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

Have a question?
Click here to chat with a criminal defense lawyer and protect your rights.

Terms Used In Montana Code 41-5-102

  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.

(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.