41-5-121. Youth placement committees -- composition. (1) In each judicial district, the youth court and the department shall establish a youth placement committee for the purposes of:
     (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 the department under 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 or the placement of a youth on parole under the department's jurisdiction.
     (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 must include:
     (i) a juvenile parole officer employed by 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; and
     (v) if an Indian youth is involved, a person, preferably an Indian, knowledgeable about Indian culture and Indian family matters.
     (c) The committee may include:
     (i) a representative of a school district located within the boundaries of the judicial district who has knowledge of and experience with youth;
     (ii) the youth's parent or guardian;
     (iii) a youth services provider; and
     (iv) the youth's juvenile probation officer.
     (3) The youth court judge shall appoint all members of the youth placement committee except the juvenile parole officer. The director of the department shall appoint the juvenile parole officer and shall, when making the appointment, take into consideration:
     (a) the juvenile parole officer's qualifications;
     (b) the costs involved in the juvenile parole officer's attendance at youth placement committee meetings; and
     (c) the location of the juvenile parole officer's home in relation to the location of the youth placement committee.
     (4) Committee members serve without compensation.
     (5) The committee may be convened by request of the department to the presiding officer or 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 person who convened the committee shall inform the school district of the final placement decision for the youth.
     (7) The department may not charge expenditures to the judicial district allocations established pursuant to 41-5-130 unless the youth court and the department have established a youth placement committee as provided in this section.

     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. 41-5-525, MCA 1995; redes. 41-5-121 by Sec. 47, Ch. 286, L. 1997; amd. Sec. 2, Ch. 532, L. 1999; amd. Sec. 2, Ch. 587, L. 2001; amd. Sec. 1, Ch. 266, L. 2003; amd. Sec. 4, Ch. 398, L. 2007.