41-5-121. Youth placement committees -- composition. (1) In each judicial district, the department shall establish a youth placement committee for the purposes of:
     (a) recommending an appropriate placement of a youth referred to the department under 41-5-1512 and 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 custody of the department under 41-5-1512 or 41-5-1513. However, the committee may not substitute its judgment for that of the superintendent of a state youth correctional facility regarding the discharge of a youth from the facility.
     (2) 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. Members may include:
     (a) two representatives of the department;
     (b) a representative of the department of public health and human services;
     (c) either the chief probation officer or the youth's probation officer;
     (d) a mental health professional;
     (e) a representative of a school district located within the boundaries of the judicial district who must have personal knowledge of and experience with the youth;
     (f) if an Indian child or children are involved, someone, preferably an Indian person, knowledgeable about Indian culture and family matters;
     (g) a parent or guardian; and
     (h) a youth services provider.
     (3) Committee members serve without compensation.
     (4) Notwithstanding the provisions of 41-5-123, the committee may be convened by the department or the probation officer of the youth court.
     (5) 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 person who convened the committee 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. , MCA 1995; redes. by Sec. 47, Ch. 286, L. 1997; amd. Sec. 2, Ch. 532, L. 1999.