(1) The department may only approve the recommendation of the youth placement committee in non-participating jurisdictions if the recommended placement meets the following criteria:

(a) the placement is the least restrictive alternative necessary to meet the needs of the youth and community and is appropriate considering the youth's offense;

(b) the placement is in close proximity to the youth's family or residence if possible;

(c) the placement will provide treatment or a program appropriate to the youth's needs and will result in the reintegration of the youth into the community at the earliest possible time;

(d) the placement is in a licensed youth care facility or a youth correctional facility, unless the placement is with a parent or with a person having legal custody of the youth;

(e) the placement is in the best interests of the youth;

(f) the placement has taken into consideration any victim statement under 41-5-1511, MCA and other victim impact;

(g) the placement is in a facility which has a contract with the department or youth court to accept youths placed by the department or youth court at the rate determined by the department or youth court, or has otherwise been approved by the department or youth court;

(h) the judicial district that will be financially responsible for the placement costs has adequate funding resources with which to pay for the placement without overspending that judicial district's allocated juvenile residential placement budget; and

(i) in non-participating districts the placement recommended is in accordance with a disposition under 41-5-1512 and 41-5-1513, MCA, pursuant to an adjudication under 41-5-1502, MCA.

(2) In participating districts the placement recommended shall be approved by the department if the recommendation is in accordance with a disposition under 41-5-1302, 41-5-1501, 41-5-1512 or 41-5-1513, MCA.

(3) If there has been no final disposition of a case referred to the youth placement committee within 120 days of the date of the initial referral the referring worker must submit a new referral to the committee chair and the case must be reviewed again.