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:

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Terms Used In Montana Code 41-5-121

  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
  • Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.

(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.