41-5-2005. Judicial districts participating in juvenile delinquency intervention program -- youth placement committee to submit recommendation to department -- acceptance or rejection of recommendation by department. (1) Prior to commitment of a youth to the custody of the youth court or to the department pursuant to 41-5-1512 or 41-5-1513, a youth placement committee must be convened. The committee shall submit in writing to the youth court judge its primary and alternative recommendations for placement of the youth.
     (2) The committee shall first consider placement of the youth in a community-based facility or program and shall give priority to placement of the youth in a facility or program located in the state of Montana.
     (3) If in-state alternatives for placement of the youth are inappropriate, the committee may recommend an out-of-state placement. The committee shall state in its recommendation the reasons why in-state services are not appropriate.
     (4) The primary and alternative recommendations of the youth placement committee must be for similar facilities or programs. The youth court may require a youth placement committee to reevaluate a youth if the recommended placements are dissimilar.
     (5) If the youth court rejects both of the committee's recommendations, it shall promptly notify the committee in writing of the reasons for rejecting the recommendations and shall make an appropriate placement for the youth.
     (6) The youth court may not order a placement or change of placement that results in a deficit in the account established for that district under 41-5-130 without approval from the cost containment review panel.
     (7) The youth court shall evaluate the cost of the placement or change of placement and ensure that the placement or change of placement will not overspend the budget allocation provided by the department under 41-5-130.
     (8) This section applies only to those judicial districts that elect to participate in the juvenile delinquency intervention program administered by the department.

     History: En. Sec. 16, Ch. 587, L. 2001.