41-5-305. Criteria for placement of youth in secure detention facilities or shelter care facilities. (1) A youth may not be placed in a secure detention facility unless:
(a) he has allegedly committed an act that if committed by an adult would constitute a criminal offense and the alleged offense is one specified in 41-5-206;
(b) he is alleged to be a delinquent youth and:
(i) he has escaped from a correctional facility or secure detention facility;
(ii) he has violated a valid court order or an aftercare agreement;
(iii) his detention is required to protect persons or property;
(iv) he has pending court or administrative action or is awaiting a transfer to another jurisdiction and may abscond or be removed from the jurisdiction of the court;
(v) there are not adequate assurances that he will appear for court when required; or
(vi) he meets additional criteria for secure detention established by the youth court in the judicial district that has current jurisdiction over him; or
(c) he has been adjudicated delinquent and is awaiting final disposition of his case.
(2) A youth may not be placed in a shelter care facility unless:
(a) the youth and his family need shelter care to address their problematic situation when it is not possible for the youth to remain at home;
(b) the youth needs to be protected from physical or emotional harm;
(c) the youth needs to be deterred or prevented from immediate repetition of his troubling behavior;
(d) shelter care is necessary to assess the youth and his environment;
(e) shelter care is necessary to provide adequate time for case planning and disposition; or
(f) shelter care is necessary to intervene in a crisis situation and provide intensive services or attention that might alleviate the problem and reunite the family.
History: En. 10-1212 by Sec. 12, Ch. 329, L. 1974; amd. Sec. 4, Ch. 571, L. 1977; R.C.M. 1947, 10-1212; amd. Sec. 1, Ch. 689, L. 1985; amd. Sec. 8, Ch. 475, L. 1987; amd. Sec. 7, Ch. 515, L. 1987; amd. Sec. 1, Ch. 610, L. 1987; amd. Sec. 3, Ch. 548, L. 1991.
