Montana Code Annotated 2015

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     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 and school safety 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);
     (j) persons allowed access under 42-3-203; and
     (k) persons conducting evaluations as required in 41-5-2003.
     (3) (a) Notwithstanding the requirements of 20-5-321(1)(d) or (1)(e), subject to the provisions of subsection (3)(b) of this section, and according to the guidelines in subsection (3)(f) of this section, the chief probation officer or other designee from the district that has jurisdiction over the matter or the department of corrections for youth under the supervision of the department 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 past or current drug use or criminal activity if after an investigation has been completed:
     (i) a petition has been filed with the youth court or charges are filed in district court alleging a violation of any section in Title 45, chapter 5; or
     (ii) the youth has admitted the allegation and the acts involve any offense in which another youth was an alleged victim and the admitted activity has a bearing on the safety of children.
     (b) Notification under subsection (3)(a) may not be given for status offenses.
     (c) Notification under subsection (3)(a) terminates upon the end of the youth court's supervision or the discharge of the youth by the department of corrections.
     (d) 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.
     (e) 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.
     (f) Notification to the school district under subsection (3)(a) must be provided to:
     (i) the school district superintendent or the superintendent's designee in districts that employ a superintendent;
     (ii) the building principal or the principal's designee in school districts where the building principal is the only administrator; or
     (iii) the county superintendent in school districts that do not employ an administrator.
     (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.

     History: En. 10-1231 by Sec. 31, Ch. 329, L. 1974; R.C.M. 1947, 10-1231; amd. Sec. 1, Ch. 507, L. 1979; amd. Sec. 13, Ch. 515, L. 1987; amd. Sec. 64, Ch. 609, L. 1987; amd. Sec. 4, Ch. 510, L. 1991; amd. Sec. 7, Ch. 655, L. 1991; amd. Sec. 4, Ch. 466, L. 1995; amd. Sec. 4, Ch. 481, L. 1995; amd. Sec. 1, Ch. 450, L. 1997; amd. Sec. 167, Ch. 480, L. 1997; amd. Sec. 46, Ch. 550, L. 1997; Sec. 41-5-603, MCA 1995; redes. 41-5-215 by Sec. 47, Ch. 286, L. 1997; amd. Sec. 2, Ch. 106, L. 1999; amd. Sec. 1, Ch. 564, L. 1999; amd. Sec. 82, Ch. 114, L. 2003; amd. Sec. 2, Ch. 423, L. 2005; amd. Sec. 1, Ch. 54, L. 2009; amd. Sec. 1, Ch. 373, L. 2009; amd. Sec. 6, Ch. 364, L. 2013.

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