containment review panel with sufficient information about the youth to allow the panel to make its recommendations, and the department shall consider the panel's recommendations before making its placement decision.

(ii) The department may request at any time from the cost containment review panel recommendations regarding the youth's placement.

(iii) The cost containment review panel shall establish protocols for making recommendations to the department under this section.