41-3-440. Limitation on placement. Except as provided in 41-3-301(1) and in the absence of a dispute between the parties to the action regarding the appropriate placement, the department shall determine the appropriate placement for a child alleged to be or adjudicated as a youth in need of care. The court shall settle any dispute between the parties to an action regarding the appropriate placement. The child may not be placed in a youth assessment center, youth detention facility, detention center, or other facility intended or used for the confinement of adults or youth accused or convicted of criminal offenses.
History: En. Sec. 30, Ch. 311, L. 2001.
Structure Montana Code Annotated
Chapter 3. Child Abuse and Neglect
Part 4. Abuse or Neglect Proceedings
41-3-405. Combined with 41-5-805 , renumbered 41-3-1123
41-3-407. Combined with 41-5-806 , renumbered 41-3-1124
41-3-414. through 41-3-419 reserved
41-3-422. Abuse and neglect petitions -- burden of proof
41-3-427. Petition for immediate protection and emergency protective services -- order -- service
41-3-428. Service of process -- service by publication -- effect
41-3-429. Service by publication -- summons -- form
41-3-430. Putative fathers -- service by publication -- continuation of proceedings
41-3-432. Show cause hearing -- order
41-3-433. Temporary investigative authority
41-3-435. and 41-3-436 reserved
41-3-437. Adjudication -- temporary disposition -- findings -- order
41-3-438. Disposition -- hearing -- order
41-3-439. Department to give placement priority to extended family member of abandoned child
41-3-440. Limitation on placement
41-3-441. Review of necessity of nonyouth foster home placement
41-3-442. Temporary legal custody
41-3-443. Treatment plan -- contents -- changes
41-3-444. Abuse and neglect proceedings -- appointment of guardian -- financial subsidies
41-3-446. Contributions by parents or guardians for youth's care