Montana
| Code | Subject Matter |
| Code § 41-3-205 | Child Abuse and Neglect: Confidentiality -- disclosure exceptions |
| Code § 41-5-102 | Youth Court Act: Declaration of purpose |
| Code § 41-5-103 | Youth Court Act: Definitions |
| Code § 41-5-121 | Youth Court Act: Youth placement committees -- composition |
| Code § 41-5-122 | Youth Court Act: Duties of youth placement committee |
| Code § 41-5-215 | Youth Court Act: Youth court and department records -- notification of school |
| Code § 41-5-216 | Youth Court Act: Disposition of youth court, law enforcement, and department records |
| Code § 41-5-1201 | Youth Court Act: Preliminary inquiry -- referral of youth in need of care |
| Code § 41-5-1202 | Youth Court Act: Preliminary inquiry -- procedure -- youth assessment |
| Code § 41-5-1203 | Youth Court Act: Preliminary inquiry -- youth assessment |
| Code § 41-5-1204 | Youth Court Act: Preliminary inquiry -- determinations -- release |
| Code § 41-5-1205 | Youth Court Act: Preliminary inquiry -- dispositions available to probation officer |
| Code § 41-5-1206 | Youth Court Act: Investigation, fingerprints, and photographs |
| Code § 41-5-1207 | RESERVED |
| Code § 52-2-203 | Multiagency Children's Services: Cooperative agreement regarding children's services |
| Code § 52-2-211 | Multiagency Children's Services: County interdisciplinary child information team |
| Code § 52-2-301 | Multiagency Children's Services: State policy |
| Code § 52-2-302 | Multiagency Children's Services: Definitions |
| Code § 52-2-303 | Multiagency Children's Services: Children's system of care planning committee -- membership -- administration |
| Code § 52-2-304 | Multiagency Children's Services: Committee duties |
TITLE 41 MINORS
CHAPTER 3 CHILD ABUSE AND NEGLECT
PART 2 REPORTS AND INVESTIGATIONS
Mont. Code Anno., § 41-3-205 (2007)
41-3-205 Confidentiality -- disclosure exceptions.
(1) The case records of the department and its local affiliate, the local office of public assistance, the county attorney, and the court concerning actions taken under this chapter and all records concerning reports of child abuse and neglect must be kept confidential except as provided by this section. Except as provided in subsections (7) and (8), a person who purposely or knowingly permits or encourages the unauthorized dissemination of the contents of case records is guilty of a misdemeanor.
(2) Records may be disclosed to a court for in camera inspection if relevant to an issue before it. The court may permit public disclosure if it finds disclosure to be necessary for the fair resolution of an issue before it.
(3) Records, including case notes, correspondence, evaluations, videotapes, and interviews, unless otherwise protected by this section or unless disclosure of the records is determined to be detrimental to the child or harmful to another person who is a subject of information contained in the records, may be disclosed to the following persons or entities in this state and any other state or country:
(a) a department, agency, or organization, including a federal agency, military enclave, or Indian tribal organization, that is legally authorized to receive, inspect, or investigate reports of child abuse or neglect and that otherwise meets the disclosure criteria contained in this section;
(b) a licensed youth care facility or a licensed child-placing agency that is providing services to the family or child who is the subject of a report in the records or to a person authorized by the department to receive relevant information for the purpose of determining the best interests of a child with respect to an adoptive placement;
(c) a health or mental health professional who is treating the family or child who is the subject of a report in the records;
(d) a parent, guardian, or person designated by a parent or guardian of the child who is the subject of a report in the records or other person responsible for the child's welfare, without disclosure of the identity of any person who reported or provided information on the alleged child abuse or neglect incident contained in the records;
(e) a child named in the records who was allegedly abused or neglected or the child's legal guardian or legal representative, including the child's guardian ad litem or attorney or a special advocate appointed by the court to represent a child in a pending case;
(f) the state protection and advocacy program as authorized by 42 U.S.C. 6042(a)(2)(B);
(g) approved foster and adoptive parents who are or may be providing care for a child;
(h) a person about whom a report has been made and that person's attorney, with respect to the relevant records pertaining to that person only and without disclosing the identity of the reporter or any other person whose safety may be endangered;
(i) an agency, including a probation or parole agency, that is legally responsible for the supervision of an alleged perpetrator of child abuse or neglect;
(j) a person, agency, or organization that is engaged in a bona fide research or evaluation project and that is authorized by the department to conduct the research or evaluation;
(k) the members of an interdisciplinary child protective team authorized under 41-3-108 or of a family group decisionmaking meeting for the purposes of assessing the needs of the child and family, formulating a treatment plan, and monitoring the plan;
(l) the coroner or medical examiner when determining the cause of death of a child;
(m) a child fatality review team recognized by the department;
(n) a department or agency investigating an applicant for a license or registration that is required to operate a youth care facility, day-care facility, or child-placing agency;
(o) a person or entity who is carrying out background, employment-related, or volunteer-related screening of current or prospective employees or volunteers who have or may have unsupervised contact with children through employment or volunteer activities. A request for information under this subsection (3)(o) must be made in writing. Disclosure under this subsection (3)(o) is limited to information that indicates a risk to children, persons with developmental disabilities, or older persons posed by the person about whom the information is sought, as determined by the department.
(p) the news media, a member of the United States congress, or a state legislator, if disclosure is limited to confirmation of factual information regarding how the case was handled and if disclosure does not violate the privacy rights of the child or the child's parent or guardian, as determined by the department;
(q) an employee of the department or other state agency if disclosure of the records is necessary for administration of programs designed to benefit the child;
(r) an agency of an Indian tribe, a qualified expert witness, or the relatives of an Indian child if disclosure of the records is necessary to meet requirements of the federal Indian Child Welfare Act;
(s) a youth probation officer who is working in an official capacity with the child who is the subject of a report in the records;
(t) a county attorney, peace officer, or attorney who is hired by or represents the department if disclosure is necessary for the investigation, defense, or prosecution of a case involving child abuse or neglect;
(u) a foster care review committee established under 41-3-115 or, when applicable, a citizen review board established under Title 41, chapter 3, part 10;
(v) a school employee participating in an interview of a child by a social worker, county attorney, or peace officer, as provided in 41-3-202;
(w) a member of a county interdisciplinary child information team formed under the provisions of 52-2-211;
(x) members of a local interagency staffing group provided for in 52-2-203;
(y) a member of a youth placement committee formed under the provisions of 41-5-121; or
(z) a principal of a school or other employee of the school district authorized by the trustees of the district to receive the information with respect to a student of the district who is a client of the department.
(4) A school or school district may disclose, without consent, personally identifiable information from the education records of a pupil to the department, the court, a review board, and the child's assigned attorney, guardian ad litem, or special advocate.
(5) Information that identifies a person as a participant in or recipient of substance abuse treatment services may be disclosed only as allowed by federal substance abuse confidentiality laws, including the consent provisions of the law.
(6) The confidentiality provisions of this section must be construed to allow a court of this state to share information with other courts of this state or of another state when necessary to expedite the interstate placement of children.
(7) A person who is authorized to receive records under this section shall maintain the confidentiality of the records and may not disclose information in the records to anyone other than the persons described in subsection (3)(a). However, this subsection may not be construed to compel a family member to keep the proceedings confidential.
(8) A news organization or its employee, including a freelance writer or reporter, is not liable for reporting facts or statements made by an immediate family member under subsection (7) if the news organization, employee, writer, or reporter maintains the confidentiality of the child who is the subject of the proceeding.
(9) This section is not intended to affect the confidentiality of criminal court records, records of law enforcement agencies, or medical records covered by state or federal disclosure limitations.
(10) Copies of records, evaluations, reports, or other evidence obtained or generated pursuant to this section that are provided to the parent, the guardian, or the parent or guardian's attorney must be provided without cost.
TITLE 41 MINORS
CHAPTER 5 YOUTH COURT ACT
PART 1 GENERAL
Mont. Code Anno., § 41-5-102 (2007)
41-5-102 Declaration of purpose.
The Montana Youth Court Act must be interpreted and construed to effectuate the following express legislative purposes:
(1) to preserve the unity and welfare of the family whenever possible and to provide for the care, protection, and wholesome mental and physical development of a youth coming within the provisions of the Montana Youth Court Act;
(2) to prevent and reduce youth delinquency through a system that does not seek retribution but that provides:
(a) immediate, consistent, enforceable, and avoidable consequences of youths' actions;
(b) a program of supervision, care, rehabilitation, detention, competency development, and community protection for youth before they become adult offenders;
(c) in appropriate cases, restitution as ordered by the youth court; and
(d) that, whenever removal from the home is necessary, the youth is entitled to maintain ethnic, cultural, or religious heritage whenever appropriate;
(3) to achieve the purposes of subsections (1) and (2) in a family environment whenever possible, separating the youth from the parents only when necessary for the welfare of the youth or for the safety and protection of the community;
(4) to provide judicial procedures in which the parties are ensured a fair, accurate hearing and recognition and enforcement of their constitutional and statutory rights.
As used in the Montana Youth Court Act, unless the context requires otherwise, the following definitions apply:
(1) "Adult" means an individual who is 18 years of age or older.
(2) "Agency" means any entity of state or local government authorized by law to be responsible for the care or rehabilitation of youth.
(3) "Assessment officer" means a person who is authorized by the court to provide initial intake and evaluation for a youth who appears to be in need of intervention or an alleged delinquent youth.
(4) "Commit" means to transfer legal custody of a youth to the department or to the youth court.
(5) "Correctional facility" means a public or private, physically secure residential facility under contract with the department and operated solely for the purpose of housing adjudicated delinquent youth.
(6) "Cost containment pool" means funds allocated by the department under 41-5-132 for distribution by the cost containment review panel.
(7) "Cost containment review panel" means the panel established in 41-5-131.
(8) "Court", when used without further qualification, means the youth court of the district court.
(9) "Criminally convicted youth" means a youth who has been convicted in a district court pursuant to 41-5-206.
(10) (a) "Custodian" means a person, other than a parent or guardian, to whom legal custody of the youth has been given.
(b) The term does not include a person who has only physical custody.
(11) "Delinquent youth" means a youth who is adjudicated under formal proceedings under the Montana Youth Court Act as a youth:
(a) who has committed an offense that, if committed by an adult, would constitute a criminal offense; or
(b) who has been placed on probation as a delinquent youth and who has violated any condition of probation.
(12) "Department" means the department of corrections provided for in 2-15-2301.
(13) (a) "Department records" means information or data, either in written or electronic form, maintained by the department pertaining to youth who are committed under 41-5-1513(1)(b) or who are under parole supervision.
(b) Department records do not include information provided by the department to the department of public health and human services' management information system or information maintained by the youth court through the office of court administrator.
(14) "Detention" means the holding or temporary placement of a youth in the youth's home under home arrest or in a facility other than the youth's own home for:
(a) the purpose of ensuring the continued custody of the youth at any time after the youth is taken into custody and before final disposition of the youth's case;
(b) contempt of court or violation of a valid court order; or
(c) violation of a youth parole agreement.
(15) "Detention facility" means a physically restricting facility designed to prevent a youth from departing at will. The term includes a youth detention facility, short-term detention center, and regional detention facility.
(16) "Emergency placement" means placement of a youth in a youth care facility for less than 45 days to protect the youth when there is no alternative placement available.
(17) "Family" means the parents, guardians, legal custodians, and siblings or other youth with whom a youth ordinarily lives.
(18) "Final disposition" means the implementation of a court order for the disposition or placement of a youth as provided in 41-5-1422, 41-5-1503, 41-5-1504, 41-5-1512, 41-5-1513, and 41-5-1522 through 41-5-1525.
(19) (a) "Formal youth court records" means information or data, either in written or electronic form, on file with the clerk of district court pertaining to a youth under the jurisdiction of the youth court and includes petitions, motions, other filed pleadings, court findings, verdicts, orders and decrees, and predispositional studies.
(b) The term does not include information provided by the youth court to the department of public health and human services' management information system.
(20) "Foster home" means a private residence licensed by the department of public health and human services for placement of a youth.
(21) "Guardian" means an adult:
(a) who is responsible for a youth and has the reciprocal rights, duties, and responsibilities with the youth; and
(b) whose status is created and defined by law.
(22) "Habitual truancy" means recorded absences of 10 days or more of unexcused absences in a semester or absences without prior written approval of a parent or a guardian.
(23) (a) "Holdover" means a room, office, building, or other place approved by the board of crime control for the temporary detention and supervision of youth in a physically unrestricting setting for a period not to exceed 24 hours while the youth is awaiting a probable cause hearing, release, or transfer to an appropriate detention or shelter care facility.
(b) The term does not include a jail.
(24) (a) "Informal youth court records" means information or data, either in written or electronic form, maintained by youth court probation offices pertaining to a youth under the jurisdiction of the youth court and includes reports of preliminary inquiries, youth assessment materials, medical records, school records, and supervision records of probationers.
(b) The term does not include information provided by the youth court to the department of public health and human services' management information system.
(25) (a) "Jail" means a facility used for the confinement of adults accused or convicted of criminal offenses. The term includes a lockup or other facility used primarily for the temporary confinement of adults after arrest.
(b) The term does not include a colocated juvenile detention facility that complies with 28 CFR, part 31.
(26) "Judge", when used without further qualification, means the judge of the youth court.
(27) "Juvenile home arrest officer" means a court-appointed officer administering or supervising juveniles in a program for home arrest, as provided for in Title 46, chapter 18, part 10.
(28) "Law enforcement records" means information or data, either in written or electronic form, maintained by a law enforcement agency, as defined in 7-32-201, pertaining to a youth covered by this chapter.
(29) (a) "Legal custody" means the legal status created by order of a court of competent jurisdiction that gives a person the right and duty to:
(i) have physical custody of the youth;
(ii) determine with whom the youth shall live and for what period;
(iii) protect, train, and discipline the youth; and
(iv) provide the youth with food, shelter, education, and ordinary medical care.
(b) An individual granted legal custody of a youth shall personally exercise the individual's rights and duties as guardian unless otherwise authorized by the court entering the order.
(30) "Necessary parties" includes the youth and the youth's parents, guardian, custodian, or spouse.
(31) (a) "Out-of-home placement" means placement of a youth in a program, facility, or home, other than a custodial parent's home, for purposes other than preadjudicatory detention.
(b) The term does not include shelter care or emergency placement of less than 45 days.
(32) (a) "Parent" means the natural or adoptive parent.
(b) The term does not include:
(i) a person whose parental rights have been judicially terminated; or
(ii) the putative father of an illegitimate youth unless the putative father's paternity is established by an adjudication or by other clear and convincing proof.
(33) "Probable cause hearing" means the hearing provided for in 41-5-332.
(34) "Regional detention facility" means a youth detention facility established and maintained by two or more counties, as authorized in 41-5-1804.
(35) "Restitution" means payments in cash to the victim or with services to the victim or the general community when these payments are made pursuant to a consent adjustment, consent decree, or other youth court order.
(36) "Running away from home" means that a youth has been reported to have run away from home without the consent of a parent or guardian or a custodian having legal custody of the youth.
(37) "Secure detention facility" means a public or private facility that:
(a) is used for the temporary placement of youth or individuals accused or convicted of criminal offenses or as a sanction for contempt of court, violation of a parole agreement, or violation of a valid court order; and
(b) is designed to physically restrict the movements and activities of youth or other individuals held in lawful custody of the facility.
(38) "Serious juvenile offender" means a youth who has committed an offense that would be considered a felony offense if committed by an adult and that is an offense against a person, an offense against property, or an offense involving dangerous drugs.
(39) "Shelter care" means the temporary substitute care of youth in physically unrestricting facilities.
(40) "Shelter care facility" means a facility used for the shelter care of youth. The term is limited to the facilities enumerated in 41-5-347.
(41) "Short-term detention center" means a detention facility licensed by the department for the temporary placement or care of youth, for a period not to exceed 10 days excluding weekends and legal holidays, pending a probable cause hearing, release, or transfer of the youth to an appropriate detention facility, youth assessment center, or shelter care facility.
(42) "State youth correctional facility" means the Pine Hills youth correctional facility in Miles City or the Riverside youth correctional facility in Boulder.
(43) "Substitute care" means full-time care of youth in a residential setting for the purpose of providing food, shelter, security and safety, guidance, direction, and, if necessary, treatment to youth who are removed from or are without the care and supervision of their parents or guardians.
(44) "Victim" means:
(a) a person who suffers property, physical, or emotional injury as a result of an offense committed by a youth that would be a criminal offense if committed by an adult;
(b) an adult relative of the victim, as defined in subsection (44)(a), if the victim is a minor; and
(c) an adult relative of a homicide victim.
(45) "Youth" means an individual who is less than 18 years of age without regard to sex or emancipation.
(46) "Youth assessment" means a multidisciplinary assessment of a youth as provided in 41-5-1203.
(47) "Youth assessment center" means a staff-secured location that is licensed by the department of public health and human services to hold a youth for up to 10 days for the purpose of providing an immediate and comprehensive community-based youth assessment to assist the youth and the youth's family in addressing the youth's behavior.
(48) "Youth care facility" has the meaning provided in 52-2-602.
(49) "Youth court" means the court established pursuant to this chapter to hear all proceedings in which a youth is alleged to be a delinquent youth or a youth in need of intervention and includes the youth court judge, probation officers, and assessment officers.
(50) "Youth detention facility" means a secure detention facility licensed by the department for the temporary substitute care of youth that is:
(a) (i) operated, administered, and staffed separately and independently of a jail; or
(ii) a colocated secure detention facility that complies with 28 CFR, part 31; and
(b) used exclusively for the lawful detention of alleged or adjudicated delinquent youth or as a sanction for contempt of court, violation of a parole agreement, or violation of a valid court order.
(51) "Youth in need of intervention" means a youth who is adjudicated as a youth and who:
(a) commits an offense prohibited by law that if committed by an adult would not constitute a criminal offense, including but not limited to a youth who:
(i) violates any Montana municipal or state law regarding alcoholic beverages; or
(ii) continues to exhibit behavior, including running away from home or habitual truancy, beyond the control of the youth's parents, foster parents, physical custodian, or guardian despite the attempt of the youth's parents, foster parents, physical custodian, or guardian to exert all reasonable efforts to mediate, resolve, or control the youth's behavior; or
(b) has committed any of the acts of a delinquent youth but whom the youth court, in its discretion, chooses to regard as a youth in need of intervention.
TITLE 41 MINORS
CHAPTER 5 YOUTH COURT ACT
PART 1 GENERAL
Mont. Code Anno., § 41-5-121 (2007)
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.
41-5-122 Duties of youth placement committee.
A youth placement committee shall:
(1) review all information relevant to the placement of a youth;
(2) consider available resources appropriate to meet the needs of the youth;
(3) consider the treatment recommendations of any professional person who has evaluated the youth;
(4) consider options for the financial support of the youth;
(5) recommend in writing to the youth court judge or the department an appropriate placement for the youth, considering the age and treatment needs of the youth and the relative costs of care in facilities considered appropriate for placement. A committee shall consider placement in a licensed facility, at a state youth correctional facility, or with a parent, other family member, or guardian.
(6) review temporary and emergency placements as required under 41-5-124; and
(7) conduct placement reviews at least every 6 months and at other times as requested by the youth court.
TITLE 41 MINORS
CHAPTER 5 YOUTH COURT ACT
PART 2 YOUTH COURT -- JURISDICTION – RECORDS
41-5-215 Youth court and department records -- notification of school.
(1) Formal youth court records, including reports of preliminary inquiries, petitions, motions, other filed pleadings, court findings, verdicts, and orders and decrees on file with the clerk of court are public records and are open to public inspection until the records are sealed under 41-5-216.
(2) Social, medical, and psychological records, youth assessment materials, predispositional studies, and supervision records of probationers are open only to the following:
(a) the youth court and its professional staff;
(b) representatives of any agency providing supervision and having legal custody of a youth;
(c) any other person, by order of the court, having a legitimate interest in the case or in the work of the court;
(d) any court and its probation and other professional staff or the attorney for a convicted party who had been a party to proceedings in the youth court when considering the sentence to be imposed upon the party;
(e) the county attorney;
(f) the youth who is the subject of the report or record, after emancipation or reaching the age of majority;
(g) a member of a county interdisciplinary child information team formed under 52-2-211 who is not listed in this subsection (2);
(h) members of a local interagency staffing group provided for in 52-2-203;
(i) persons allowed access to the reports referred to under 45-5-624(7); and
(j) persons allowed access under 42-3-203.
(3) (a) Notwithstanding the requirements of 20-5-321(1)(d) or (1)(e) and subject to the provisions of subsection (3)(b) of this section, the youth court shall notify the school district that the youth presently attends or the school district that the youth has applied to attend of a youth's suspected drug use or criminal activity if after an investigation has been completed:
(i) the youth has admitted the allegation or a petition has been filed with the youth court; and
(ii) a juvenile probation officer has reason to believe that a youth is currently involved with drug use or other criminal activity that has a bearing on the safety of children.
(b) Notification under subsection (3)(a) may not be given for status offenses.
(c) A school district may not refuse to accept the student if refusal violates the federal Individuals With Disabilities Education Act or the federal Americans With Disabilities Act of 1990.
(d) The administrative officials of the school district may enforce school disciplinary procedures that existed at the time of the admission or adjudication. The information may not be further disclosed and may not be made part of the student's permanent records.
(4) In all cases, a victim is entitled to all information concerning the identity and disposition of the youth, as provided in 41-5-1416.
(5) The school district may disclose, without consent, personally identifiable information from an education record of a pupil to the youth court and law enforcement authorities pertaining to violations of the Montana Youth Court Act or criminal laws by the pupil. The youth court or law enforcement authorities receiving the information shall certify in writing to the school district that the information will not be disclosed to any other party except as provided under state law without the prior consent of the parent or guardian of the pupil.
(6) Any part of records information secured from records listed in subsection (2), when presented to and used by the court in a proceeding under this chapter, must also be made available to the counsel for the parties to the proceedings.
41-5-216 Disposition of youth court, law enforcement, and department records.
(1) Formal youth court records, law enforcement records, and department records that are not exempt from sealing under subsections (4) and (6) and that pertain to a youth covered by this chapter must be physically sealed on the youth's 18th birthday. In those cases in which jurisdiction of the court or any agency is extended beyond the youth's 18th birthday, the records must be physically sealed upon termination of the extended jurisdiction.
(2) Except as provided in subsection (6), when the records pertaining to a youth pursuant to this section are sealed, an agency, other than the department, that has in its possession copies of the sealed records shall destroy the copies of the records. Anyone violating the provisions of this subsection is subject to contempt of court.
(3) Except as provided in subsection (6), this section does not prohibit the destruction of records with the consent of the youth court judge or county attorney after 10 years from the date of sealing.
(4) The requirements for sealed records in this section do not apply to medical records, fingerprints, DNA records, photographs, youth traffic records, records in any case in which the youth did not fulfill all requirements of the court's judgment or disposition, records referred to in 42-3-203, reports referred to in 45-5-624(7), or the information referred to in 46-23-508, in any instance in which the youth was required to register as a sexual offender pursuant to Title 46, chapter 23, part 5.
(5) After formal youth court records, law enforcement records, and department records are sealed, they are not open to inspection except, upon order of the youth court, for good cause, including when a youth commits a new offense, to:
(a) those persons and agencies listed in 41-5-215(2); and
(b) adult probation professional staff preparing a presentence report on a youth who has reached the age of majority.
(6) (a) When formal youth court records, law enforcement records, and department records are sealed under subsection (1), the electronic records of the management information system maintained by the department of public health and human services and by the department relating to the youth whose records are being sealed must be preserved for the express purpose of research and program evaluation as provided in subsection (6)(b).
(b) The department of public health and human services and the department shall disassociate the offense and disposition information from the name of the youth in the respective management information system. The offense and disposition information must be maintained separately and may be used only:
(i) for research and program evaluation authorized by the department of public health and human services or by the department and subject to any applicable laws; and
(ii) as provided in Title 5, chapter 13.
(7) (a) Informal youth court records for a youth for whom formal proceedings have been filed must be physically sealed on the youth's 18th birthday or, in those cases in which jurisdiction of the court or any agency is extended beyond the youth's 18th birthday, upon termination of the extended jurisdiction and may be inspected only pursuant to subsection (5).
(b) The informal youth court records may be maintained and inspected only by youth court personnel upon a new offense prior to the youth's 18th birthday.
(c) Except as provided in subsection (7)(a), when a youth becomes 18 years of age or when extended supervision ends and the youth was involved only in informal proceedings, informal youth court records that are in hard-copy form must be destroyed and any electronic records in the youth court management information system must disassociate the offense and disposition information from the name of the youth and may be used only for the following purposes:
(i) for research and program evaluation authorized by the office of the court administrator and subject to any applicable laws; and
(ii) as provided in Title 5, chapter 13.
(8) Nothing in this section prohibits the intra-agency use or information sharing of formal or informal youth court records within the juvenile probation management information system. Electronic records of the youth court may not be shared except as provided in 41-5-1524. If a person authorized under 41-5-215 is in need of a copy of a record that is in electronic form, the juvenile probation officer shall make only a physical copy of the record that is authorized and the person receiving the record shall destroy the record after it has fulfilled its purpose or as provided in subsection (2) of this section.
(9) This section does not prohibit the intra-agency use or information sharing of formal or informal youth court records within the department's youth management information system. Electronic records of the department's youth management information system may not be shared except as provided in subsection (5). If a person authorized under 41-5-215 is in need of a copy of a record that is in electronic form, the department shall make only a physical copy of the record that is authorized and the person receiving the record shall destroy the record after it has fulfilled its purpose or as provided in subsection (2) of this section.
(10) This section does not prohibit the sharing of formal or informal youth court records with a short-term detention center, a youth care facility, a youth assessment center, or a youth detention facility upon placement of a youth within the facility.
TITLE 41 MINORS
CHAPTER 5 YOUTH COURT ACT
PART 12 PRELIMINARY INVESTIGATION
Mont. Code Anno., § 41-5-1201 (2007)
41-5-1201 Preliminary inquiry -- referral of youth in need of care.
(1) Whenever the court receives information from an agency or person, including a parent or guardian of a youth, based upon reasonable grounds, that a youth is or appears to be a delinquent youth or a youth in need of intervention or that the youth is subject to a court order or consent order and has violated the terms of an order, a probation officer or an assessment officer shall make a preliminary inquiry into the matter.
(2) If the probation officer or assessment officer determines that the facts indicate that the youth is a youth in need of care, as defined in 41-3-102, the matter must be immediately referred to the department of public health and human services.
41-5-1202 Preliminary inquiry -- procedure -- youth assessment.
(1) In conducting a preliminary inquiry under 41-5-1201, the probation officer or assessment officer shall:
(a) advise the youth of the youth's rights under this chapter and the constitutions of the state of Montana and the United States;
(b) determine whether the matter is within the jurisdiction of the court;
(c) determine, if the youth is in detention, a youth assessment center, or shelter care, whether detention, placement in a youth assessment center, or shelter care should be continued or modified based upon criteria set forth in 41-5-341 through 41-5-343.
(2) In conducting a preliminary inquiry, the probation officer or assessment officer may:
(a) require the presence of any person relevant to the inquiry;
(b) request subpoenas from the judge to accomplish this purpose;
(c) require investigation of the matter by any law enforcement agency or any other appropriate state or local agency;
(d) perform a youth assessment pursuant to 41-5-1203.
41-5-1203 Preliminary inquiry -- youth assessment.
(1) The probation officer or assessment officer may perform a youth assessment if:
(a) a youth has been referred to the youth court as an alleged youth in need of intervention with a minimum of two misdemeanor offenses or three offenses in the past year that would not be offenses if the youth were an adult;
(b) the youth is alleged to be a youth in need of intervention or a delinquent youth and the youth or the youth's parents or guardian requests the youth assessment and both the youth and the parents or guardian are willing to cooperate with the assessment process; or
(c) the circumstances surrounding a youth who has committed an act that would be a felony if committed by an adult indicate the need for a youth assessment and the safety of the community has been considered in determining where the youth assessment is conducted.
(2) A youth assessment:
(a) must be a multidisciplinary effort that may include, but is not limited to a chemical dependency evaluation of the youth, an educational assessment of the youth, an evaluation to determine if the youth has mental health needs, or an assessment of the need for any family-based services or other services provided by the department of public health and human services or other state and local agencies. The education component of the youth assessment is intended to address attendance, behavior, and performance issues of the youth. The education component is not intended to interfere with the right to attend a nonpublic or home school that complies with 20-5-109.
(b) must include a summary of the family's strengths and needs as they relate to addressing the youth's behavior;
(c) may occur in a youth's home, with or without electronic monitoring, or pursuant to 41-5-343 in a youth assessment center licensed by the department of public health and human services or in any other entity licensed by the department of public health and human services. The county shall provide adequate security in other licensed entities through provision of additional staff or electronic monitoring. The staff provided by the county must meet licensing requirements applicable to the licensed entity in which the youth is being held.
(3) The assessment officer arranging the youth assessment shall work with the parent or guardian of the youth to coordinate the performance of the various parts of the assessment with any providers that may already be working with the family or providers that are chosen by the family to the extent possible to meet the goals of the Youth Court Act.
41-5-1204 Preliminary inquiry -- determinations -- release.
Once relevant information is secured after a preliminary inquiry under 41-5-1201, the probation officer or assessment officer shall:
(1) determine whether the interest of the public or the youth requires that further action be taken;
(2) terminate the inquiry upon the determination that no further action be taken; and
(3) release the youth immediately upon the determination that the filing of a petition is not authorized.
41-5-1205 Preliminary inquiry -- dispositions available to probation officer.
Upon determining that further action is required after a preliminary inquiry under 41-5-1201, the probation officer or assessment officer may:
(1) arrange informal disposition as provided in 41-5-1301; or
(2) refer the matter to the county attorney for filing a petition in youth court charging the youth to be a delinquent youth or a youth in need of intervention or for filing an information in the district court as provided in 41-5-206.
41-5-1206 Investigation, fingerprints, and photographs.
(1) All law enforcement investigations relating to a delinquent youth or youth in need of intervention must be conducted in accordance with this chapter and Title 46.
(2) A youth may be fingerprinted or photographed for criminal identification purposes:
(a) if arrested for conduct alleged to be unlawful that would be a felony if committed by an adult;
(b) pursuant to a search warrant, supported by probable cause, issued by a judge, justice of the peace, or magistrate; or
(c) upon the order of the youth court judge, after a petition alleging delinquency has been filed.
(3) Fingerprint records and photographs may be used by the department of justice or any law enforcement agency in the judicial district for comparison and identification purposes in any other investigation.
41-5-1207 through 41-5-1209 reserved.
TITLE 52 FAMILY SERVICES
CHAPTER 2 CHILDREN'S SERVICES
PART 2 MULTIAGENCY CHILDREN'S SERVICES
Mont. Code Anno., § 52-2-203 (2007)
52-2-203 Cooperative agreement regarding children's services.
(1) State agencies shall enter into a cooperative agreement for the purpose of coordinating services to children with multiagency service needs. However, the existing state and community interagency service delivery and planning process for developmental disabilities may not be affected by this section.
(2) The cooperative agreement may:
(a) include a functional definition of "children with multiagency service needs";
(b) identify the responsibilities of each state agency in relation to children with multiagency service needs;
(c) describe agreements to recognize duplicated services and to fill gaps in services to children with multiagency service needs;
(d) define a process for the resolution of disputes between state agencies that relate to specific areas of an agency's service responsibilities;
(e) establish local interagency staffing groups that consist of the following members:
(i) a local representative from each state agency who is authorized to commit resources and make decisions on behalf of the agency represented;
(ii) representatives of local school districts, youth probation offices, and other public agencies serving youth; and
(iii) representatives of local private youth service agencies;
(f) provide that if a state agency is not able to provide all the services that a child requires, the agency may submit the child's case history to the local staffing group for the provision of multiagency services to the child;
(g) provide that a local interagency staffing group shall meet at the request of any one of its members to consider the provision of services to a child with multiagency service needs;
(h) provide for confidentiality of a child's case records in the same manner as provided in 41-3-205; and
(i) provide for review and necessary revision of the cooperative agreement at least once annually.
(3) For purposes of this part, the department of public health and human services is designated as the lead agency in coordinating and planning services to children with multiagency service needs. Other state agencies shall cooperate with the department of public health and human services to ensure minimum duplication and maximum coordination of services for children in Montana.
TITLE 52 FAMILY SERVICES
CHAPTER 2 CHILDREN'S SERVICES
PART 2 MULTIAGENCY CHILDREN'S SERVICES
Mont. Code Anno., § 52-2-211 (2007)
52-2-211 County interdisciplinary child information team.
(1) The following persons and agencies operating within a county may by written agreement form a county interdisciplinary child information team:
(a) the youth court;
(b) the county attorney;
(c) the department of public health and human services;
(d) the county superintendent of schools;
(e) the sheriff;
(f) the chief of any police force;
(g) the superintendents of public school districts; and
(h) the department of corrections.
(2) The persons and agencies signing a written agreement under subsection (1) may by majority vote allow the following persons to sign the written agreement and join the team:
(a) physicians, psychologists, psychiatrists, nurses, and other providers of medical and mental health care;
(b) entities operating private elementary and secondary schools;
(c) attorneys; and
(d) a person or entity that has or may have a legitimate interest in one or more children that the team will serve.
(3) (a) The members of the team or their designees may form one or more auxiliary teams for the purpose of providing service to a single child, a group of children, or children with a particular type of problem or for any other purpose. Auxiliary teams are subject to the written agreement.
(b) A member of an auxiliary team must be a person who has personal knowledge of or experience with the child or children in the member's respective field.
(4) The purpose of the team and written agreement is to facilitate the exchange and sharing of information that one or more team members may be able to use in serving a child in the course of their professions and occupations, including but not limited to abused or neglected children, delinquent youth, and youth in need of intervention. Information regarding a child that a team member supplies to other team members or that is disseminated to a team member under 41-3-205 or 41-5-215(2) and (3) may not be disseminated beyond the team.
(5) The terms of the written agreement must provide for the rules under which the team will operate, the method by which information will be shared, distributed, and managed, and any other matters necessary to the purpose and functions of the team.
(6) The terms of the written agreement must state how the team will coordinate its efforts with interdisciplinary child protective teams as provided in 41-3-108 and youth placement committees as provided for in 41-5-121.
(7) To the extent that the county interdisciplinary child information team is involved in a proceeding that is held prior to adjudication of a youth in youth court, the team satisfies the requirements of 20 U.S.C. 1232g(b)(1)(E)(ii)(I) of the Family Educational Rights and Privacy Act of 1974. Montana school districts may release education records to the team. The terms of the written agreement described in subsection (5) must include a requirement that the officials and authorities to whom the information is disclosed certify in writing to the school district that is releasing the education records that the education records or information from the education records will not be disclosed to any other party without the prior written consent of the parent or guardian of the student.
TITLE 52 FAMILY SERVICES
CHAPTER 2 CHILDREN'S SERVICES
PART 3 MULTIAGENCY SERVICE PLACEMENT PLAN
Mont. Code Anno., § 52-2-301 (2007)
The legislature declares that it is the policy of this state:
(1) to provide for and encourage the development of a stable system of care, including quality education, treatment, and services for the high-risk children of this state with multiagency service needs, to the extent that funds are available;
(2) to serve high-risk children with multiagency service needs either in their homes or in the least restrictive and most appropriate setting for their needs in order to preserve the unity and welfare of the family, whenever possible, and to provide for their care and protection and mental, social, and physical development;
(3) to serve high-risk children with multiagency service needs within their home, community, region, and state, whenever possible, and to use out-of-state providers as a last resort;
(4) to provide integrated services to high-risk children with multiagency service needs;
(5) to contain costs and reduce the use of high-cost, highly restrictive, out-of-home placements;
(6) to increase the capacity of communities to serve high-risk children with multiagency service needs in the least restrictive and most appropriate setting for their needs by promoting collaboration and cooperation among the agencies that provide services to children;
(7) to prioritize available resources for meeting the essential needs of high-risk children with multiagency service needs; and
(8) to reduce out-of-home and out-of-community placements through a children's system of care account to fund in-state and community-based services that meet the needs of high-risk children with multiagency service needs in the least restrictive and most appropriate setting possible.
The following definitions apply to this part:
(1) (a) "High-risk child with multiagency service needs" means a child under 18 years of age who is seriously emotionally disturbed, who is placed or who imminently may be placed in an out-of-home setting, and who has a need for collaboration from more than one state agency in order to address the child's needs.
(b) The term does not include a child incarcerated in a state youth correctional facility.
(2) "Least restrictive and most appropriate setting" means a setting in which a high-risk child with multiagency service needs is served:
(a) within the child's family or community; or
(b) outside the child's family or community where the needed services are not available within the child's family or community and where the setting is determined to be the most appropriate alternative setting based on:
(i) the safety of the child and others;
(ii) ethnic and cultural norms;
(iii) preservation of the family;
(iv) services needed by the child and the family;
(v) the geographic proximity to the child's family and community if proximity is important to the child's treatment.
(3) "Provider" means an agency of state or local government, a person, or a program authorized to provide treatment or services to a high-risk child with multiagency service needs who is suffering from mental, behavioral, or emotional disorders.
(4) "Services" has the meaning as defined in 52-2-202.
(5) "System of care" means an integrated service support system that:
(a) emphasizes the strengths of the child and the child's family;
(b) is comprehensive and individualized; and
(c) provides for:
(i) culturally competent and developmentally appropriate services in the least restrictive and most appropriate setting;
(ii) full involvement of families and providers as partners;
(iii) interagency collaboration; and
(iv) unified care and treatment planning at the individual child level.
52-2-303 Children's system of care planning committee -- membership -- administration.
(1) There is a children's system of care planning committee.
(2) The committee is composed of the following members:
(a) an appointee of the director of the department of public health and human services representing the mental health program;
(b) an appointee of the director of the department of public health and human services representing child protective services;
(c) an appointee of the director of the department of public health and human services representing the developmental disability program;
(d) an appointee of the director of the department of public health and human services representing the chemical dependency treatment program;
(e) other appointees considered appropriate by the director of the department of public health and human services who may be representatives of families of high-risk children with multiagency service needs, service providers, or other interested persons or governmental agencies;
(f) an appointee of the superintendent of public instruction representing education;
(g) an appointee of the director of the department of corrections;
(h) an appointee of the youth justice council of the board of crime control; and
(i) an appointee of the supreme court representing the youth courts.
(3) The committee is attached to the department of public health and human services for administrative purposes only as provided in 2-15-121.
(4) Except as provided in this section, the committee must be administered in accordance with 2-15-122.
(1) The committee established in 52-2-303 shall, to the extent possible within existing resources:
(a) develop policies aimed at eliminating or reducing barriers to the implementation of a system of care;
(b) promote the development of an in-state quality array of core services in order to assist in returning high-risk children with multiagency service needs from out-of-state placements, limiting and preventing the placement of high-risk children with multiagency service needs out of state, and maintaining high-risk children with multiagency service needs within the least restrictive and most appropriate setting;
(c) advise local agencies to ensure that the agencies comply with applicable statutes, administrative rules, and department policy in committing funds and resources for the implementation of unified plans of care for high-risk children with multiagency service needs and in making any determination that a high-risk child with multiagency service needs cannot be served by an in-state provider;
(d) encourage the development of local interagency teams with participation from representatives from child serving agencies who are authorized to commit resources and make decisions on behalf of the agency represented;
(e) specify outcome indicators and measures to evaluate the effectiveness of the system of care;
(f) develop mechanisms to elicit meaningful participation from parents, family members, and youth who are currently being served or who have been served in the children's system of care; and
(g) take into consideration the policies, plans, and budget developed by any service area authority provided for in 53-21-1006.
(2) The committee shall coordinate responsibility for the development of a stable system of care for high-risk children with multiagency service needs that may include, as appropriate within existing resources:
(a) pooling funding from federal, state, and local sources to maximize the most cost-effective use of funds to provide services in the least restrictive and most appropriate setting to high-risk children with multiagency service needs;
(b) applying for federal waivers and grants to improve the delivery of integrated services to high-risk children with multiagency service needs;
(c) providing for multiagency data collection and for analysis relevant to the creation of an accurate profile of the state's high-risk children with multiagency service needs in order to provide for the use of services based on client needs and outcomes and use of the analysis in the decisionmaking process;
(d) developing mechanisms for the pooling of human and fiscal resources; and
(e) providing training and technical assistance, as funds permit, at the local level regarding governance, development of a system of care, and delivery of integrated multiagency children's services.
(3) (a) In order to maximize integration and minimize duplication, the local interagency team, provided for in subsection (1)(d), may be facilitated in conjunction with an existing statutory team for providing youth services, including:
(i) a child protective team as provided for in 41-3-108;
(ii) a youth placement committee as provided for in 41-5-121 and 41-5-122;
(iii) a county interdisciplinary child information team or an auxiliary team as provided for in 52-2-211;
(iv) a foster care review committee as provided for in 41-3-115;
(v) a local citizen review board as provided for in 41-3-1003; and
(vi) a local advisory council as provided for in 53-21-702.
(b) If the local interagency team decides to coordinate and consolidate statutory teams, it shall ensure that all state and federal rules, laws, and policies required of the individual statutory teams are fulfilled.