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20.9.113    PLACEMENT RECOMMENDATION PROCEDURES

(1) The committee chair shall submit in writing the primary and alternative recommendations prior to disposition to the department juvenile community corrections bureau chief and youth court judge within 48 hours of the meeting, excluding weekends and legal holidays in non-participating districts.

(2) The recommendation shall be signed by a majority of committee members present.

(3) The committee may notify the presiding youth court judge or department of its recommendation by telephone prior to submitting its written recommendation.

(4) In non-participating districts the department shall determine whether to accept the committee's recommendation within 72 hours of receipt of the recommendations and shall notify the committee chair of its decision.

(a) If the department approves either of the committee's recommendations, the department shall notify the committee chair. The committee chair will notify the referring worker, who will make the necessary arrangements to place the youth in the approved facility.

(b) Prior to disposition, the committee chair will send a copy of the department's approval for placement to the district court judge who has jurisdiction over the youth, the county attorney and the youth's referring worker.

(5) In participating districts at disposition, the youth court judge shall determine whether to accept either of the committee's recommendations.   The youth court may make a placement after considering the recommendations of the committee and the youth court shall enter the placement in the CAPS system for payment.

(a) If the youth court approves either of the committee's recommendations, the youth court shall notify the committee chair.   The committee chair shall notify the referring worker, who will make the necessary arrangements to place the youth in the approved facility.

(b) The committee chair shall send a copy of the youth court's approval for placement to the department, the county attorney, the youth's attorney, and the youth's referring worker.

(6) In non-participating districts, if the department rejects both of the committee's recommended placements, the department shall notify the committee chair in writing of the reasons for rejecting each placement following the disposition hearing. The department shall make arrangements with the youth's probation officer for the placement of the youth in an appropriate placement determined by the department.   The department shall notify the committee chair, the county attorney and the appropriate youth court judge in writing of the facility selected for the placement of the youth within 72 hours of the department's decision.

(7) In participating districts, if the youth court rejects both of the committee's recommended placements, the youth court shall notify the committee chair in writing of the reasons for rejecting each placement. The youth court shall make arrangements with the youth's probation officer for the placement of the youth in an appropriate facility determined by the youth court.   The youth court shall notify the committee chair, the county attorney and the department in writing of the facility selected for the placement of the youth within three working days of the youth court's decision.

(8) All placements and services must be entered accurately into the CAPS system.   A copy of the court order placing the youth and any other documents concerning the youth, including the initial youth placement committee referral packet, shall be provided to the department and the placement or service provider within three working days of placement for monitoring purposes.

History: 53-1-203, MCA; IMP, 41-5-123, 41-5-124 and 41-5-125, MCA; NEW, 1987 MAR p. 1625, Eff. 9/25/87; TRANS, 1996 MAR p. 1385; amd, 2000 MAR p. 1078, Eff. 4/28/00; AMD, 2002 MAR p. 2433, Eff. 9/13/02.

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