reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 41. Minors › Chapter 3. Child Abuse and Neglect › Part 11. Youth Residential Services (Renumbered and Repealed) › 41-3-1151. Renumbered 52-2-627

41-3-1151. Renumbered 52-2-627.
Sec. 17(3)(d), Ch. 281, L. 2001.
2023 Montana Code Annotated › Title 41. Minors › Chapter 3. Child Abuse and Neglect › Part 11. Youth Residential Services (Renumbered and Repealed) › 41-3-1152. Renumbered 52-2-628

41-3-1152. Renumbered 52-2-628.
Sec. 17(3)(d), Ch. 281, L. 2001.
2023 Montana Code Annotated › Title 41. Minors › Chapter 3. Child Abuse and Neglect › Part 11. Youth Residential Services (Renumbered and Repealed) › 41-3-1160. Renumbered 41-3-118

41-3-1160. Renumbered 41-3-118.
Sec. 17(3)(a), Ch. 281, L. 2001.
2023 Montana Code Annotated › Title 41. Minors › Chapter 3. Child Abuse and Neglect › Part 11. Youth Residential Services (Renumbered and Repealed) › 41-3-1161. Renumbered 41-3-119

41-3-1161. Renumbered 41-3-119.
Sec. 17(3)(a), Ch. 281, L. 2001.
2023 Montana Code Annotated › Title 41. Minors › Chapter 3. Child Abuse and Neglect › Part 12. Office of Child and Family Ombudsman › 41-3-1201. Terminated

41-3-1201. Terminated.
Sec. 12, Ch. 333, L. 2013.
History: En. Sec. 1, Ch. 333, L. 2013.
2023 Montana Code Annotated › Title 41. Minors › Chapter 3. Child Abuse and Neglect › Part 12. Office of Child and Family Ombudsman › 41-3-1202. Terminated

41-3-1202. Terminated.
Sec. 12, Ch. 333, L. 2013.
History: En. Sec. 2, Ch. 333, L. 2013.
2023 Montana Code Annotated › Title 41. Minors › Chapter 3. Child Abuse and Neglect › Part 12. Office of Child and Family Ombudsman › 41-3-1203. Terminated

41-3-1203. Terminated.
Sec. 12, Ch. 333, L. 2013.
History: En. Sec. 3, Ch. 333, L. 2013.
2023 Montana Code Annotated › Title 41. Minors › Chapter 3. Child Abuse and Neglect › Part 12. Office of Child and Family Ombudsman › 41-3-1204. Terminated

41-3-1204. Terminated.
Sec. 12, Ch. 333, L. 2013.
History: En. Sec. 4, Ch. 333, L. 2013.
2023 Montana Code Annotated › Title 41. Minors › Chapter 3. Child Abuse and Neglect › Part 12. Office of Child and Family Ombudsman › 41-3-1205. Terminated

41-3-1205. Terminated.
Sec. 12, Ch. 333, L. 2013.
History: En. Sec. 5, Ch. 333, L. 2013.
2023 Montana Code Annotated › Title 41. Minors › Chapter 3. Child Abuse and Neglect › Part 12. Office of Child and Family Ombudsman › 41-3-1206. Terminated

41-3-1206. Terminated.
Sec. 12, Ch. 333, L. 2013.
History: En. Sec. 6, Ch. 333, L. 2013.
2023 Montana Code Annotated › Title 41. Minors › Chapter 3. Child Abuse and Neglect › Part 12. Office of Child and Family Ombudsman › 41-3-1207. Terminated

41-3-1207. Terminated.
Sec. 12, Ch. 333, L. 2013.
History: En. Sec. 7, Ch. 333, L. 2013.
2023 Montana Code Annotated › Title 41. Minors › Chapter 3. Child Abuse and Neglect › Part 12. Office of Child and Family Ombudsman › 41-3-1208. Office of child and family ombudsman established

41-3-1208. Office of child and family ombudsman established.
(1) There is an office of the child and family ombudsman within the department of justice provided for in 2-15-2001.
(2) The attorney general shall appoint a person who is a resident of this state and is qualified by training and experience to perform the duties of the ombudsman.
History: En. Sec. 1, Ch. 354, L. 2015.
2023 Montana Code Annotated › Title 41. Minors › Chapter 3. Child Abuse and Neglect › Part 12. Office of Child and Family Ombudsman › 41-3-1209. Purpose and intent

41-3-1209. Purpose and intent.
The legislature finds that an independent, impartial, and confidential ombudsman serves:
(1) to protect the interests and rights of Montana's children and families; and
(2) to strengthen child and family services by working in consultation with the department and with appropriate county attorneys in cases under review.
History: En. Sec. 2, Ch. 354, L. 2015; amd. Sec. 2, Ch. 549, L. 2021.
2023 Montana Code Annotated › Title 41. Minors › Chapter 3. Child Abuse and Neglect › Part 12. Office of Child and Family Ombudsman › 41-3-1210. Definitions

41-3-1210. Definitions.
For the purposes of this part, the following definitions apply:
(1) "Administrative act" means a department action, omission, decision, rule, interpretation, recommendation, policy, practice, or procedure relating to child and family services.
(2) "Child and family services" means services provided by the department under this chapter.
(3) "Ombudsman" means the person holding the position of the child and family ombudsman.
(4) "Request for assistance" means a request by a person asking the ombudsman for assistance in protecting the rights or interests of a child or family in this state.
History: En. Sec. 3, Ch. 354, L. 2015.
2023 Montana Code Annotated › Title 41. Minors › Chapter 3. Child Abuse and Neglect › Part 12. Office of Child and Family Ombudsman › 41-3-1211. Powers and duties

41-3-1211. Powers and duties.
The powers and duties of the ombudsman are:
(1) to respond to requests for assistance regarding administrative acts and to investigate administrative acts;
(2) to investigate circumstances surrounding reports that are provided to the ombudsman pursuant to 41-3-209;
(3) to inspect, copy, or subpoena records as needed to perform the ombudsman's duties under this part;
(4) to take appropriate steps to ensure that persons are made aware of the purpose, services, and procedures of the ombudsman and how to contact the ombudsman;
(5) to share relevant findings related to an investigation, subject to disclosure restrictions and confidentiality requirements, with individuals or entities legally authorized to receive, inspect, or investigate reports of child abuse or neglect;
(6) based on the investigations conducted, to provide oversight of the department's systems and policies for handling abuse and neglect cases;
(7) to periodically review department procedures and promote best practices and effective programs by working in consultation with the department to improve procedures, practices, and programs;
(8) to undertake, participate in, and consult with persons and the department in activities, including but not limited to conferences, inquiries, panels, meetings, or studies, that serve to improve the manner in which the department functions;
(9) to provide education on the legal rights of children;
(10) to apply for and accept grants, gifts, contributions, and bequests of funds for the purpose of carrying out the ombudsman's responsibilities; and
(11) to report annually to the attorney general and the children, families, health, and human services interim committee in accordance with 5-11-210. The report must be public and may contain recommendations from the ombudsman regarding systemic improvements for the department.
History: En. Sec. 4, Ch. 354, L. 2015; amd. Sec. 73, Ch. 261, L. 2021; amd. Sec. 2, Ch. 411, L. 2021; amd. Sec. 3, Ch. 549, L. 2021.
2023 Montana Code Annotated › Title 41. Minors › Chapter 3. Child Abuse and Neglect › Part 12. Office of Child and Family Ombudsman › 41-3-1212. Investigations -- discretion -- procedure

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.
History: En. Sec. 5, Ch. 354, L. 2015; amd. Sec. 3, Ch. 411, L. 2021; amd. Sec. 4, Ch. 549, L. 2021.
2023 Montana Code Annotated › Title 41. Minors › Chapter 3. Child Abuse and Neglect › Part 12. Office of Child and Family Ombudsman › 41-3-1213. Privilege

41-3-1213. Privilege.
The ombudsman may not be compelled to testify or produce evidence in any judicial or administrative proceeding with respect to any matter involving the exercise of the ombudsman's official duties, except as necessary to enforce the provisions of this part.
History: En. Sec. 6, Ch. 354, L. 2015.
2023 Montana Code Annotated › Title 41. Minors › Chapter 3. Child Abuse and Neglect › Part 12. Office of Child and Family Ombudsman › 41-3-1214. Legislator access to ombudsman records

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.
History: En. Sec. 1, Ch. 388, L. 2021; amd. Sec. 2, Ch. 651, L. 2023.
2023 Montana Code Annotated › Title 41. Minors › Chapter 3. Child Abuse and Neglect › Part 12. Office of Child and Family Ombudsman › 41-3-1215. Systemic oversight of child protective services activities

41-3-1215. Systemic oversight of child protective services activities.
(1) The office of child and family ombudsman shall provide oversight of the child protective services provided by the department to identify and report on trends in the handling of the cases and make recommendations on ways to improve the child protective services system.
(2) The office shall analyze information received, reviewed, and compiled by the ombudsman, including but not limited to:
(a) the reports provided pursuant to 41-3-209;
(b) the requests for assistance received by the office;
(c) policies and procedures used by the department in responding to and investigating reports of child abuse and neglect;
(d) findings relating to ombudsman investigations; and
(e) best practices for the handling of child abuse and neglect cases and the degree to which the department is using those practices.
(3) Based on the analysis, the ombudsman shall provide systemic and trend recommendations twice each calendar year to the department. The department shall respond to the recommendations within 60 days of receiving the report unless the department has requested in writing and received an extension of the deadline for response. The response must include a description of how it will implement the recommendations or justification as to why the department is not implementing the recommendations at that time.
(4) If the department fails to respond to the recommendations as required or provides justification as to why it is not implementing the recommendations, the ombudsman shall send the report to the governor, the director of the department, and the children, families, health, and human services interim committee.
(5) The ombudsman may carry out the oversight duties provided for in this section independently or in conjunction with other governmental bodies or nongovernmental research organizations, consistent with the disclosure and confidentiality provisions of 41-3-1211(5).
History: En. Sec. 1, Ch. 549, L. 2021.
2023 Montana Code Annotated › Title 41. Minors › Chapter 3. Child Abuse and Neglect › Part 13. Montana Indian Child Welfare Act › 41-3-1301. Short title

41-3-1301. (Temporary) Short title.
This part may be cited as the "Montana Indian Child Welfare Act". (Terminates June 30, 2025--sec. 55, Ch. 716, L. 2023.)
History: En. Sec. 1, Ch. 716, L. 2023.
2023 Montana Code Annotated › Title 41. Minors › Chapter 3. Child Abuse and Neglect › Part 13. Montana Indian Child Welfare Act › 41-3-1302. Legislative findings -- purpose

41-3-1302. (Temporary) Legislative findings -- purpose.
(1) The legislature recognizes that in possibly no other area of concurrent tribal and state law is it more important that tribal sovereignty be respected than in an area as socially and culturally determinative as family relationships. The legislature finds that the state is committed to protecting the essential tribal relations and best interests of Indian children by promoting practices designed to prevent out-of-home placement of Indian children that is inconsistent with the rights of the parents, the health, safety, or welfare of the child, or the interests of the child's tribe.
(2) The legislature further finds that when placement away from the parent or Indian custodian is necessary for the Indian child's safety, the state is committed to a placement that reflects and honors the unique values of the Indian child's tribal culture and is best able to assist the Indian child in establishing, developing, and maintaining a political, cultural, social, and spiritual relationship with the Indian child's tribe and tribal community. (Terminates June 30, 2025--sec. 55, Ch. 716, L. 2023.)
History: En. Sec. 2, Ch. 716, L. 2023.
2023 Montana Code Annotated › Title 41. Minors › Chapter 3. Child Abuse and Neglect › Part 13. Montana Indian Child Welfare Act › 41-3-1307. Determination of Indian tribe

41-3-1307. (Temporary) Determination of Indian tribe.
(1) If the Indian child is a member of or eligible for membership in only one tribe, that tribe must be designated as the Indian child's tribe.
(2) If the Indian child meets the definition of Indian child through more than one tribe, deference must be given to the tribe in which the Indian child is already a member, unless otherwise agreed to by the tribes.
(3) (a) If the Indian child meets the definition of Indian child through more than one tribe because the child is a member in more than one tribe or the child is not a member of but is eligible for membership in more than one tribe, the court shall provide the opportunity in any involuntary child custody proceeding for the tribes to determine which tribe should be designated as the Indian child's tribe.
(b) If the tribes are able to reach an agreement, the court shall designate the agreed-on tribe as the Indian child's tribe.
(c) If the tribes are unable to reach an agreement, for the purposes of this part the court shall designate as the child's tribe the tribe with which the child has the more significant contacts as the Indian child's tribe. In making the designation, the court shall consider:
(i) the preference of the parents for membership of the child;
(ii) the length of the child's past residence or domicile on or near the reservation of each tribe;
(iii) the tribal membership of the child's custodial parent or Indian custodian;
(iv) the interest asserted by each tribe in the child custody proceeding;
(v) whether there has been a previous adjudication with respect to the child by a court of one of the tribes; and
(vi) self-identification by the child, if the child is of sufficient age and capacity to meaningfully self-identify with a tribe.
(4) A determination of the Indian child's tribe for the purposes of this part does not constitute a determination for any other purpose. (Terminates June 30, 2025--sec. 55, Ch. 716, L. 2023.)
History: En. Sec. 5, Ch. 716, L. 2023.
2023 Montana Code Annotated › Title 41. Minors › Chapter 3. Child Abuse and Neglect › Part 13. Montana Indian Child Welfare Act › 41-3-1312. Full faith and credit

41-3-1312. (Temporary) Full faith and credit.
The state shall give full faith and credit to the public acts, records, judicial proceedings, and judgments of any Indian tribe that are applicable to Indian child custody proceedings. (Terminates June 30, 2025--sec. 55, Ch. 716, L. 2023.)
History: En. Sec. 8, Ch. 716, L. 2023.
2023 Montana Code Annotated › Title 41. Minors › Chapter 3. Child Abuse and Neglect › Part 13. Montana Indian Child Welfare Act › 41-3-1316. Right to counsel

41-3-1316. (Temporary) 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. (Terminates June 30, 2025--sec. 55, Ch. 716, L. 2023.)
History: En. Sec. 9, Ch. 716, L. 2023.
2023 Montana Code Annotated › Title 41. Minors › Chapter 3. Child Abuse and Neglect › Part 13. Montana Indian Child Welfare Act › 41-3-1317. Right of access to evidence

41-3-1317. (Temporary) Right of access to evidence.
Each party to a child custody proceeding involving an Indian child has the right to examine all reports or other documents filed with the court on which any decision with respect to the proceeding may be based. (Terminates June 30, 2025--sec. 55, Ch. 716, L. 2023.)
History: En. Sec. 10, Ch. 716, L. 2023.
2023 Montana Code Annotated › Title 41. Minors › Chapter 3. Child Abuse and Neglect › Part 13. Montana Indian Child Welfare Act › 41-3-1318. Qualified expert witness -- requirements -- prohibitions

41-3-1318. (Temporary) Qualified expert witness -- requirements -- prohibitions.
(1) A qualified expert witness is an individual who provides testimony in a child custody proceeding under this part. The purpose of the testimony is to assist a court in determining whether the continued custody of the child by or the return of the child to the parent or Indian custodian is likely to result in serious emotional or physical damage to the child. The parties may not waive the requirement for the qualified expert witness testimony.
(2) The petitioning party shall consult with the Indian child's tribe on the selection of the qualified expert witness, including asking whether the tribe has a list of preferred qualified expert witnesses. To the extent possible, the petitioning party shall use an individual preferred by the tribe.
(3) A qualified expert witness must be qualified to testify regarding whether the child's continued custody by the parent or Indian custodian is likely to result in serious emotional or physical damage to the child and must be qualified to testify as to the prevailing social and cultural standards of the Indian child's tribe.
(4) (a) If the petitioner is the department, the child protection specialist assigned to the case and the child protection specialist's supervisor may not testify as qualified expert witnesses in the case.
(b) Nothing in this subsection (4) may be construed as barring:
(i) the child protection specialist or the child protection specialist's supervisor from testifying as an expert witness for other purposes in a proceeding under this part; or
(ii) the petitioner or another party in a proceeding under this part from providing additional witnesses or expert testimony, subject to the approval of the court, on any issue before the court, including the determination of whether the continued custody of the Indian child by or return of the Indian child to the parent, parents, or Indian custodian is likely to result in serious emotional or physical damage to the Indian child. (Terminates June 30, 2025--sec. 55, Ch. 716, L. 2023.)
History: En. Sec. 11, Ch. 716, L. 2023.
2023 Montana Code Annotated › Title 41. Minors › Chapter 3. Child Abuse and Neglect › Part 13. Montana Indian Child Welfare Act › 41-3-1320. Evidentiary requirements

41-3-1320. (Temporary) Evidentiary requirements.
(1) A court may not order a foster care placement of an Indian child unless:
(a) the petitioning party has provided clear and convincing evidence that active efforts were made to provide remedial services and rehabilitative programs to prevent the breakup of an Indian family and that the efforts were unsuccessful; and
(b) clear and convincing evidence is presented, including the testimony of one or more qualified expert witnesses, to demonstrate that continued custody by the child's parent or Indian custodian is likely to result in serious emotional or physical damage to the child.
(2) The court may not terminate parental rights of the parents of an Indian child unless evidence beyond a reasonable doubt is presented that:
(a) active efforts were made to prevent the breakup of the Indian family and the efforts were unsuccessful; and
(b) continued custody of the child by the child's parent or Indian custodian is likely to result in serious emotional or physical damage to the child. The evidence must include testimony of one or more qualified expert witnesses.
(3) (a) Evidence required under this section must show a causal relationship between the specific conditions in the home and the likelihood that continued custody of the child will result in serious emotional or physical damage to the child who is the subject of the child custody proceeding.
(b) Evidence showing only the existence of community or family poverty, isolation, single parenthood, custodian age, crowded or inadequate housing, substance abuse, or nonconforming social behavior does not by itself constitute clear and convincing evidence or evidence beyond a reasonable doubt that continued custody is likely to result in serious emotional or physical damage to the child. (Terminates June 30, 2025--sec. 55, Ch. 716, L. 2023.)
History: En. Sec. 13, Ch. 716, L. 2023.
2023 Montana Code Annotated › Title 41. Minors › Chapter 3. Child Abuse and Neglect › Part 13. Montana Indian Child Welfare Act › 41-3-1326. Consent

41-3-1326. (Temporary) Consent.
(1) At an involuntary foster care placement hearing, a stipulation or consent by the parent or Indian custodian is not valid unless the court certifies on the record that the terms and consequences of the stipulation or consent were fully explained in detail and were fully understood by the parent or Indian custodian. The court shall certify on the record that the parent or Indian custodian fully understood the explanation in English or that the explanation was translated into a language that the parent or Indian custodian understood.
(2) In a voluntary proceeding for foster care placement or termination of parental rights, consent by a parent or Indian custodian is not valid unless the consent is:
(a) executed in writing and recorded before a judge of a court of competent jurisdiction; and
(b) accompanied by the judge's written certificate that:
(i) the terms and consequences of the consent were fully explained in detail and were fully understood by the parent or Indian custodian; and
(ii) the parent or Indian custodian fully understood the explanation in English or that the explanation was translated into a language that the parent or Indian custodian understood.
(3) Voluntary consent for release of custody given prior to or within 10 days after the birth of an Indian child may not be considered valid.
(4) An Indian child's parent or Indian custodian may withdraw consent to a voluntary foster care placement at any time. On withdrawal of consent, the Indian child must be returned to the parent or Indian custodian.
(5) In a voluntary proceeding for termination of parental rights to or adoptive placement of an Indian child, the consent of the parent may be withdrawn for any reason at any time prior to the entry of an order terminating parental rights or a final decree of adoption, and the Indian child must be returned to the parent.
(6) (a) After the entry of a final decree of adoption of an Indian child, the parent may withdraw consent to the adoption on the grounds that consent was obtained through fraud or duress. On a finding that consent was obtained through fraud or duress, the court shall vacate the decree and return the Indian child to the parent.
(b) An adoption that has been effective for at least 2 years may not be invalidated under this section unless otherwise allowed by law. (Terminates June 30, 2025--sec. 55, Ch. 716, L. 2023.)
History: En. Sec. 15, Ch. 716, L. 2023.
2023 Montana Code Annotated › Title 41. Minors › Chapter 3. Child Abuse and Neglect › Part 13. Montana Indian Child Welfare Act › 41-3-1327. Improper removal of Indian child

41-3-1327. (Temporary) Improper removal of Indian child.
If a petitioner in a child custody proceeding under this part has improperly removed an Indian child from the custody of the parent or Indian custodian or has improperly retained custody after a visit or other temporary relinquishment of custody, the court shall decline jurisdiction over the petition and shall immediately return the Indian child to the parent or Indian custodian unless returning the Indian child to the parent or Indian custodian would subject the Indian child to substantial and immediate danger or threat of substantial or immediate danger. (Terminates June 30, 2025--sec. 55, Ch. 716, L. 2023.)
History: En. Sec. 16, Ch. 716, L. 2023.
2023 Montana Code Annotated › Title 41. Minors › Chapter 3. Child Abuse and Neglect › Part 13. Montana Indian Child Welfare Act › 41-3-1328. Removal of Indian child from adoptive or foster care placement

41-3-1328. (Temporary) 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. (Terminates June 30, 2025--sec. 55, Ch. 716, L. 2023.)
History: En. Sec. 17, Ch. 716, L. 2023.
2023 Montana Code Annotated › Title 41. Minors › Chapter 4. Interstate Placement of Children › Part 1. Text of Compact › 41-4-102. Financial responsibility

41-4-102. Financial responsibility.
Financial responsibility for any child placed pursuant to the provisions of the Interstate Compact on the Placement of Children must be determined in accordance with the provisions of Article V of that compact in the first instance. However, in the event of partial or complete default of performance under the compact, the provisions of Title 40, chapter 5, part 10 (Uniform Interstate Family Support Act), 41-3-446, and 52-2-611 also may be invoked.
History: En. 10-1402 by Sec. 1, Ch. 376, L. 1975; R.C.M. 1947, 10-1402; amd. Sec. 18, Ch. 543, L. 1979; amd. Sec. 31, Ch. 465, L. 1983; amd. Sec. 9, Ch. 696, L. 1991; amd. Sec. 190, Ch. 42, L. 1997; amd. Sec. 14, Ch. 516, L. 1997.
2023 Montana Code Annotated › Title 41. Minors › Chapter 4. Interstate Placement of Children › Part 1. Text of Compact › 41-4-103. Appropriate public authorities defined

41-4-103. Appropriate public authorities defined.
The "appropriate public authorities" as used in Article III of the Interstate Compact on the Placement of Children, with reference to this state, means the department of public health and human services, and the department shall receive and act with reference to notices required by Article III.
History: En. 10-1403 by Sec. 1, Ch. 376, L. 1975; R.C.M. 1947, 10-1403; amd. Sec. 11, Ch. 609, L. 1987; amd. Sec. 189, Ch. 546, L. 1995.
2023 Montana Code Annotated › Title 41. Minors › Chapter 4. Interstate Placement of Children › Part 1. Text of Compact › 41-4-104. Appropriate authority in the receiving state

41-4-104. Appropriate authority in the receiving state.
As used in Article V(1) of the Interstate Compact on the Placement of Children, the phrase "appropriate authority in the receiving state", with reference to this state, means the department of public health and human services.
History: En. 10-1404 by Sec. 1, Ch. 376, L. 1975; R.C.M. 1947, 10-1404; amd. Sec. 11, Ch. 609, L. 1987; amd. Sec. 190, Ch. 546, L. 1995.
2023 Montana Code Annotated › Title 41. Minors › Chapter 4. Interstate Placement of Children › Part 1. Text of Compact › 41-4-105. Agreements

41-4-105. Agreements.
The officers and agencies of this state and its subdivisions having authority to place children are hereby empowered to enter into agreements with appropriate officers or agencies of or in other party states pursuant to Article V(2) of the Interstate Compact on the Placement of Children. Any such agreement which contains a financial commitment or imposes a financial obligation on this state or subdivision or agency thereof shall not be binding unless it has the approval in writing of the state treasurer in the case of the state and of the chief local fiscal officer in the case of a subdivision of the state.
History: En. 10-1405 by Sec. 1, Ch. 376, L. 1975; R.C.M. 1947, 10-1405.
2023 Montana Code Annotated › Title 41. Minors › Chapter 4. Interstate Placement of Children › Part 1. Text of Compact › 41-4-106. Requirements for visitation, inspection, and supervision

41-4-106. Requirements for visitation, inspection, and supervision.
Any requirements for visitation, inspection, or supervision of children, homes, institutions, or other agencies in another party state which may apply under 52-2-113, 52-2-621, and 52-2-622 are considered to be met if performed pursuant to an agreement entered into by appropriate officers or agencies of this state or a subdivision thereof as contemplated by Article V(2) of the Interstate Compact on the Placement of Children.
History: En. 10-1406 by Sec. 1, Ch. 376, L. 1975; R.C.M. 1947, 10-1406; amd. Sec. 31, Ch. 465, L. 1983.
2023 Montana Code Annotated › Title 41. Minors › Chapter 4. Interstate Placement of Children › Part 1. Text of Compact › 41-4-107. Certain laws not applicable

41-4-107. Certain laws not applicable.
The provisions of 52-2-114 shall not apply to placements made pursuant to the Interstate Compact on the Placement of Children.
History: En. 10-1407 by Sec. 1, Ch. 376, L. 1975; R.C.M. 1947, 10-1407.
2023 Montana Code Annotated › Title 41. Minors › Chapter 4. Interstate Placement of Children › Part 1. Text of Compact › 41-4-108. Court jurisdiction retained

41-4-108. Court jurisdiction retained.
Any court having jurisdiction to place delinquent children may place such a child in an institution of or in another state pursuant to Article VI of the Interstate Compact on the Placement of Children and shall retain jurisdiction as provided in Article V thereof.
History: En. 10-1408 by Sec. 1, Ch. 376, L. 1975; R.C.M. 1947, 10-1408.
2023 Montana Code Annotated › Title 41. Minors › Chapter 4. Interstate Placement of Children › Part 1. Text of Compact › 41-4-109. Executive head defined

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.
History: En. 10-1409 by Sec. 1, Ch. 376, L. 1975; R.C.M. 1947, 10-1409.
2023 Montana Code Annotated › Title 41. Minors › Chapter 5. Youth Court Act › Part 1. General › 41-5-101. Short title

41-5-101. Short title.
This chapter may be cited as the "Montana Youth Court Act".
History: En. 10-1201 by Sec. 1, Ch. 329, L. 1974; R.C.M. 1947, 10-1201.
2023 Montana Code Annotated › Title 41. Minors › Chapter 5. Youth Court Act › Part 1. General › 41-5-102. Declaration of purpose

41-5-102. Declaration of purpose.
The Montana Youth Court Act must be interpreted and construed to effectuate the following express legislative purposes:
(1) to preserve the unity and welfare of the family whenever possible and to provide for the care, protection, and wholesome mental and physical development of a youth coming within the provisions of the Montana Youth Court Act;
(2) to prevent and reduce youth delinquency through a system that does not seek retribution but that provides:
(a) immediate, consistent, enforceable, and avoidable consequences of youths' actions;
(b) a program of supervision, care, rehabilitation, detention, competency development, and community protection for youth before they become adult offenders;
(c) in appropriate cases, restitution as ordered by the youth court; and
(d) that, whenever removal from the home is necessary, the youth is entitled to maintain ethnic, cultural, or religious heritage whenever appropriate;
(3) to achieve the purposes of subsections (1) and (2) in a family environment whenever possible, separating the youth from the parents only when necessary for the welfare of the youth or for the safety and protection of the community;
(4) to provide judicial procedures in which the parties are ensured a fair, accurate hearing and recognition and enforcement of their constitutional and statutory rights.
History: En. 10-1202 by Sec. 2, Ch. 329, L. 1974; R.C.M. 1947, 10-1202; amd. Sec. 1, Ch. 246, L. 1979; amd. Sec. 3, Ch. 528, L. 1995; amd. Sec. 1, Ch. 537, L. 1999; amd. Sec. 1, Ch. 512, L. 2005.
2023 Montana Code Annotated › Title 41. Minors › Chapter 5. Youth Court Act › Part 1. General › 41-5-104. Repealed

41-5-104. Repealed.
Sec. 23, Ch. 398, L. 2007.
History: En. Sec. 30, Ch. 227, L. 1943; Sec. 10-631, R.C.M. 1947; redes. 10-1239 by Sec. 39, Ch. 329, L. 1974; R.C.M. 1947, 10-1239; amd. Sec. 1, Ch. 580, L. 1985.
2023 Montana Code Annotated › Title 41. Minors › Chapter 5. Youth Court Act › Part 1. General › 41-5-105. Youth court committee

41-5-105. Youth court committee.
In every county of the state, the judge having jurisdiction may appoint a committee, willing to act without compensation, composed of not less than three or more than seven reputable citizens, including youth representatives. The committee must be designated as a youth court committee. This committee shall meet subject to the call of the judge to confer with the judge on all matters pertaining to the youth department of the court, including the appointment of probation officers, and shall act as a supervisory committee of youth detention facilities.
History: En. Sec. 27, Ch. 227, L. 1943; amd. Sec. 1, Ch. 128, L. 1957; amd. Sec. 13, Ch. 262, L. 1969; Sec. 10-628, R.C.M. 1947; amd. and redes. 10-1240 by Sec. 40, Ch. 329, L. 1974; R.C.M. 1947, 10-1240; amd. Sec. 19, Ch. 799, L. 1991; amd. Sec. 1597, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 41. Minors › Chapter 5. Youth Court Act › Part 1. General › 41-5-106. Order of adjudication -- noncriminal

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.
History: En. 10-1235 by Sec. 35, Ch. 329, L. 1974; amd. Sec. 11, Ch. 571, L. 1977; R.C.M. 1947, 10-1235; amd. Sec. 55, Ch. 609, L. 1987; amd. Sec. 6, Ch. 339, L. 2021.
2023 Montana Code Annotated › Title 41. Minors › Chapter 5. Youth Court Act › Part 1. General › 41-5-110. Youth court hearings -- priority

41-5-110. Youth court hearings -- priority.
All hearings and other court appearances required under Title 41, chapter 5, must be given priority by the court and must be scheduled to be heard as expeditiously as possible.
History: En. Sec. 15, Ch. 515, L. 1987.
2023 Montana Code Annotated › Title 41. Minors › Chapter 5. Youth Court Act › Part 1. General › 41-5-111. Court costs and expenses

41-5-111. Court costs and expenses.
(1) Compensation for services and related expenses for counsel assigned for a party must be paid by the office of state public defender provided for in 2-15-1029.
(2) Expenses for service of summons, notices, subpoenas, fees, and traveling expenses of witnesses, and other witness-related expenses incurred in any proceeding under the Montana Youth Court Act must be paid as provided for in 26-2-506.
(3) Reasonable compensation of a guardian ad litem appointed by the court must be paid as provided for in 3-5-901.
(4) Costs for transcripts and printing briefs must be paid as provided for in 3-5-604.
History: En. 10-1226 by Sec. 26, Ch. 329, L. 1974; R.C.M. 1947, 10-1226; amd. Sec. 6, Ch. 363, L. 1983; amd. Sec. 1, Ch. 737, L. 1985; amd. Sec. 2, Ch. 11, Sp. L. June 1986; amd. Sec. 6, Ch. 14, Sp. L. June 1986; Sec. 41-5-207, MCA 1995; redes. 41-5-111 by Sec. 47, Ch. 286, L. 1997; amd. Sec. 5, Ch. 583, L. 2003; amd. Sec. 36, Ch. 449, L. 2005; amd. Sec. 10, Ch. 358, L. 2017.
2023 Montana Code Annotated › Title 41. Minors › Chapter 5. Youth Court Act › Part 1. General › 41-5-112. Repealed

41-5-112. Repealed.
Sec. 16, Ch. 506, L. 2023.
History: En. Sec. 6, Ch. 696, L. 1991; amd. Sec. 196, Ch. 546, L. 1995; amd. Secs. 40, 49(3)(f), Ch. 286, L. 1997; amd. Sec. 15, Ch. 516, L. 1997; Sec. 41-5-530, MCA 1995; redes. 41-5-112 by Sec. 47, Ch. 286, L. 1997; amd. Sec. 3, Ch. 398, L. 2007; amd. Sec. 2, Ch. 143, L. 2015.
2023 Montana Code Annotated › Title 41. Minors › Chapter 5. Youth Court Act › Part 1. General › 41-5-113. Restrictions on use of funds

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.
History: En. Sec. 1, Ch. 398, L. 2007.
2023 Montana Code Annotated › Title 41. Minors › Chapter 5. Youth Court Act › Part 1. General › 41-5-114. Certain costs, obligations, and fees prohibited -- report

41-5-114. Certain costs, obligations, and fees prohibited -- report.
(1) (a) A court, agency, assessment officer, or juvenile probation officer may not order a youth, the youth's parents, or the youth's guardian to pay:
(i) a contribution, including but not limited to a contribution for any part of the costs for adjudication, disposition, attorney fees for costs of prosecuting or defending the youth, costs of detention, supervision, care, custody, or necessary medical, dental, or health treatment; or
(ii) fines, except in the cases described in 41-5-203(2).
(b) A city, town, or county may not impose a legal financial obligation, fee, fine, or cost associated with a juvenile offense unless there is express statutory authority for the legal financial obligation, fee, fine, or cost.
(2) Nothing in this section may be construed to prohibit billing public and private insurance or coverage to provide services under the Montana Youth Court Act.
(3) (a) On October 1, 2023, all outstanding fees or costs owed by a youth, the youth's parents, or the youth's guardian are void and uncollectable, and any order requiring the payment of fees or costs is unenforceable.
(b) Within 6 months of October 1, 2023, the office of court administrator shall report to the criminal justice oversight council established in 53-1-216 the number of orders vacated or partially vacated in each judicial district pursuant to this section. The report must include the amount of the balances vacated in each judicial district.
History: En. Sec. 1, Ch. 506, L. 2023.
2023 Montana Code Annotated › Title 41. Minors › Chapter 5. Youth Court Act › Part 1. General › 41-5-121. Youth placement committees -- composition

41-5-121. Youth placement committees -- composition.
(1) In each judicial district, the youth court may establish a youth placement committee for the purposes of:
(a) recommending an appropriate placement of a youth committed to the youth court under 41-5-1512 or 41-5-1513 or committed to the department under 41-5-1513; or
(b) recommending available community services or alternative placements whenever a change is required in the placement of a youth who is currently in the legal custody of the youth court under 41-5-1512 or 41-5-1513 or a youth on conditional release.
(2) (a) The committee consists of not less than five members and must include persons who are knowledgeable about the youth, treatment and placement options, and other resources appropriate to address the needs of the youth.
(b) The committee may include:
(i) a representative of the department;
(ii) a representative of the department of public health and human services;
(iii) the chief juvenile probation officer or the chief juvenile probation officer's designee. The officer or the officer's designee is the presiding officer of the committee.
(iv) a mental health professional;
(v) if an Indian youth is involved, a person, preferably an Indian, knowledgeable about Indian culture and Indian family matters;
(vi) a representative of a school district located within the boundaries of the judicial district who has knowledge of and experience with youth;
(vii) the youth's parent or guardian;
(viii) a youth services provider; and
(ix) the youth's juvenile probation officer.
(3) The chief juvenile probation officer shall appoint all members of the youth placement committee.
(4) Committee members serve without compensation.
(5) The committee may be convened by the chief juvenile probation officer.
(6) If a representative of the school district within the boundaries of which the youth is recommended to be placed and will be attending school is not included on the committee, the chief juvenile probation officer shall inform the school district of the final placement decision for the youth.
History: En. Sec. 15, Ch. 609, L. 1987; amd. Sec. 2, Ch. 67, L. 1989; amd. Sec. 1, Ch. 403, L. 1995; amd. Sec. 38, Ch. 286, L. 1997; amd. Sec. 43, Ch. 550, L. 1997; Sec. 41-5-525, MCA 1995; redes. 41-5-121 by Sec. 47, Ch. 286, L. 1997; amd. Sec. 2, Ch. 532, L. 1999; amd. Sec. 2, Ch. 587, L. 2001; amd. Sec. 1, Ch. 266, L. 2003; amd. Sec. 4, Ch. 398, L. 2007; amd. Sec. 3, Ch. 143, L. 2015; amd. Sec. 5, Ch. 344, L. 2019.
2023 Montana Code Annotated › Title 41. Minors › Chapter 5. Youth Court Act › Part 1. General › 41-5-122. Duties of youth placement committee

41-5-122. Duties of youth placement committee.
A youth placement committee shall:
(1) review all information relevant to the placement of a youth;
(2) consider available resources appropriate to meet the needs of the youth;
(3) consider the treatment recommendations of any professional person who has evaluated the youth;
(4) consider options for the financial support of the youth;
(5) recommend in writing to the youth court judge or the department an appropriate placement for the youth, considering the age and treatment needs of the youth and the relative costs of care in facilities considered appropriate for placement. A committee shall consider placement in a licensed facility, at a correctional facility, or with a parent, other family member, or guardian.
(6) review temporary and emergency placements as required under 41-5-124; and
(7) conduct placement reviews at least every 6 months and at other times as requested by the youth court.
History: En. Sec. 16, Ch. 609, L. 1987; amd. Sec. 1, Ch. 399, L. 1989; amd. Sec. 2, Ch. 403, L. 1995; Sec. 41-5-526, MCA 1995; redes. 41-5-122 by Sec. 47, Ch. 286, L. 1997; amd. Sec. 3, Ch. 587, L. 2001; amd. Sec. 7, Ch. 339, L. 2021.
2023 Montana Code Annotated › Title 41. Minors › Chapter 5. Youth Court Act › Part 1. General › 41-5-123. Repealed

41-5-123. Repealed.
Sec. 23, Ch. 398, L. 2007.
History: En. Sec. 17, Ch. 609, L. 1987; amd. Sec. 2, Ch. 399, L. 1989; amd. Sec. 3, Ch. 403, L. 1995; amd. Sec. 39, Ch. 286, L. 1997; Sec. 41-5-527, MCA 1995; redes. 41-5-123 by Sec. 47, Ch. 286, L. 1997; amd. Sec. 4, Ch. 587, L. 2001.
2023 Montana Code Annotated › Title 41. Minors › Chapter 5. Youth Court Act › Part 1. General › 41-5-124. Temporary and emergency placements -- limit

41-5-124. Temporary and emergency placements -- limit.
A temporary placement of a youth in a shelter care facility for less than 45 days or an emergency placement of a youth in a youth care facility is exempt from review by the appropriate youth placement committee. If a temporary or emergency placement of a youth continues for 45 or more days, the youth court shall refer the placement of the youth to the appropriate youth placement committee for review if a committee has been established as provided for in 41-5-121. The committee shall make a recommendation for placement to the youth court.
History: En. Sec. 18, Ch. 609, L. 1987; Sec. 41-5-528, MCA 1995; redes. 41-5-124 by Sec. 47, Ch. 286, L. 1997; amd. Sec. 5, Ch. 587, L. 2001; amd. Sec. 5, Ch. 398, L. 2007; amd. Sec. 6, Ch. 344, L. 2019.
2023 Montana Code Annotated › Title 41. Minors › Chapter 5. Youth Court Act › Part 1. General › 41-5-125. Confidentiality of youth placement committee meetings and records

41-5-125. Confidentiality of youth placement committee meetings and records.
(1) Meetings of a youth placement committee are closed to the public to protect a youth's right to individual privacy.
(2) Information presented to the committee about a youth and committee records are confidential and subject to confidentiality requirements established by the court.
History: En. Sec. 19, Ch. 609, L. 1987; Sec. 41-5-529, MCA 1995; redes. 41-5-125 by Sec. 47, Ch. 286, L. 1997; amd. Sec. 7, Ch. 344, L. 2019.