41-5-321. Taking into custody. (1) A youth may be taken into custody under the following circumstances:
     (a) by a law enforcement officer pursuant to a lawful order or process of any court;
     (b) by a law enforcement officer pursuant to a lawful arrest for violation of the law;
     (c) by a law enforcement officer, agent of the department, county attorney, or a person or physician treating a youth when there is reason to believe the youth is a youth in need of care and that the residence of the youth or the custody by the person legally responsible for the youth presents an imminent danger to the life or health of the youth;
     (d) by a juvenile home arrest officer or an officer listed in subsections (1)(a) through (1)(c) if a youth placed under a home arrest program has violated a condition of the placement and the home arrest officer or law enforcement officer has direct knowledge of the violation or a juvenile probation officer has provided the juvenile home arrest officer notice of a violation.
     (2) The taking of a youth into custody is not an arrest except for the purpose of determining the validity of the taking under the constitution of Montana or the United States.

     History: En. 10-1211 by Sec. 11, Ch. 329, L. 1974; R.C.M. 1947, 10-1211; MCA 1981, ; redes. by Sec. 31(4), Ch. 465, L. 1983; Sec. , MCA 1989; redes. by Sec. 15, Ch. 547, L. 1991; Sec. , MCA 1995; redes. by Sec. 47, Ch. 286, L. 1997; amd. Sec. 2, Ch. 326, L. 1999.